United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order

I.       On January 28, 1998, the Department opened an investigation of Cinemark's stadium-style movie theaters. On or about December 2, 1998, prior to litigation, the Department and Cinemark entered into discussions about future construction obligations for its stadium-style movie theaters. The Department issued a letter dated January 26, 1999, asserting that Cinemark's theaters were in violation of the ADA. Cinemark disagreed with the Department's conclusions and asserted its belief that its auditoria complied with the ADA. Cinemark filed suit against the United States in the United States District Court for the Northern District of Texas on January 28, 1999, alleging that the Department's interpretation of Standard 4.33.3 violated the Administrative Procedures Act, 5 U.S.C. 551 et seq.