Tuesday, October 26, 2010

In DOJ Settlement, Kerrville Texas Theater Made Accessible


WASHINGTON - The Justice Department today announced a settlement agreement with the city of Kerrville, Texas, and Playhouse 2000 to bring the Cailloux Theater into compliance with the Americans with Disabilities Act (ADA). The settlement agreement resolves an investigation following a complaint filed by a person with a disability against the theater. The theater underwent significant alterations in 2003. The ADA requires that alterations to the theater should have been done so that that it is readily accessible to and usable by individuals with disabilities.


Under the agreement, the city of Kerrville, which owns the theater, and Playhouse 2000, which manages and operates the theater, will take the following steps to improve access to the theater, including:
-Provide a choice of accessible wheelchair seating locations with a choice of ticket prices;
-Provide fixed companion seats for all wheelchair seating locations;
-Provide accessible routes throughout the theater;
-Provide ADA-compliant signage;
-Implement an ADA-compliant reservations policy; and
-Pay $2,500 in damages to the complainant.


"Everyone should be able to enjoy the cultural experience of attending live theater, including persons with disabilities. We are pleased that the city of Kerrville and Playhouse 2000 are taking steps to ensure that individuals with disabilities are guaranteed full access to the Cailloux theater," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.


The ADA protects individuals with disabilities from discrimination in all activities of state and local government entities, and from being denied an equal opportunity to participate in or benefit from the goods and services of public accommodations. For more information about the ADA call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at http://www.ada.gov/.

23 comments:

Anonymous said...

December1972?Here we go again! There has to be a lawsuit or a formal complain in place so that they can do something. I guess some entities will not do what they are supposed to do until they are forced to do it.
I am happy to hear that Washington, DC. is paying attention to the needs of small cities compared to Washington.
It will be nice that everyone can get a similar opportunity to enjoy art. I do not want to say equal opportunity because it might not be equal.
The owners of the theater would have spent less having done the accommodations when the renovations were being done. But now they will have to pay more money for the new accommodations plus $2,500 on damages.
By Matilde Barrera Alaniz

Anonymous said...

Here we go again! There has to be a lawsuit or a formal complain in place so that they can do something. I guess some entities will not do what they are supposed to do until they are forced to do it.
I am happy to hear that Washington, DC. is paying attention to the needs of small cities compared to Washington.
It will be nice that everyone can get a similar opportunity to enjoy art. I do not want to say equal opportunity because it might not be equal.
The owners of the theater would have spent less having done the accommodations when the renovations were being done. But now they will have to pay more money for the new accommodations plus $2,500 on damages.

Anonymous said...

Here we go again! There has to be a lawsuit or a formal complain in place so that they can do something. I guess some entities will not do what they are supposed to do until they are forced to do it.
I am happy to hear that Washington, DC. is paying attention to the needs of small cities compared to Washington.
It will be nice that everyone can get a similar opportunity to enjoy art. I do not want to say equal opportunity because it might not be equal.
The owners of the theater would have spent less having done the accommodations when the renovations were being done. But now they will have to pay more money for the new accommodations plus $2,500 on damages.

By Matilde Barrera Alaniz
Sorry for the mistakes on the others :)

Alma Niccum said...

Since the creation of ADA, 18 years ago this organization is working to help individuals with special needs. I notice that the auditorium was built 50 years ago and The Cailloux Family and the City of Kerrville collaborated in the renovations of the Kerrville Municipal Auditorium in 2003 and today this auditorium looks nice. Today with these entire renovations people with disabilities should be able to enjoy all type of art. Today there are several areas designated specifically for those individuals who have special needs, including an elevator to provide access to the rear of the auditorium.

Veronica Villalon said...

It’s great to see that this institution has become ADA compliant. I know it may have taken them some time to do so, but they are setting a great example for others. Sadly there are many public places are still not ADA complaint even though the Americans with disabilities act was put into place many years ago.

Maybe the only way to get every public facility to become ADA complaint will be by suing all of them, because obviously this technique seems to work. Matilde makes a great point about the money having been better spent by just making the theater ADA compliant in the first place.

I am just glad to see that there are people out there who are determined to advocate for individuals with disabilities. By advocating for people with disabilities we give them the opportunity to enjoy all the great things life has to offer.

maria barrera said...

It is unbelieveable to see that still some places are just considering making alterations to their facilities. For example, I would think that a place like the theater that was mentioned in this case would not wait for a complaint to make such an accomodation. All people deserve to enjoy life to the fullest and no one should have to avoid going to certain places or doing certain activities just because the reasonable accomodations are not in place. I am glad that the changes are being made and this will allow for people with disabilities to feel more comfortable when they visit the facility. Iam also glad to see that the complaint was taken seriously and there was a positive outcome, and that they also realized that no one should be discriminated against. We all deserve to be treated equally and fairly. Also the accomodations seem to be reasonable in a sense that they will not have people with disabilities coming in through the back doors or anything of that sense.

Joseph Garcia said...

It’s about time! Just kidding, it’s good to know that these establishments are being changed to accommodate persons with disabilities. I’m not surprised to see that this theatre went without any change for so many years. Nothing is going to happen if no one comes to light and talks about it. It may have taken some time but it was done. Not only is this a visible change in the facility but it is also a change in the right direction. Hopefully more customers will come through the doors and other theatres in the region will notice and adopt those changes as well (if they haven’t already done so.) What I find a little strange is for the theatre having to pay someone more than two thousand dollars in damages to the complainant. I would understand if the person had broken his/her wheelchair or something necessary that was of that amount.

Sergio Cuevas said...

The Playhouse 2000 theatre should have been following the ADA regulations since it was built. It is not until something bad happens with a person with a disability that action is taken. This is the type of issue that needs to be addressed from the very beginning. It is unclear to me why an ADA official or disability rights official did not inspect the theatre when it was first built to see if the ADA regulations were being followed. We need more of these inspections to be mandatory so that problems are avoided. I also wonder what damages the person who filed the complaint faced. He is getting paid $2, 500 in damages, which means a wheelchair was damaged badly perhaps. Not having access to people with disabilities in wheelchair should have been a priority for Playhouse 2000. I believe this opens the eyes of the public and brings awareness of how important it is to consider people with disabilities and follow ADA regulations. If this is not done, a lawsuit may result and a fine will have to be paid. Well done to the person who filed a complaint, and well done to the ADA for following through with this situation.

Anonymous said...

I'm curious as to what the excuse for such as blatant disregard for the ADA
laws. Was the theatre not operational for several years? Either way the lack of
accommodations are inexcusable. In this case a person with disability was able
to take the necessary legal action to make changes. Unfortunately, not all PWD
may have access to legal representation and are left at the mercy of
society/business owners to do the right (and legal) things

Anonymous said...

I'm curious as to what the excuse for such as blatant disregard for the ADA
laws. Was the theatre not operational for several years? Either way the lack of
accommodations are inexcusable. In this case a person with disability was able
to take the necessary legal action to make changes. Unfortunately, not all PWD
may have access to legal representation and are left at the mercy of
society/business owners to do the right (and legal) things

Eleazar Nino Jr said...

Amazing! Here we are nearly twenty years since the passage of ADA, and still many building throughout the country are still not in compliance. I understand there is a provision for unreasonable accommodation, but this is going a bit to far. Theaters historically are wide open spaces, and therefore a natural fit for accommodating people with disabilities. This is clearly just insensitive people thumbing their noses a federal government guideline. Most unfortunate is that this situation ended up in federal court. Surely this matted could have easily been settled at the municipality level. Clearly, the municipalities were behind ignorant act. Thankfully, the outcome was favorable for PWD's and let this be a signal to all other non-complaint facilities. People are watch and paying attention.

Alma Estrada said...

This is very good news!! The best thing about it was they did something about it right away. All it took was just one complain from a consumer. A lot of the times it is a huge process before something gets done. The theater even paid money to the consumer for the damages. The great thing about that is the consumer did not have to go to the extent of a lawsuit. That is definitely a way to keep a consumer. I believe every public place should be made accessible to people with disabilities. And if it is not accessible it should be made accessible. I understand that there are buildings out there that are very old and the ADA did not exist at the time the building was built. However, they should become accessible before they encounter a problem. I have seen older buildings that been renovated and turned out to be accessible.

Anonymous said...

It is good to know that little by little public places like Kerville Theater are following ADA regulations. It does not surprise me that the theater reacted after a client’s complaint. I guess that’s usually the way things are done. What I consider really important is that people with disabilities are going to be able to enjoy cultural events in this theater. This case is an example of the things that can be done when people advocate for their rights.
I. Corbi

Michael Flores said...

The personal benefits of cultural experiences, such as live theater, are proverbial and we advocate on the reputation of its affiliation with “quality of life”. I'm glad that someone spoke out and filed the complaint to bring the theater into compliance with the Americans with Disabilities Act (ADA). Some people decide to pick and choose their battles, often citing that it's not the right time. Some might say that they just don't have enough time in their lives to invest in a lengthy lawsuit. I am compelled to quote Dr. Martin Luther King, “It’s always the right time to do the right thing.” Because one person took the time to speak out and advocate for themselves, as well as others, an entire theater will now be ADA compliant. This is a great victory, because it helps shed light on the continued need for ADA compliance. In addition, this is a victory because everyone (including people with disabilities) in Kerrville, Texas will have complete equal access to the Cailloux Theater.

Cynthia Serrata said...

I am glad to hear that the Cailloux Theater will be undergoing modifications to be more accessible to individuals with disabilities. Everyone should have access to these events. It is a shame when we encounter places in which do not provide people with disabilities the accessibility to experience and participate in events such as this. This is just another example of how people with disabilities cannot be spontaneous. Individuals using wheelchairs for mobility often have to ask in advance if a particular location is wheelchair accessible. In a perfect world, individuals with disabilities would have equal access to all locations and events. Even though the Cailloux Theater will be more wheelchair accessible, the seating options will continue to be limited.

Unknown said...

It's sad to see that people with disabilities still have to face such barriers at this time in our society. This reminds me of how difficult it is for people with disabilities to feel equal in our society when they can't enjoy something as simple as theatre. I'm glad that the DOJ has made a good decision in getting this theatre into compliance.

Danielle Fox said...

I am sorry to hear that a formal complaint had to be made in order for change to come about, but I am happy to hear that the Kerrville theatre is taking the appropriate measures to allow access to people with disabilities. You would think that a theatre would do everything in it's power to provide access to all in an attempt to ensure maximum attendance to plays, concerts, shows, etc... I am surprised to hear that Kerrville, Texas of all places would be in a situation of non-compliance. Not to make fun or light of the situation, but doesn't Kerrville have an older population? I would think that in a town with an older population would be more accessible. Last time I checked, quite a number of the elderly population has a harder time getting around. I would think that this change would have happened some time ago. I guess change is better late than never!

Roel Longoria said...

It is great to see that ADA is making progress as it was meant to be. The only downside of this is that a formal complaint/suit had to bring up such a change but nonetheless way to go to the individual who brought it up to light. From my understanding the theatre itself was built well before ADA came into effect but it is great to see that the owners had no hesitation in modifying their business. I think all businesses regardless of what services they offer should be knowledgeable of ADA requirements and should comply and make modifications for accomodations without any legal actions against them. I'm more than sure that now the theatre has some very pleasant customers, if not some new ones too.

Eliana Mendoza said...

Hurray for ADA! One more step towards progress! I will choose to focus on the bright side of this event. Can we seriously expect everyone to jump aboard immediately when it comes to change? Unfortunately, not so. How will change occur? Exactly this, people with disabilities voicing their rights and concerns and our support and advocacy if needed.

Unknown said...

I'm glad to hear that people with disabilities are speaking up.This is the only way that there will be a change in our society. It is absurd that there are buildings that are not complaint with ADA laws. Our society needs a continuos reminder that people with disabilities need equality to enjoy all the same activities and entertainment as everyone else.
Melchora Gracia

Rosemaly Silva said...

It is good to hear that the theater is complying with the ADA regulations regarding renovation. Each individual with disability has the right to visit any theater of their choice. All business and areas should be ADA approved to meet the needs of people with disability. As our population grows we see more families taking their loves ones out into the community, rather than hiding them behind closes doors as they use to do in the past time. Advocates for people with disabilities are spread their voices and getting the message across that people with disabilities are to be considered as human beings not as monsters. I hope that other have read this article and have learned what exactly can happen if one does not obey the laws and regulation set by ADA.

Perla Peña said...

I'm glad that that the person with a disability filed their complaint. They have every right to be able to enjoy the entertainment that the rest of the community has access to. It is interest to read that the theatre had already undergone alteration in 2003 but did not bother to comply with ADA. I am surprised that city officials would ignore ADA regulations being that they are the owners of the theatre. I am glad that the individual who complained will be paid for the damages because maybe this will encourage more people to file such complaints.

Anonymous said...

Way to go to the city of Kervill and the Cailloux Theater in making those changes in accessability for those pwd's. However, I am sure there are stil thousands of places that will continue to not progress into actively making any renovations or changes to their performing arts properties or buildings until such a complaint be made whether they know the ADA or "do not know". There should be a committe behind this going to differnt towns big/small making obserbations and checking to see that all public places are ADA compliant. Whether it is done or not, we can keep an eye out and check that our favorite places for entertainment or any place we come across is safe and accessible to pwd's. I guess more people with and without disabilities will be enjoying more live shows now in Kervill. :) Hopefully the government keeps this up and continues to help make other buildings accessible.
HB