Feds join disabled in U-M stadium suit

Marisa Schultz / The Detroit News

Lawyers for the U.S. Department of Justice will head to court today to join a group of disabled veterans in their lawsuit against the University of Michigan, alleging U-M is breaking federal law by providing insufficient seating for disabled patrons at the university's football stadium.

"Attending football games is a key element of campus life at the University of Michigan, both for students and alumni," Rena J. Comisac, acting assistant attorney general for the Justice Department's Civil Rights Division, said in statement Tuesday. "We seek to ensure that the university's iconic football stadium -- the largest stadium in the United States -- has the accessible seating and amenities that federal law requires."

U-M leaders, who have adamantly insisted Michigan Stadium meets Americans With Disabilities Act guidelines, said the university has been working in good faith to resolve the accessibility concerns that climaxed last month when the U.S. Department of Education issued a report citing widespread accessibility violations at the Big House.

"The University of Michigan is disappointed that the Department of Education has declined to negotiate a resolution to our differences and has instead elected to refer their complaint to the Department of Justice," said U-M spokesman Kelly Cunningham.

Lawyers for U-M, the Michigan Paralyzed Veterans of America and the U.S. Justice Department are expected in U.S. District Court in Detroit today for a status conference on the case before Judge Sean F. Cox.

"We now have the United States of America on our side," said Richard Bernstein, attorney for veterans group, which sued the university in April over accessibility concerns at the stadium. "It's pretty powerful."

The Big House, as the stadium is commonly known, has 88 wheelchair seating areas and a capacity of more than 107,000. The veterans contend the law calls for 1 percent of all seating -- or more than 1,000 seats -- to be accessible for disabled patrons.

The Justice Department action was a last resort, federal officials say, after mediation attempts with the university have failed. The Department of Education had been negotiating with U-M outside court -- threatening court action and withdrawal of federal funds -- but turned the case over to the Justice Department on Tuesday to compel enforcement.

U-M "discriminated and continues to discriminate" against wheelchairs users, according to the federal motion to intervene.

"This case involves an important and complex issue, the accessibility of the university's renowned football stadium amid allegations that the university denies access to the stadium to this country's paralyzed veterans and other disabled individuals," federal lawyers said in court papers.

Following an eight-year investigation, the Education Department's civil rights office released findings last month that said the stadium violates federal accessibility laws because it doesn't provide enough wheelchair seating; it doesn't have disabled seating dispersed throughout the stadium because all the seats are in the end zones; doesn't provide accessible toilets, concession stands, souvenir shops or parking.

U-M strongly disputes the findings and legal conclusions of the federal report and remained steadfast that it is in full compliance with the law.

But following pressure from disabled veterans, faculty and the feds, U-M proposed a plan Monday to increase wheelchair seating from 88 to 592 by 2010.

Under their proposal, U-M would create 295 additional wheelchair seats, by installing portable platforms around the seating bowl that could be removed seasonally based on demand. The effort would start with four platforms by the start of the 2008 season for 28 new seats. The remainder of the platforms would be installed no later than 2010, officials said.

Also, U-M would add 207 wheelchair seats in its new $226 million expansion project slated to begin this fall. The new plan also calls for luxury boxes and club seats.

The veterans called the proposal unacceptable since it wouldn't bring the total number of wheelchair seats up to 1 percent of the bowl, among other concerns. The Department of Education on Tuesday notified U-M that it wouldn't accept the offer.

"This follows a number of months in which the Office for Civil Rights (OCR) attempted to engage the University of Michigan to voluntarily resolve this matter," Samara Yudof, press secretary for the Department of Education, said in a statement.

U-M said it will move forward with 207 wheelchair spaces in the expansion project and 28 new seats in the bowl by 2008. After next season, U-M will assess demand for wheelchair seating and do what is necessary to assist patrons, officials said.

"We will accommodate every ticket holder as we always have in the past and we'll continue to offer accommodation to our patrons who require wheelchair seating," Cunningham said.

In addition to its request to join the veterans' lawsuit, the Justice Department also filed an emergency motion Tuesday asking the court to permit them to inspect Michigan Stadium on Dec. 1.

"Of immediate concern is that the United States have the opportunity to conduct a week-long survey of the stadium by its architect before the university begins demolishing any of the structure of the stadium potentially spoiling evidence," according to the motion.

Detroit News Staff Writer Paul Egan contributed to this report.