The Cubs scored a win in Chicago federal court docket Wednesday after a choose dominated the $1 billion, multiyear renovation of Wrigley Field, which dramatically up to date the century-old ballpark, didn’t violate accessibility necessities for wheelchair-bound followers.
The determination follows a one-week April trial, and comes almost six years after Chicago legal professional David A. Cerda filed a lawsuit in opposition to the group on behalf of his son, David F. Cerda, a lifelong Cubs fan who’s confined to a wheelchair attributable to muscular dystrophy. The lawsuit alleged the intensive Wrigley rebuild didn’t present sufficient accessible seating to adjust to the Americans with Disabilities Act.
Wrigley Field, which has 39,510 seats, is required to have no less than 209 accessible seats, in accordance with ADA requirements. The choose dominated the Cubs hit the magic quantity — with no less than one seat to spare.
There “are at least 210 accessible seats at Wrigley Field — one more than the required minimum,” U.S. District Judge Jorge Alonso wrote in his determination. “Although Plaintiff’s situation is unfortunate, he fails to prove that the Defendant violated the ADA.”
Cerda, who attended Cubs video games together with his son, now 26, since he was 3 months outdated, tried the case himself, and mentioned he plans to enchantment the choice.
“I’m shocked and very disappointed,” Cerda mentioned Thursday.
Launched in 2014 — 100 years after Wrigley held its first opening day — the 1060 Project befell in phases over 5 years. The intensive renovation included a bleachers growth, outfield video boards, an expanded grandstand concourse, new restrooms and different facilities. It additionally designated 225 seats as accessible.
An area and nationwide landmark, Wrigley Field was beforehand exempted from sure ADA seating necessities. But the extent of the renovations required the Cubs to adjust to 2010 ADA requirements for wheelchair seating areas which can be “substantially equivalent to, or better than, the choices of seating locations and viewing angles available to other spectators.”
In his 2017 lawsuit, Cerda alleged lots of the accessible seats had been among the many “worst views” within the ballpark, too small, not correctly dispersed and relegated disabled patrons to remoted areas. The choose, who visited Wrigley Field throughout the April trial, took a distinct view of the ballpark’s accessible seating.
“The site visit impressed upon the Court the variety of locations and views on offer for patrons who require accessible seating, as well as that ‘friendly confines’ feeling that is unique to Wrigley Field,” Alonso mentioned in his ruling.
Cubs spokesperson Julian Green mentioned in a press release that the group was “grateful for today’s decision and its validation of our belief we followed accessibility guidelines throughout the 1060 Project.”
The Cubs nonetheless face authorized challenges to Wrigley’s ADA compliance. Last 12 months, the U.S. legal professional’s workplace in Chicago filed a lawsuit alleging the group did not make Wrigley “appropriately accessible” to followers who use wheelchairs or produce other disabilities. That lawsuit is ongoing in Chicago federal court docket.
Cerda additionally plans to convey his case into further innings by submitting an enchantment inside 30 days.
“We’re confident that this will be overturned, confident that this should be overturned,” mentioned Cerda, 62.
An apostate Cubs fan, Cerda sat together with his son some 15 rows behind residence plate for a few years. Those seats had been moved farther away from the sphere throughout the course of the renovation, Cerda mentioned.
After tangling with the group in court docket, the senior Cerda deserted the Cubs in 2019, diverging together with his son.
“I will never go to another Cubs game as long as I live,” Cerda mentioned. “The plaintiff is continuing to go to Cubs games.”
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Source: www.bostonherald.com