U.S. v. Hoyts Cinemas Corp., CIV.A. 00-12567-WGY.

• Decision Date: 31 March 2003
• Docket Number: No. CIV.A. 00-12567-WGY.,CIV.A. 00-12567-WGY.
• Citation: 256 F.Supp.2d 73
• Parties: UNITED STATES of America, Plaintiff, v. HOYTS CINEMAS CORP., and National Amusements, Inc., Defendants.
• Court: U.S. District Court — District of Massachusetts

256 F.Supp.2d 73

UNITED STATES of America, Plaintiff, v. HOYTS CINEMAS CORP., and National Amusements, Inc., Defendants.

No. CIV.A. 00-12567-WGY.

United States District Court, D. Massachusetts.

March 31, 2003.

Michael J. Pineault, Eugenia M. Carris, United States Attorney's Office, John Joseph Moakley Federal Courthouse, Boston, MA, for Plaintiff.

John T. Haggerty, Law Offices of John T. Haggerty, Charlestown, MA, Michael J. Malone, Paul Straus, Deborah S. Burstein, Leslie J. Arnold, Patricia A. Griffin, R. Colby Allsbrook, King & Spalding, New York, NY, James R. Carroll, David S. Clancy, Skadden, Arps, Slate, Meagher & Flom, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

This case concerns stadium-style movie theaters and the seating to which wheelchair-bound people have access. The Government has brought suit against two major movie theater chains, charging that certain of their movie theaters deny wheel-chair-bound people access to stadium-style seats.

Specifically, the Government has brought suit under 42 U.S.C. § 12188(b)(1)(B) against National Amusements, Inc. ("National Amusements") and Hoyts Cinemas Corporation ("Hoyts"), (collectively "the Cinemas"), alleging that the Cinemas are in violation of Title III of the Americans With Disabilities Act (the "ADA"), 42 U.S.C. §§ 12181-12189. Compl. ¶ 1 [Docket No. I].¹ The Government alleges that the Cinemas constructed and now operate stadium-style theaters that deny persons who use wheelchairs equal access to the stadium section. Id. ¶ 2-3. National Amusements and Hoyts are both Massachusetts corporations. Hoyts' Statement of Undisputed Material Facts in Support of Motion for Summary Judgment ("Hoyts' Statement") [Docket No. 114] ¶ 1.; National Amusements' Statement of Undisputed Material Facts Pursuant to Local Rule 56.1 ("National Amusements' 56.1 Statement") [Docket No. 105] ¶ 1. Since 1997, National Amusements has designed, constructed, and operated thirty-two stadium-style motion picture complexes in the United States, at least six of which are located in Massachusetts. Government's Affirmative Statement of Relevant Facts ("Gov't's Affirmative Statement") [Docket No. 128], ¶¶ 66, 69; National Amusements' 56.1 Statement ¶ 4. During this same period, Hoyts has designed, constructed and now operates over twenty-five stadium-style motion picture complexes in the United States, at least three of which are located in Massachusetts. Compl. ¶¶ 2, 10; Hoyts' Statement ¶ 16. Although not all of the theaters involved are specifically referenced in the Government's Complaint, over 500 individual movie theaters—sometimes referred to as auditoriums—are at issue in this litigation (National Amusements—approximately 284; Hoyts—approximately 223). Gov't.'s Affirmative Statement ¶ 78-79, 119; National Amusements' 56.1 Statement ¶ 4; Hoyts' Statement ¶ 16.

I. Background

A. Procedural History

The Government originally brought a suit against Hoyts, No. Civ A. 00-12567-WGY and a suit against National Amusements, No. Civ.A.00-12568-WGY. The two complaints were almost identical in substance. On June 13, 2001 this Court consolidated the two separate civil actions under docket number Civ.A.00-12567-WGY, which named both parties as co-defendants. The Complaint set forth two counts, one of which (Count II) this Court dismissed on August 22, 2001. United States v. National Amusements, Inc., 180 F.Supp.2d 251, 262 (D.Mass.2001). The remaining Count (Count I) alleges that the Cinemas has violated section 303(a)(1) of the ADA, 42 U.S.C. § 12183(a)(1), and its implementing regulation, (including section 4.33.3 of the ADA Accessibility Guidelines) by failing to design and construct stadium-style movie theaters that are readily accessible to, and usable by, individuals with disabilities requiring them to use wheelchairs. Compl. ¶ 20. The Government has asked this Court for declaratory, injunctive, and remedial relief and to assess a civil penalty against Cinemas. National Amusements' Compl. ¶ A-F. With regard to injunctive relief, the Government seeks it both retroactively and prospectively. Id. ¶ C-D. In June of 2002, the Cinemas moved for summary judgment. See National Amusements' Motion and Memorandum in Support, [Docket Nos. 103 & 104], and Hoyts' Motion and Memorandum in Support, [Docket Nos. 112 & 113]. On September 12, 2002, the Court heard oral argument on the Cinemas' motion.

B. Summary Judgment Standard

Rule 56(c) of the Federal Rules of Civil Procedure mandates entry of summary judgment against a party who fails to demonstrate a genuine issue as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The entry of summary judgment can only be avoided if the facts in dispute are "material," that is, the dispute must be "over facts that might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The movant, however, is not required to make an affirmative showing that there are no material facts in issue. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Instead, the movant only has to show an "absence of evidence to support the nonmoving party's case." Id. Furthermore, "[o]n issues where the nonmovant bears the ultimate burden of proof, he must present definite, competent evidence to rebut the motion." Mesnick v. General Electric Co., 950 F.2d 816, 822 (1st Cir. 1991).

C. Statutory Framework: The ADA and Section 4.33.3

1. The Americans With Disabilities Act

The ADA was passed on July 26, 1990. Congress promulgated the ADA based upon factual findings that the disabled suffered from discrimination, isolation, segregation, and lack of physical access to certain services and facilities. 42 U.S.C. § 12101(a)(1)-(3),(5). Congress found that the disabled were often politically powerless and were left without legal recourse to remedy discrimination against them. 42 U.S.C. § 12101(a)(4), (7). Congress also found that discrimination against the disabled left them "severely disadvantaged socially, vocationally, economically, and educationally," and denied them the opportunity to achieve independent living and economic self-sufficiency. 42 U.S.C. § 12101(a)(6), (8), (9).

Title III of the ADA, 42 U.S.C. §§ 12181-12183, prohibits discrimination against the disabled by public accommodations. The ADA defines "public accommodations" to include privately-owned commercial entities such as movie theaters. 42 U.S.C. § 12181(2), (7)(C). Section 302 of the ADA generally provides that no place of public accommodation may discriminate against an individual based on their disability:

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

42 U.S.C. § 12182(a) (emphasis added). Section 302 also prohibits places of public accommodation from denying disabled individuals the opportunity to "participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity." 42 U.S.C. § 12182(b)(1)(A)(i) (emphasis added). In addition, the ADA defines discrimination against the disabled to include circumstances in which an entity enables handicapped individuals "to participate in or benefit from a good, service, privilege, advantage, or accommodation that is not equal to that afforded to other individuals", 42 U.S.C. § 12182(b)(1)(A)(ii), and when an entity provides disabled persons "with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual ... [an] opportunity that is as effective as that provided to others." 42 U.S.C. § 12182(b)(1)(A)(iii). Finally, Section 302 mandates that settings for individuals with a disability be integrated as much as possible: "Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual." 42 U.S.C. § 12182(b)(1)(B) (emphasis added).

The Government has alleged, and it is not disputed, that the Cinemas have designed and constructed movie theaters for first occupancy since 1997—well over thirty months after the passage of the ADA (July 26, 1990).² Compl. ¶ 2. As such, the movie theaters in this case are governed by Section 303(a), which regulates the construction of "new" facilities as opposed to existing buildings,³ and defines discrimination as:

[A] failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter.

42 U.S.C. § 12183(a)(1) (emphasis added).

To help implement the ADA correctly, the Attorney General was instructed to issue regulations to carry out its provisions no later than one year after its enactment. Id. 42 U.S.C. § 12186(b). The Architectural and Transportation Barriers Compliance Board, ("the Access Board"), was also instructed to issue minimum guidelines to supplement the ADA within nine months of the ADA's passage. 42 U.S.C. § 12204(a). The Attorney General's regulations must be consistent with the Access Board's minimum guidelines and requirements. 42 U.S.C. § 12186(c).

Pursuant to sections 306 and 504 of the ADA, the Attorney General and the Access Board—after a period of notice and comment—issued regulations and guidelines for assembly seating facilities such as movie...