ADA Requirements: Ticket Sales (2024)

Overview

Providing equal opportunity to people with disabilities is the fundamentalprinciple of the Americans with Disabilities Act (ADA). This publicationprovides guidance on the Department's nondiscrimination requirements thatapply to selling tickets for assigned seats at events such as concerts, plays,and sporting events. The requirements, which are identical for title II and titleIII entities, apply to tickets sold for single events and those sold for a series ofevents (e.g., subscriptions or season tickets).

The requirements address:

• Ticket sales;
• Ticket prices;
• Identification of available accessible seating;
• Purchasing multiple tickets;
• Ticket transfer;
• Secondary ticket market;
• Hold and release of tickets for accessible seating; and
• Prevention of fraud in purchase of tickets for accessible seating.

In the past, some public and private venues, ticket sellers, and distributors didnot provide the same opportunity to purchase tickets for wheelchair-accessible seats and non-accessible seats. The general public was able todirectly and immediately purchase tickets for non-accessible seats, whetherthrough a venue's Internet site or its box office, or through a third-partyInternet based vendor. However, these direct purchase options wereunavailable to many individuals with disabilities because transactionsfrequently could not be completed. Instead the purchaser was directed tosend an e-mail or to call a separate telephone number to request tickets andwait for a response. These policies may still exist, making it difficult orimpossible for those who require accessible seats to purchase tickets,especially for popular events that sell out in minutes. Venues that sell ticketsfor assigned seats must implement policies to comply with the ticketingrequirements.

What is an Accessible Seat and Who Can Use One?

Accessible seats are spaces specifically designed for wheelchairs and include features such as an accessible approach, location at grade, clear floor space, and larger dimensions.For information about thenumber, dimensions, and features of accessible seats, please see the 2010ADA Standards for Accessible Design (2010 ADA Standards), sections 221and 802.

Aisle seats with retractable or removable armrests, which are called"designated aisle seats" and can be used by some people with disabilities, arenot covered by these ticketing requirements.

People with mobility disabilities who require accessible seating because oftheir disability are permitted to purchase tickets for accessible seats. Thisgroup includes people who use wheelchairs, those who use other mobilitydevices, and people who cannot climb steps or walk long distances becauseof significant arthritis or severe respiratory, circulatory, or cardiac conditions.Individuals who have a disability that requires use of the accessible featuresthat are provided in accessible seating are also permitted to purchaseaccessible seats, including people who cannot sit in a straight-back chair or those whose service dogs cannot fit under a non-accessible seat or lie safely in the aisle. Tickets for accessible seats may be sold to individuals whor*quire accessible seating themselves or to someone purchasing on theirbehalf. People who do not fall within the categories above but merely have apreference for accessible seating are not entitled to purchase accessibleseats.

Ticket Sales

Venues are required to sell tickets for accessible seats in the same manner and under the same conditions as all other ticket sales.

Tickets for accessible seats must be sold:

• during the same hours;
• through the same methods of purchase (including by telephone, on site,through a website, or through third-party vendors); and
• during the same stages of sales (pre-sales, promotions, general sales,wait lists, or lotteries) as non-accessible seats.

When a venue provides tickets to a third-party ticket vendor, includingInternet-based vendors, the venue must include comparable tickets foraccessible seats. Once third-party ticket vendors acquire tickets for accessibleseats, they are obligated to sell them in accordance with the Department'sADA requirements. If the venue fails to provide any tickets for accessibleseats, the third-party vendor may, but is not required, to contact the venue toobtain tickets for accessible seats. Similarly, if the venue provides unsoldtickets to a "discount" or "half price" ticket outlet, it must also provide ticketsfor accessible seats, if such seats are available.

Ticket Prices

Venues cannot charge higher prices for accessible seats than for non-accessible seats in the same seating section.This concept also applies toservice charges added to the cost of a ticket, whether charged by the venue or a third-party seller. Venues must generally offer accessible seats in all pricecategories available to the public.

Many existing facilities may not have accessible seating in all price categoriesbecause of existing architectural barriers. Under the ADA, a publicaccommodation venue must remove such architectural barriers where doingso is readily achievable. What is readily achievable ("easily accomplishableand able to be carried out without much difficulty or expense") depends on thevenue's architectural structure and resources. A public entity venue generallymust make its programs, services, and activities accessible to individuals withdisabilities, such as by providing accessible seating, unless it candemonstrate that doing so would result in a fundamental alteration or in unduefinancial and administrative burdens. In those situations where accessibleseating is not available because of inaccessible features or it is not readilyachievable to remove the barriers in a part of an arena or auditorium, thevenue must offer a proportional number of seats in an accessible location atthe same price. The ratio of the total number of seats in the non-accessibleprice level to the total number of seats in the venue is used to determine thenumber of accessible seats that must be provided in an accessible location.

For example, Sections 221.1 and 221.2 of the 2010 ADA Standards require a1000-seat venue to have 10 wheelchair-accessible seats dispersedhorizontally and vertically. The venue, built in 1980, has 200 seats in itsinaccessible upper balcony where tickets are generally priced at $50. Thetotal number of seats in the venue divided by the total number of seats in theupper balcony (1,000 divided by 200) is 20 percent. The venue must relocate20 percent of its required accessible seating (in this instance, two seats) to anaccessible location at the $50 price level (for individuals with disabilities andtheir companions). These seats must be in a comparably priced or betterlocation. The venue cannot relocate the $50 accessible seats to a sectionwhere the tickets cost less than $50.

Identification of Available Accessible Seating

Venues and third-party sellers must provide the same information about accessible seats as provided about non-accessible seats, using the same text and visual representations. Typically information about location, price, view, and seat availability is provided. Accessible seats must bedescribed in enough detail to permit the purchaser to determine if a seatmeets his or her needs. If a venue has detailed maps or displays of seatingconfigurations on its website or if it provides seating information in itspamphlets or brochures, including information for particular events or shows, itmust include information on accessible seating in the same detail as isprovided on non-accessible seating.

Purchasing Multiple Tickets

People purchasing a ticket for an accessible seat may purchase up to three additional seats for their companions in the same row and these seats must be contiguous with the accessible seat.Accessible seats maybe used as companion seats. If contiguous seats have already been sold andare not available, the venue must offer other seats as close as possible to theaccessible seat. If those seats are in a different price category, the venue isnot required to modify the price and may charge the same price as it chargesothers for those seats.

Where a venue limits ticket sales to fewer than four tickets to the generalpublic, those limits also apply to tickets for accessible seats. Similarly, when avenue allows the purchase of more than four tickets, that policy also applies totickets for accessible seats, but only three companion seats must becontiguous with the accessible seat.

Group Sales

Many venues offer a group sales rate for groups of a pre-determined size. If a group includes one or more individuals who need accessible seating, the entire group should be seated together in an area that includes accessible seating.If it is not possible to seat the entire grouptogether and the group must be split, the tickets should be allocated so thatthe individuals with disabilities are not isolated from others in their group.

Hold and Release of Tickets for Accessible Seating

Generally, tickets for accessible seats may not be sold to members of the general public who do not need the specific features of accessible seats.However, in three specific circ*mstances, unsold accessible seats maybe released and sold to members of the general public:

• when all non-accessible seats have been sold (excluding luxury boxes,club boxes, suites, and seats the venue holds back when declaring asell-out); or
• when all non-accessible seats in a particular seating section have beensold, unsold accessible seats in that section may be released; or
• when all non-accessible seats in a particular price category have beensold, unsold accessible seats in that price category may be released.

Venues are not required to release accessible seats and may choose to holdback all or a portion of the remaining accessible seats.

Accessible seats for a series, subscription, or season tickets may be sold tomembers of the general public in the same three circ*mstances – in the caseof a sell-out of all non-accessible seats, of all non-accessible seats in aparticular seating location, or all non-accessible seats in a particular pricecategory. However, in order to avoid foreclosing the availability of accessibleseating for years in the future, venues must set up a process to preventautomatic renewal of accessible seats that have been sold to the generalpublic. One way venues can accomplish this result is by advising an individualticket purchaser who is receiving accessible seating, at the time of purchase,that, whenever other patrons in non-accessible seats fail to renew theirsubscriptions, the venue will only allow this particular individual to renew byswitching that individual to non-accessible seats in the same section or pricelevel. Of course, if no comparable non-accessible seats become available, thevenue may, but is not required to, continue to allow this individual to renew theuse of the accessible seats until comparable seats become available.

Ticket Transfers and Secondary Ticket Market

If venues permit patrons to give or sell their tickets to others, the same right must be extended to patrons with disabilities who hold tickets for accessible seats and to persons with disabilities who intend to buy or receive tickets on the secondary ticket market.An individual with adisability who has a ticket for an accessible seat may transfer it to anyone,including someone who does not have a disability. Venues cannot require thataccessible seats only be transferred to someone with a disability.

An individual who has purchased a non-accessible seat through thesecondary market but needs an accessible seat must be permitted toexchange the ticket for a comparable accessible seat, if one is available. Avenue may choose to move a patron to another seat in order to give thataccessible seat to a patron with a disability who requires it, but is not obligatedto do so.

Prevention of Fraud in Purchase of Tickets for Accessible

Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats.However, venues and third-party vendors maytake steps to prevent the fraudulent sale and use of accessible seating. Forsingle event tickets, venues may ask purchasers to state that they have adisability that requires, or they are purchasing tickets for someone who has adisability that requires, the features of an accessible seat. For series of eventstickets, purchasers may be asked to attest in writing that they have a disabilitythat requires or they are purchasing tickets for someone who has a disabilitythat requires, the features of an accessible seat. These steps may be used inall sales, including those over the Internet. Venues may also mark tickets toclearly identify that they are for accessible seats. Some venues include ontickets for accessible seats a message stating that, if the user of the ticketdoes not need the specific features of the accessible seat, the venue mayrequire the ticket holder to move to a different, non-accessible seatinglocation.

Venues may investigate the potential misuse of accessible seats where thereis good cause to believe that such seating has been purchased fraudulently. Purchasers may also be warned that if accessible seating has beenpurchased fraudulently, they are subject to investigation and/or relocation.Providing additional information about the features of other types of seats(e.g., seats that can be accessed without steps, designated aisle seats, orseats located close to exits) may assist patrons to determine which type ofseat meets their specific needs. Venues should not, however, use thisprocess to steer patrons with disabilities to particular seat types or locations.

Staff Training

A critical and often overlooked component of ensuring successful compliance is comprehensive and ongoing staff training. You may have established good policies, but if your staff are not aware of them or do not know how to implement them, problems can arise.Venues of all sizes are strongly encouraged to educate venue managers, box office staff,individuals answering phones or responding to Internet inquiries, and anyother staff involved in ticket sales about the ADA's requirements. Other paid orvolunteer staff who interact with the public (e.g., ushers, event security)should also be trained. Ticket distributors and third-party ticket vendors arealso strongly encouraged to provide ongoing training to their staff about theserequirements.

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For persons with disabilities, this publication is available in alternate formats.

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department’s regulations.

This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Department’s complete discretion, in accordance with applicable laws. The Department’s guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.

Duplication of this document is encouraged.

Originally issued: July 01, 2011

Last updated: February 28, 2020