A Massachusetts wheelchair user and a civil rights organization are suing the city of Worchester, Mass., over allegations that the city-owned DCU Center and adjacent parking garage fail to comply with federal accessibility laws.
Dino Theodore and Access with Success filed the federal suit, which alleges the city-owned arena doesn’t have an adequate amount of wheelchair seating and what it does have isn’t adequately distributed. The suit also claims the Major Taylor parking garage doesn’t have enough accessible parking spaces. Theodore, a lawyer who uses a wheelchair, became aware of the access issues in January 2013 when he attended a motorcycle race with his daughter.
The DCU Center was constructed in 1982, eight years before the landmark Americans with Disabilities Act went into effect. City officials dispute the lawsuit and claim the arena seating, which was installed before 1990, isn’t governed by the ADA. They add that any accessibility issues with the seating will be addressed when that section of arena is renovated.
“We believe a lot of the information in the suit is dated or misstated,” said City Solicitor David M. Moore in the Worchester Telegram and Gazette. “The city is absolutely committed to ADA compliance. It’s not just a legal issue. It’s the city’s philosophy.” The Telegram also reported the city’s own report on accessibility of the center notes many of the same issues in Theodore’s complaint, including that the number of wheelchair-accessible seats isn’t up to modern standards.


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