Case: 1:22-cv-03639 Document #: 1 Filed: 07/14/22 Page 1 of 19 PageID #:1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA, )

)
Plaintiff, )
)
v. )
No. 22 C 3639
)
CHICAGO BASEBALL HOLDINGS, LLC, )
Jury Trial Demanded
WRIGLEY FIELD HOLDINGS, LLC, WF )
MASTER TENANT, LLC, and CHICAGO )
CUBS BASEBALL CLUB, LLC, )
)
Defendants. )

COMPLAINT

The United States of America, by its attorney, John R. Lausch, Jr., United States Attorney

for the Northern District of Illinois, alleges as follows:

Introduction

1. This is a disability rights enforcement action by the United States against the

owners and operators of the Wrigley Field facility—Chicago Baseball Holdings, LLC, Wrigley

Field Holdings, LLC, WF Master Tenant, LLC, and Chicago Cubs Baseball Club, LLC (referred

to collectively in this complaint as “the Cubs”)—based on their failure to ensure that recent

additions and alterations at Wrigley Field are readily accessible to and usable by individuals with

disabilities, as required by Title III of the Americans with Disabilities Act of 1990, as amended,

42 U.S.C. §§ 12181-89, as well as Title III’s implementing regulation, 28 C.F.R. Part 36, and that

the facility is otherwise operated in compliance with the ADA. The United States seeks

declaratory, injunctive, and monetary relief to remedy these violations of the ADA.

2. As discussed further below, the Cubs recently completed a multi-year renovation,

rehabilitation, expansion, and reconstruction of Wrigley Field known as “the 1060 Project” (after
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Wrigley Field’s West Addison Street address). Although this project significantly enhanced the

gameday experience for many fans, particularly those able to take advantage of premium clubs

and other luxury accommodations, the same cannot be said for fans with disabilities. To the

contrary, and throughout the 1060 Project, the Cubs removed the best wheelchair seating in the

stadium, failed to incorporate wheelchair seating into new premium clubs and group seating areas,

designed and constructed wheelchair seating in the last row of general admission areas that does

not meet the requirements of the ADA Standards for Accessible Design, and failed to remove

architectural barriers to access in unaltered portions of Wrigley Field where it was readily

achievable to do so. This all occurred even though the Cubs rebuilt much of Wrigley Field as part

of the 1060 Project and thus had ample opportunity and a significant ADA obligation to

incorporate wheelchair seating and other accessible elements into and throughout the new and

improved facility.

Jurisdiction and Venue

3. The court has subject matter jurisdiction over this ADA action under 28

U.S.C. §§ 1331 and 1345.

4. The court may grant the relief requested in this action under 42 U.S.C.

§ 12188(b)(2), as well as 28 U.S.C. §§ 2201 and 2202.

5. Venue is proper in this district under 28 U.S.C. § 1391(b) because the defendants

reside in this district, the acts and omissions occurred in this district, and the property that is the

subject of the action (Wrigley Field) is located in this district as well.

Parties

6. The plaintiff is the United States of America. The United States, through the

Department of Justice, is authorized to enforce the ADA under 42 U.S.C. § 12188(b)(1)(B).

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7. Defendant Wrigley Field Holdings, LLC is a limited liability company that owns

Wrigley Field.

8. Defendant WF Master Tenant, LLC is a limited liability company that leases

Wrigley Field from Wrigley Field Holdings, LLC.

9. Defendant Chicago Cubs Baseball Club, LLC is a limited liability company that

subleases Wrigley Field from WF Master Tenant, LLC.

10. Defendant Chicago Baseball Holdings, LLC is a limited liability company that

owns Chicago Cubs Baseball Club, LLC, Wrigley Field Holdings, LLC, and WF Master Tenant

LLC (through its parent company).

11. All four defendants are covered entities for purposes of Title III of the ADA

because they own, operate, and/or lease Wrigley Field, a place of public accommodation, and they

designed and constructed and made alterations to the Wrigley Field facility in connection with the

1060 Project. 42 U.S.C. §§ 12182(a), 12183; 28 C.F.R §§ 36.201(a), Subpart D.

12. Wrigley Field is a place of public accommodation within the meaning of Title III

because its operations affect commerce and it is a “stadium, or other place of exhibition or

entertainment,” as well as a “place of public gathering.” 42 U.S.C. § 12181(7)(C), (D); 28 C.F.R.

§ 36.104.

Factual Background

I. The 1060 Project

13. Wrigley Field is a Major League Baseball stadium on the north side of Chicago.

Originally opened in 1914, it has been the home of the Cubs since 1916 and is the second-oldest

ballpark in the major leagues (behind Fenway Park in Boston).

14. As currently constituted, Wrigley Field is divided into three general seating areas:

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(1) the bleachers (located in the outfield in the so-called 500 level), (2) the lower grandstand

(located behind home plate and down the first and third base lines in the 10, 100, and 200 levels),

and (3) the upper deck (located directly above the lower grandstand in the 300 and 400 levels). A

map showing these seating areas is attached as Exhibit A.

15. Beginning after the 2014 season, the Cubs embarked on what they have described

as a “long-awaited restoration and expansion of Wrigley Field,” intended “to ensure the viability

of the ballpark for future generations of Cubs fans, while preserving the beauty, charm and historic

features fans have come to know and love.” 1 This 1060 Project involved the expenditure of

hundreds of millions of dollars to repair and reinforce Wrigley Field’s structural supports, add new

player facilities, enhance fan amenities, and expand seating options in the bleachers and the

grandstand. The changes made to the facility in connection with the 1060 Project were subject to

the ADA’s requirements for design, construction, and alterations. 42 U.S.C. § 12183(a)(1)-(2); 28

C.F.R. Part 36, Subpart D.

16. A key component of the 1060 Project was the addition of porches and group seating

areas in the left and right field bleachers (the “LG Porch” and “Hornitos Hacienda” in left field

and the “Right Field Porch” and the “Budweiser Patio” in right field), as well as four new premium

clubs (reserved, premium areas) in the grandstand: the “American Airlines 1914 Club” (located

behind home plate in the lower grandstand), the “Maker’s Mark Barrel Room” (located down the

first base line in the lower grandstand), the “W Club” (located down the third base line in the lower

grandstand), and the “Catalina Club” (located behind home plate and below the press box in the

upper deck).

1
1060 Project, https://www.mlb.com/cubs/ballpark/1060-project/vision/overview.
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17. A map showing the locations of new premium clubs and group seating areas is

attached as Exhibit B. The four premium clubs in the grandstand offer indoor restaurants, bars,

and other amenities, as well as outdoor club seating for purposes of watching the game.

18. To facilitate these extensive additions, the Cubs rebuilt a sizable portion of the pre-

existing Wrigley Field facility. In particular, the Cubs demolished and then reconstructed the left

and right field bleachers shortly after the project began. Below are photographs showing the

outfield bleachers during and after construction:

Outfield bleachers during construction

Outfield bleachers after construction

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19. The Cubs also tore most of the lower grandstand down to the dirt before rebuilding

that area of the stadium as well. Below are photographs showing the lower grandstand during and

after construction:

During construction behind home plate During construction down first and third base lines

Lower grandstand after construction

II. Reduced Accessibility at Wrigley Field

20. The 1060 Project has had a significant adverse impact on individuals with

disabilities and their ability to access Wrigley Field. As discussed further below, this reduced

accessibility at the stadium relates both to wheelchair seating and non-seating elements.

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A. Wheelchair Seating

21. Wrigley Field currently has wheelchair seating in its three general seating areas: (1)

the bleachers, (2) the lower grandstand (consisting, front to back, of the “club,” “field,” and

“terrace” sections), and (3) the upper deck. A map showing the locations of current and planned

wheelchair seats at Wrigley Field is attached as Exhibit C (the yellow circles identify the

wheelchair seats that the Cubs say they plan to add in the future). In this context, a wheelchair

seat is a space for a wheelchair, as well as a seat (typically a folding chair) for one companion.

1. Bleachers

22. As indicated in Exhibit C, general admission wheelchair seats are currently found

in four locations in the bleachers. Many of these wheelchair seats are located in the last row of the

bleachers on newly constructed porches (the LG Porch and the Right Field Porch), rather than on

the main bleacher concourse level, which is farther forward and closer to the field.

23. This was not the case before the 1060 Project. Wrigley Field previously had 15

general admission wheelchair seats with excellent, unobstructed views over standing spectators on

the main bleacher concourse in right field, but the Cubs eliminated those wheelchair seats during

the 1060 Project by converting that space into the Budweiser Patio, a group seating area.

Wheelchair users can sit inside the Budweiser Patio, but only if they are part of a group that has

rented the space. Group seating is typically more expensive per person than general admission

seating, mainly because food and drinks are included in the ticket price.

24. As currently constructed, therefore, the only general admission wheelchair seats on

the main bleacher concourse are three seats in Sec. 501 in the corner of left field, and 16 seats in

the “Batter’s Eye” area in center field. But Sec. 501 is sometimes used for television cameras,

rather than wheelchair seating, or as standing room for other fans, as shown below.

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25. Additionally, the Batter’s Eye area (shown below) is covered by a mesh tarp, has

tinted glass, is segregated from other bleacher fans, often gets abnormally hot in the summer, and

has been the subject of numerous complaints from wheelchair users.

26. The Cubs’ decision to cluster wheelchair seats on the porches not only isolates

wheelchair users from other fans and confines them to the worst seats in the bleachers—it also
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inhibits their ability to watch the game. This is because the wheelchair seats on the porches were

not constructed to provide lines of sight to the field over standing spectators. Instead, these

wheelchair seats rely on a policy (supposedly enforced by ushers) that discourages but does not

preclude bleacher fans from sitting and standing in the two rows immediately in front of the

wheelchair spaces (essentially, the two rows are roped off, but the seats remain, so ambulatory

spectators can move into the area and block wheelchair users’ views). There are also instances of

drink rails on the porches that impede wheelchair users’ ability to see the field.

27. The newly constructed Hornitos Hacienda group seating area in left field does not

have any wheelchair seats or an accessible route allowing wheelchair users to reach the space. An

older club constructed in 2005, the “Fannie May Bleacher Sweet” in center field, does not have an

accessible route either.

2. Lower Grandstand

28. The lower grandstand area of the stadium contains no wheelchair seats located

closer to the field than the “cross-aisle” between the 100 and 200 levels. The cross-aisle runs

horizontally from foul pole to foul pole and is about halfway between the front row and the last

row in the lower grandstand. (The cross-aisle is shown in the bottom photo in paragraph 19, above.

There are two horizonal aisles shown; the cross aisle is the one farther from the field, just below

the upper deck.)

29. The Cubs decided not to put wheelchair seating closer to the field than the cross-

aisle despite adding the 1914 Club, the Maker’s Mark Barrel Room, and the W Club as part of the

1060 Project, meaning that wheelchair users do not have access to these club areas.

30. Indeed, ambulatory members of the 1914 Club are able to watch the game from

club seating located in the first seven rows directly behind home plate. Ambulatory members of

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the Maker’s Mark Barrel Room and the W Club similarly have access to front-row and other club

seating located close to the field down the first and third base lines (the first seven rows for the

Maker’s Mark Barrel Room, and the first twelve rows for the W Club).

31. By contrast, club members who use wheelchairs do not have access to any of this

seating. Although wheelchair users are able to access the indoor restaurants and bars associated

with these three lower grandstand clubs (which are located underneath the seating bowl), they can

only watch the game on the cross-aisle between the 100 and 200 levels of the grandstand. This

wheelchair seating is located far behind the club seating available to ambulatory members of each

of these clubs (about 20 rows behind the last row of club seating). The wheelchair seating for the

Maker’s Mark Barrel Room is also farther down the first base line than the club seating available

to ambulatory fans.

32. Over half of the total wheelchair seats in the lower grandstand are located behind

the very last row of the terrace area (the 200 level)—in other words, the last row of the entire lower

deck. These seats are located underneath the upper deck, have obstructed views (due to beams

supporting the upper deck), and are the worst seats in the entire grandstand (about 50 rows from

the field). Fly balls disappear from view from this vantage point, and the outfield scoreboard is

often obscured, as can be gleaned from the next two photographs:

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33. Additionally, the 63 wheelchair seats located on the cross-aisle between the 100

and 200 levels do not have adequate sightlines over standing spectators. Although an ambulatory

fan can see almost all of the infield over other standing patrons, a wheelchair user can barely see

any of the infield when spectators stand up—often during the most exciting parts of the game.

Below is a photograph taken from a wheelchair in this location:

3. Upper Deck

34. With respect to the upper deck, most if not all of the existing or planned wheelchair

seats lack adequate sightlines over standing spectators. The sightlines are better than in the lower

grandstand—because the pitch of the seats is steeper in the upper deck—but are still not

comparable to the views enjoyed by ambulatory fans.

35. Additionally, while the existing or planned wheelchair seating is dispersed around

the upper deck to a degree, proportional wheelchair seating options near the press box (behind

home plate in the most-desirable area) are lacking.

36. This is a stark contrast to the wheelchair seating options in the upper deck prior to

the 1060 Project. Similar to the Cubs’ approach to the Budweiser Patio in the bleachers, Wrigley

Field previously had 19 general admission wheelchair seats underneath the press box and directly

behind home plate, but the Cubs eliminated these wheelchair seats to make room for the Catalina
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Club and moved them down the first and third base lines.

B. Non-Seating Elements

37. In addition to the elements discussed above, there are a number of other

accessibility issues at Wrigley Field unrelated to wheelchair seating.

38. For example, counter surfaces throughout the stadium are too high for wheelchair

users, including ticket windows, concession stands, and condiment stations.

39. Additionally, Wrigley Field has protruding objects along circulation paths that

impede individuals who are blind or have low vision, as well as restrooms (“toilet rooms” in ADA

parlance) with inaccessible elements (e.g., paper towel dispensers that are too high and out of reach

for wheelchair users).

40. Moreover, at least one of the parking lots used by the Cubs has gaps, vertical

changes, loose surface materials, and excessive cross slopes that are extremely difficult for

wheelchair users and others to traverse, and most of the vehicles that transport patrons from

parking lots to the stadium are not accessible.

41. Certain of the drop-off points for shuttle service are also obstructed by curbs and

jersey barriers, impeding wheelchair users’ ability to exit shuttles and safely enter the stadium.

ADA Violations at Wrigley Field

I. ADA Requirements

42. Congress enacted the ADA “to provide a clear and comprehensive national mandate

for the elimination of discrimination against individuals with disabilities” and to provide “strong,

consistent, [and] enforceable standards addressing” such discrimination. 42 U.S.C. § 12101(b)(1),

(2).

43. Title III of the ADA prohibits discrimination “on the basis of disability in the full

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and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations

of any place of public accommodation.” 42 U.S.C. § 12182(a).

44. Discrimination includes a failure to design or construct facilities, or make

alterations to the maximum extent feasible, that are “readily accessible to and usable by individuals

with disabilities . . . in accordance with standards set forth or incorporated by reference in

regulations” issued under Title III. 42 U.S.C. § 12183(a)(1)-(2).

45. Regulations promulgated by the Attorney General detail how places of public

accommodation and commercial facilities are “to be designed, constructed, and altered in

compliance with the accessibility standards” set out in the regulations. 28 C.F.R. § 36.101(a).

46. The ADA Standards for Accessible Design, comprising both the 1991 Standards

and 2010 Standards, set out the relevant accessibility standards for evaluating compliance with the

statute and regulation. See 42 U.S.C. §§ 12183, 12186; 28 C.F.R. §§ 36.102, 36.304(d), and

Subpart D. Additions and alterations to the Wrigley Field facility in connection with the 1060

Project are governed by the 2010 Standards because they were made after March 15, 2012. See

28 C.F.R. § 36.406(a)(3). The 2010 Standards require Wrigley Field to have 201 general

admission wheelchair seats (it has 37,953 total general admission seats), which must be dispersed

vertically and horizontally throughout the stadium. 2010 Standards §§ 221.2.1.1, 221.2.3.1,

221.2.3.2; 28 C.F.R. § 36.406(f).

47. Wrigley Field is also required to have additional wheelchair seating for luxury

boxes, club boxes, and suites, which are common use areas for purposes of the ADA. See 2010

Standards § 106.5 (defining “common use” as “[i]nterior or exterior circulation paths, rooms,

spaces, or elements that are not for public use and are made available for the shared use of two or

more people”). This obligation includes having eight wheelchair seats for the 1914 Club, five

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wheelchair seats each for the W Club and Maker’s Mark Barrel Room, and six wheelchair seats

for the Catalina Club. Advisory Comment to 2010 Standards § 221.2.1.2. These wheelchair seats

must be located within the club areas and be served by an accessible route. 2010 Standards

§§ 221.2.1.2, 206.2.4.

48. All wheelchair seats must have compliant lines of sight to the field and provide

seating locations and viewing angles that are substantially equivalent to, or better than, those

available to all other spectators. 2010 Standards §§ 221.2.3, 802.2.2. Wheelchair seats also must

be integrated into the seating plan so that wheelchair users are not isolated from other spectators,

let alone from their family and friends. 2010 Standards § 221.2.2.

49. Although alterations to existing facilities are permitted consistent with the

requirements discussed above, the ADA prohibits an alteration that has the effect of decreasing the

accessibility of a facility below the requirements for new construction at the time of the alteration.

2010 Standards § 202.3.1.

50. With respect to the portions of Wrigley Field that were not expanded or altered by

the 1060 Project, the ADA nevertheless requires an existing facility to remove architectural

barriers “where such removal is readily achievable.” 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. §

36.304(a). “Readily achievable” means easily accomplished “without much difficulty or

expense.” 42 U.S.C. § 12181(9); 28 C.F.R. § 36.304(a).

II. ADA Noncompliance

51. For all of the reasons discussed above, there are ADA violations at Wrigley Field

relating both to wheelchair seating and non-seating elements.

52. With respect to wheelchair seating in the bleachers, none of the wheelchair seats

currently designated by the Cubs in that area comply with the ADA. Among other deficiencies,

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almost all of the wheelchair seats are located on the porches (at the rear of the bleachers) or in the

segregated, unsuitable Batter’s Eye area, rather than on the main bleacher concourse level, which

violates the ADA’s vertical dispersion and integration mandates. 2010 Standards §§ 221.2.2,

221.2.3.2.

53. Although general admission wheelchair seating was previously available on the

main bleacher concourse in the right field bleachers, that area was converted to group seating for

the Budweiser Patio, reducing the overall accessibility of the bleachers and the facility as a whole.

2010 Standards § 202.3.1.

54. Additionally, the wheelchair seats on the porches are noncompliant because they

were not constructed to provide wheelchair users with lines of sight over standing spectators and

rely instead on a roping policy that is easy to evade and raises the risk of discrimination. 2010

Standards §§ 202.2, 202.3, 221.2.3, 802.2.2; see also 28 C.F.R. §§ 36.401(a)(1), 36.402.

55. Clubs and group seating areas in the bleachers are also deficient. For example,

Hornitos Hacienda and the Fannie May Bleacher Sweet have no accessible route to the group

seating area, and Hornitos Hacienda does not have any wheelchair seating. 2010 Standards

§§ 221.2.1.2, 206.2.4. The designated wheelchair seating for the LG Porch is noncompliant for

the same reasons the general admission wheelchair seating on the bleacher porches is

noncompliant: sightlines over standing spectators impermissibly rely on policies rather than

architecture. 2010 Standards §§ 202.2, 202.3, 221.2.3, 802.2.2; see also 28 C.F.R.

§§ 36.401(a)(1), 36.402.

56. In the lower grandstand, most of the wheelchair seats currently designated by the

Cubs are noncompliant because they violate dispersion and integration requirements and/or

because they do not have adequate sightlines over standing spectators. 2010 Standards §§ 221.2.2,

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221.2.3, 802.2.2.

57. The grandstand contains no wheelchair seats or accessible routes closer to the field

than the cross-aisle between the 100 and 200 levels (even to account for the newly added premium

clubs). So the closest that wheelchair seats are found in the lower grandstand is about halfway

between the first and last rows, with over half of the total wheelchair seats in the lower grandstand

located behind the very last row of the grandstand and with obstructed views. 2010 Standards §§

221.2.1.1, 221.2.2, 221.2.3.2. Further, the wheelchair seats located on the cross-aisle between the

100 and 200 level do not have adequate sightlines over standing spectators. 2010 Standards §§

221.2.3, 802.2.2.

58. With respect to other accessible seating in the grandstand more generally, Wrigley

Field lacks sufficient ADA-required aisle seats with folding or retractable armrests. 2010

Standards §§ 221.4, 802.4.1, 802.4.2 (5% of all aisle seats must have these accessible elements).

Based on approximately 3,734 seats currently existing along grandstand aisles, Wrigley Field is

required to have 187 proportionately distributed aisle seats to assist individuals who may not

require a wheelchair seat and are able to ambulate to an aisle seat. Currently, however, there are

only 44 compliant aisle seats in the grandstand as a whole.

59. In the upper deck, most (if not all) of the existing or planned wheelchair seats lack

adequate sightlines over standing spectators. 2010 Standards §§ 221.2.3, 802.2.2. Although

portions of the upper deck located down the first and third base lines were not altered as part of

the 1060 Project, correcting these sightlines falls within the Cubs’ barrier-removal obligations. 42

U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304(a).

60. Additionally, the upper deck lacks proportional wheelchair seating options near the

press box, which violates horizontal dispersion requirements. 2010 Standards § 221.2.3.1; 28

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C.F.R. § 36.406(f)(2). This deficiency stems from the Cubs’ decision to remove 19 general

admission wheelchair seats underneath the press box and directly behind home plate to make room

for the Catalina Club—a decision that reduced the accessibility of the upper deck and the stadium

as a whole. 2010 Standards § 202.3.1. Notably, the Catalina Club does not even have enough

wheelchair seats (it is required to have six wheelchair seats but currently only has two). 2010

Standards § 221.2.1.2.

61. There are also ADA violations in the press box and private suites. For example,

the press box, even though not generally accessible by the public, is a common use area required

to have four wheelchair seats, but it only has two, and those seats do not meet the required

dimensions under the ADA. 2010 Standards §§ 226.1, 902, 305, 306. Additionally, the procedure

for accommodating a wheelchair in a suite (which involves removing a drink rail, typically after

the guest using a wheelchair arrives) is time consuming and subjects wheelchair users to the risk

of unwanted attention and embarrassment. 28 C.F.R. § 36.302(a).

62. Lastly, the non-seating elements discussed above relating to inaccessible counters,

dining surfaces, toilet rooms, circulation paths, and parking and shuttle service are detailed in

Exhibit D, which also contains citations to the applicable ADA Standards and/or regulations.

63. In addition to these issues, the lower grandstand clubs have inaccessible routes from

the main concourse into the clubs, including noncompliant running slopes, landings, and handrail

extensions on the route into the W Club, and no unescorted, independently usable accessible route

directly into the Maker’s Mark Barrel Room (wheelchair users must utilize a circuitous route that

goes through the 1914 Club and back-of-the-house areas to reach the Maker’s Mark Barrel Room).

2010 Standards §§ 206.2.4, 206.3, 402.2, 405.2, 405.7.3, 405.8, 505.10.1.

64. There are also viewing panels in the W Club and the Maker’s Mark Barrel Room

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that allow fans to see into the batting cages that are located underneath the seating bowl and down

the first and third base lines (the home batting cage is down the third base line, while the away

batting cage is down the first base line). Wheelchair users cannot see inside these batting cages

because the viewing panels are too high. 28 C.F.R. § 36.302(a); 2010 Standards § 221.2.3.

65. Wheelchair users also face obstructed views of the field from inside the Catalina

Club due to windowsill height, and from the Fannie May Bleacher Sweet due to the height of

bushes in center field designed to give batters a dark visual background. 28 C.F.R. § 36.302(a);

2010 Standards § 221.2.3.

Claim for Relief: Violations of Title III

of the Americans with Disabilities Act

66. The United States incorporates paragraphs 1-65 of its complaint as if fully set forth

herein.

67. For the foregoing reasons, the Cubs have denied individuals with disabilities the

full and equal enjoyment of the goods, services, facilities, privileges, advantages, and

accommodations of the Wrigley Field facility, a place of public accommodation.

68. The Cubs have further failed to design and construct and make alterations to the

Wrigley Field facility that are readily accessible to and usable by individuals with disabilities, as

required by the ADA, and to ensure that individuals with disabilities are otherwise not subjected

to discrimination on the basis of disability at Wrigley Field.

69. As a result, the Cubs are in violation of Title III of the ADA and its implementing

regulation.

70. The United States demands a jury trial on all issues so triable.

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Prayer for Relief

WHEREFORE, the United States prays that the court grant the following relief:

A. Enter judgment in favor of the United States and declare that defendants Chicago

Baseball Holdings, LLC, Wrigley Field Holdings, LLC, WF Master Tenant, LLC,

and Chicago Cubs Baseball Club, LLC have violated Title III of the ADA, as

amended, 42 U.S.C. §§ 12181-89, and Title III’s implementing regulation, 28

C.F.R. Part 36;

B. Enter an injunction requiring the defendants to remedy the deficiencies described

above;

C. Award compensatory damages in an appropriate amount for injuries suffered as a

result of the defendants’ noncompliance with the ADA;

D. Impose civil penalties commensurate with the violations described above; and

E. Award such other relief as the court deems appropriate.

Respectfully submitted,

JOHN R. LAUSCH, Jr.

United States Attorney
By: s/ Abraham J. Souza
PATRICK W. JOHNSON
ABRAHAM J. SOUZA
Assistant United States Attorneys
219 South Dearborn Street
Chicago, Illinois 60604
Phone: (312) 353-5327
(312) 353-1857
Email: [email protected]
[email protected]

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