United States v. AMC Entertainment, Inc.

ORDER ON PARTIES’ MOTIONS FOR SUMMARY JUDGMENT

A movie-theater owner who provides wheelchair seating only in the front rows of the auditorium deprives persons with disabilities of equal access, benefits, and services in violation of the Americans with Disabilities Act. This rather unremarkable proposition has been the subject of extensive litigation and heated debate, culminating in the following Order.

This matter is before the Court on a number of motions. Oral argument was heard on November 18, 2002, at which time the parties were in receipt of the Court’s summary of its tentative order.

Specifically, this Order resolves the following motions:

1) the parties’ cross-motions for Partial Summary Judgment on the “Line-of-Sight” Issues (docket # 346, 366); the Court hereby grants the Government’s Motion, and hereby denies AMC’s Motion;

2) the Government’s Motion to Strike the September 26, 2002, Declaration of Gregory G. Hurley (docket #371), which the Court hereby grants in part;

3) the Government’s Motion for Summary Judgment regarding Defendants’ Affirmative Defenses (docket # 379), which the Court hereby grants.

I. Nature of the Case

This case arises out of the placement…