United States of America v. Jujamcyn Theaters LLC

Filing 6

ADDENDUM TO CONSENT DECREE NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:1. This Court has jurisdiction over this action pursuant to 42 U.S.C. §12188(b)(1)(B) and 42 U.S.C. §§ 1331 and 1345.2. The Consent Decree is he reby modified with respect solely to the Theater andsolely with regard to the Production for the duration of its run; in other words, solely as to theAugust Wilson Theater for the planning, production, and closing (if any) of Cabaret. ThisAddendum do es not alter the duties and responsibilities of the parties as to any other theater, nordoes it alter or amend any provision of the Consent Decree except as specifically indicatedherein.Upon the conclusion of the Production, the Theater shall revert to the specifications set forth in the Consent Decree, including with respect to the seating plan, wheelchair accessible seating and aisle transfer seating locations. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 11/15/2023) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff,

:

ADDENDUM TO
CONSENT DECREE

:

v.

:

JUJAMCYN THEATERS LLC,

:

Defendant.

11/15/2023

21 Civ. 5853 (AT)

:

------------------------------------X
WHEREAS, the United States of America (the “Government”) commenced this action to
enforce provisions of Title III of the Americans with Disabilities Act of 1990 (“ADA”),
42 U.S.C. §§ 12181 et seq., and the Department of Justice regulations implementing Title III of
the ADA, 28 C.F.R. Pt. 36 (the “Regulations”), and the ADA Standards for Accessible Design,
consisting of 28 C.F.R. Pt. 36, App. D (the “1991 Standards”); and Appendices B and D to 36
C.F.R. Pt. 1191 (2009), and the requirements contained in subpart D of 28 C.F.R. Pt. 36 (the
“2010 Standards”), against Jujamcyn Theaters LLC (“Jujamcyn”) with respect to, inter alia, the
August Wilson Theatre, opened in 1925 and located at 245 West 52nd Street (the “Theater”);
WHEREAS, the Theater is owned by Jujamcyn, which is a limited liability company
organized under the laws of Delaware and headquartered in New York;
WHEREAS, Jujamcyn and the United States entered into a Consent Decree approved and
entered by the Court on July 12, 2021, pursuant to which Jujamcyn agreed to make certain
accessibility improvements to the Theater;
WHEREAS, by notice dated October 12, 2021, January 19, 2022, and February 17, 2022,
Jujamcyn certified that it complied with the obligations of the Consent Decree with regard to the

Theater;
WHEREAS, Jujamcyn now proposes significant alterations to the Theater pursuant to
paragraph 17 of the Consent Decree to permit a “theater in the round” production of “Cabaret”
(the “Production”);
WHEREAS, the Production will reduce the total number of seating locations in the
Theater, and
WHEREAS, the United States has reviewed the proposed alterations and has no objection
thereto;
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:
1.

This Court has jurisdiction over this action pursuant to 42 U.S.C. §

12188(b)(1)(B) and 42 U.S.C. §§ 1331 and 1345.
2.

The Consent Decree is hereby modified with respect solely to the Theater and

solely with regard to the Production for the duration of its run; in other words, solely as to the
August Wilson Theater for the planning, production, and closing (if any) of “Cabaret.” This
Addendum does not alter the duties and responsibilities of the parties as to any other theater, nor
does it alter or amend any provision of the Consent Decree except as specifically indicated
herein.
3.

The Consent Decree is hereby modified with respect to the Theater for the

duration of the Production as follows:
A.

Entrance to the Theater: Paragraph 5 of the Consent Decree is amended

to the extent that Jujamcyn shall provide an accessible entrance route at the Theater as set
forth in Exhibit 1.
B.

Restrooms: Paragraph 6 of the Consent Decree is amended to the extent

that Jujamcyn shall maintain two wheelchair accessible unisex toilet rooms that meet the
requirements of 2010 Standards §§ 213, 603-606, to the extent set forth in Exhibit 1, it
being agreed that the existing wheelchair accessible unisex toilet room is not being
altered and shall meet the requirements of 2010 Standards §§ 213, 603-606, as and to the
extent set forth in Exhibit 2A of the Consent Decree.
C.

Egress Route: Paragraph 9 of the Consent Decree is amended to the extent

that Jujamcyn shall provide in the Theater a designated access route to the extent set forth
in Exhibit 1.
D.

Wheelchair and Companion Seating Locations: Paragraph 14 of the

Consent Decree is amended to the extent that Jujamcyn shall provide eleven (11)
wheelchair seating locations and the associated companion seating locations at the
Theater to the extent set forth in Exhibit 1. It is agreed that each wheelchair seating
location at a table shall be permitted to be sold only if both seats at such table are
purchased, so long as seats at all other tables sold to the general public at the StandardAdmission price for table seats are also sold only in pairs.
E.

Aisle Transfer Seating: Paragraph 16 of the Consent Decree is amended to

the extent that Jujamcyn shall provide and maintain aisle seats that are equipped with
folding armrests or, in the case of seats at tables, at Jujamcyn’s option, no armrests
(“designated aisle seats”) to the extent set forth in Exhibit 1.
F.

Ticket Pricing: Paragraph 18 of the Consent Decree is amended to the

extent that the ticket pricing for wheelchair and companion seating locations in the
Theater shall be as follows: (a) six of the wheelchair seating locations and one companion
seat for each such wheelchair seating location shall be offered for sale to wheelchair users

and their companions at the lowest ticket price at which tickets are offered for sale for
Standard-Admission Seats for the general public at the Theater; (b) the remaining five
wheelchair seating locations and one companion seat for each such wheelchair seating
location shall be offered for sale to wheelchair users and their companions at the price of
the tickets for Standard-Admission Seats in proximity to the wheelchair seating locations;
(c) all remaining wheelchair companion seating locations may be priced at the price of
tickets for standard-admission, non-accessible seats in proximity to the applicable
wheelchair seating location; and (d) all aisle transfer seating locations shall be offered for
sale to people with disabilities at the price at which adjacent seating locations in the same
row are offered for sale for that performance, or, in the event such adjacent seating
locations are not, for that performance, being offered for sale to the general public, at the
price such seating locations would otherwise be offered for sale for that performance to
the general public.
4.

Upon the conclusion of the Production, the Theater shall revert to the

specifications set forth in the Consent Decree, including with respect to the seating plan,
wheelchair accessible seating and aisle transfer seating locations.

Dated: November 15, 2023
New York, New York

Exhibit 1

REFERENCE TO 2022BC
§28.2-1009.6 Areas of rescue assistance. Every required area of rescue
assistance shall be accessible from the space it serves by one or more
accessible means of egress components as listed in Section 28.2-1009.2.
§28.2-1009.6.2 Stairway or elevator access. Every required area of rescue
assistance shall have direct access to a stairway complying with Sections
28.2-1009.3 and 28.2-1023, or an elevator complying with Section
28.2-1009.4.

DANCE II

§28.2-1009.6.3 Size. Each area of rescue assistance shall be sized to
accommodate one wheelchair space of 30 inches by 48 inches (762 mm by 1220
mm) for each 200 occupants or portion thereof, based on the occupant load
of the area of rescue assistance and areas served by the area of rescue
assistance. Such wheelchair spaces shall not reduce the means of egress
minimum width or required capacity. Access to any of the required
wheelchair spaces in an area of rescue assistance shall not be obstructed
by more than one adjoining wheelchair space. Every required area of rescue
assistance shall be accessible from the space it serves by one or more
accessible means of egress components as listed in Section 28.2-1009.2.
FIRE GUARD ASSIGNED TO
WHEELCHAIR SAFE AREA

STAIR J
4HR

4HR

4HR

DN

106A

UP

UP

FG

X

4HR

4HR

M1
FG

C

9"
3' -

C

C

C
C
C

C

4'

101

C
S "
21 T

C
C

C

C

C

C

C

C
C

C

C

C

C

C

C

S
21
"

C
C

RED BAR

102

AISLE TRANSFER SEAT
AISLE TRANSFER COMPANION SEAT

3'

RAM

P (+
1:12 24")

DN

WHEELCHAIR COMPANION SEATS

EXTENTS OF REAR ORCHESTRA BAR. MERCH AREA
AND ASSISTIVE LISTENING DEVICE LOCATION TO BE
INCLUDED WITHIN THIS ZONE

S
21
"

21 S
"

S
21
"

4HR

STAIR 5

WHEELCHAIR POSITION WITH 36" X 48" CLEARANCE

EL 3''-0"

HOUSE-SIDE SEATING

ADA 1:12 RAMP

BAR AREA (SERVICE SIDES
INDICATED BY ARROWS)

21 S
"

S
21
"

21 S
"

4'
X

STAIR B

EX

X

X

4'
EX
4HR

EX
EX

4HR

X

DN

EX

ENTRY CORRIDOR

104

STAIR A
DN

DN

UP

DN

EX

EX

EX

EX

PROJECT MANAGEMENT
GBA
214 WEST 43RD STREET
NEW YORK, NY 10036
telephone [phone]
THEATRE CONSULTANTS
CHARCOALBLUE
330 7TH AVE, SUITE2002
NEW YORK, NY 10001
telephone [phone]
STRUCTURAL ENGINEER
MCLAREN ENGINEERING
131 W 35TH STREET, 4TH FL
NEW YORK, NY 10001
telephone [phone]
MEP ENGINEER
AMA GROUP
825 8TH AVE., FL18
NEW YORK, NY 10019
telephone [phone]
CODE CONSULTANT
NYCCODE
114 W 47TH STREET, C1
NEW YORK, NY 10036
telephone [phone]
CONSTRUCTION MANAGEMENT
YORKE CONSTRUCTION
140 WEST 31ST STREET, 4TH FLOOR
NEW YORK, NY 10001
telephone [phone]

DN

EXISTING ADA RESTROOM PER
EXISTING CONSENT DECREE

EX

KEY PLAN:

UP

W 53RD ST

UP
STAIR I

EX

CLIENT
AMBASSADOR THEATRE GROUP
630 NINTH AVE, SUITE 800
NEW YORK, NY 10036
telephone [phone]

EX

BROADWAY

EXTISTING
WHEELCHAIR
LIFT
UP
UP

KOSTOW GREENWOOD
ARCHITECTS
594 BROADWAY, SUITE 300
NEW YORK, NEW YORK 10012
telephone [phone]

STAIR G
UP

106C STAIR C
EXUP
DN

DN

FIRE GUARD

1"

EL 2'-2 1/2"

C

C

4HR

WHEELCHAIR PATRON PATH TO SEAT

C

C

C

4HR

WHEELCHAIR LIFT

ADA 1:12 RAMP

C

C

C

4HR

4'

4'-6"

C

C

C

EX

EX

UP

STAIR 3

RAMP (+2 1/2")
1:12
UP
EX
106D

EX

5'

X

STAIR 1

4HR

FLAT PORTION OF REAR ORCHESTRA BAR

3'

5
10

4HR

X

X

C

C

EL 2 1/2"

C

DN

X

C

C
C

STAGE

UP

EXISTING RAKED ORCHESTRA FLOOR TO REMAIN.
SLIGHT ADJUSTMENTS TO BE MADE TO THE
EXISTING ADA CONCRETE PLATFORMS TO CREATE
SMOOTH AND LEVEL WALKING SURFACE

4HR

C

C
C

C

S
S
S
21" 2 S S
S 21" 21"
1" 2
S 21"
1" S
S
S
21"
S S
S
S
21"
S
S
S S1" 21" 21" 21" 21" 21" 21" 21
S
" 21"
S 21" 2
21" S
S
1"
S
21" S
S 21" 2
S "
S
20
S
S
21"
S
"
S
1
1
S
" 2 S
S
2
S " 2
S
21"
21"
S
21"
21
"
" 21"
0" S
S 21" 21" 21
21" S S
S " 21
20
21"
S 21"
S
" S
1
2
S
"
1
2
S
S
1
2
" 2
20
S "
2
0
"
S
S
S
"
"
S
1"
"
S S
21
S S
20
S " 21
21
S
21"
21"
S
21
"
"
"
21
2
S
1
"
1
1
"
S
2
2
21"
"
S " 2
1
0
2
S
21"
S 21"
S
" S
1
20
21" S
S "
20
S 21"
S " 2
" S
" 2 S
21"
S
S
1
S
1"
21
20
S
S
S
2
2
0" S
S
S "
"
S
21"
"
21
"
1
" 21" 2
21
S
"
1
2
2
S
1
2
"
S "
0
1
1
2
"
2
S
"
S
2
S 21"
S
1
1
"
2
S "
21" S
20
0" S
S " 2
S 21"
" 2 S
21"
1
20
S " 21
S
S
S
21"
S S
0" S
S
S " 2
" S
1
S
1
20
20
S " 2
1" 21" 21" 21" 21" 21
S
2
2
S
"
1
"
"
2
S "
S
S
1
"
S
2
"
2
1
S
S
1
20
"
2
2
S "
"
2
1
21
1
1" S
" S
" S
1
S 21"
S " 2
2
2
2
2
"
C C
1" S
1" S
S "
0"
C C
1
S " 21
21
C
C
S " 2
21
21
C
" S
C
S " 21
1
"
2
S
2
1" S
C
C
1
S "
21
S " 2
C
21
"
C
21
1
" S
2
C
S "
C
21
1
" S
C C
C
C
S " 2
C C
21
C
"
C
21
C
C
C
C
C
C
C
C
C C
C
C
C
C
C
C
C

S "
1
S " 2
21

4HR

S
T 21"

C

4HR

C

C

4HR

C

C

4HR

C

C

Checked by Checker

UP

"

All rights reserved. No part of this document may be reproduced or utilized in any form without the prior written authorization of Kostow Greenwood Architects, LLP. Drawn by Author

C

10

X

8
10

© 2023 Kostow Greenwood Architects, LLP

C

C
C
C

3'-

STAGE-SIDE SEATING

C

4'

106

"

6
3'-

C
C

C

DN
STAIR H

S "
21

C

C

S
AI

2 HR

UP

24")
P (+
M
RA :12
1

STAIR 6
DN

X

LE

S "
1
S " 2
21

2 HR

X

STAIR 4

S "
21

2 HR

S
S
H
21" 2 S S
S 2H
1" 2
H 1"" 21"
S
1" S
H1" 2211"" 21
2
1
S
" 2S S
2
1"
S 2H1"" 21"
S
21"
S 2H11"" 21
S
21" S S
S S
S
2
"
1
"
1
"
21" 2
21" S S
S
1S" 2 1" 21
21"
S 21S" " 221" 2
21
S
S"
1
S
S
2
S 21
S
"
S
S
S
"
21"
S
1"1" 21
S
S 2S
S S " 21" 21" 21" 21" 21" 21" 21
S
" 21" S S
21
T
21" 2
S
21
" 21"
1
"
T
2
S
1" 2 S S
T
1" 2
1"
S 21" 2
S S S
S S S
21
S
S 21"
"
S
S S " 21" 21" 21" 21" 21" 21
21" S
S
" 21" S S
21
S 21"
21
S 21" 21"
21"
1"
" S
S
2
S
"
S
1
1
"
2
2
" 2
1" S
21" S
S 21"
S " 21
S S S
S
21
21" S
S S
S 21"
"
S S
21
2
1
S
21" 21" 21" 21" 21" 21" 21" S S
" 2S
S 21"
S 21" 21"
21"
"
1" S
21" S
S
S 21
1"
2
2
2
"
1
1" S
S 21"
" S
S
S " 21
S S
21" S
21
S S 21" 21" 21" 2S S S
S 21"
" S
2
"
S
1"
"
S " 21
1
21
S
2
2
1
"
"
S 21
1"
21" S S
S 21" 21"
21
"
21
21"
" S
S
1"
S " 21
2
T
2
2
1" S
T
1" S
S 21"
21" S
S 21
S
S
S
2
S
1
S 21"
S S
1"
2
"
S
21"
21
1
"
S
"
S " 2
21" 2 S S
" 2S
21
1" 21" 21"
S " 21
S
1" 2
1" 2
"
1" S
21
1" S
S 21" 2
S 21
2
T
2
1
"
1
T
" 2S
" S
S 21"
S
S
S " 21
S
21
1" S
S S
S
S 21"
1
" S
2
S
21" 21" 21"
2
1
"
1
S
"
S " 2
2
"
21" S
S 21" 21"
1"
S 21
2
2
S
1
"
1
21
S 21"
S
"
"
21" S
T
S " 21
21
T
S 21"
1
" S
21
C C
"
C C
S 2
" S
1
2
2
S
C
1
C
21
1"
" S
"
C
C
S
"
S " 2
2
S " 21
C
21
1"
C
" S
C
21
21
C
2
T
1
T
" S
C
21
C
"

S "
21

2 HR

EX

2HR

NEW WHEELCHAIR
LIFT TO MEZZANINE
37 1/4" X 51" CLEAR
PLATFORM SIZE
750 LB CAPACITY
S "
0
S " 2
0
2

ADA RESTROOMS

ACCESS LADDER ROOM
2 HR

STAIR 2
DN

DN

EXTERIOR COURT

EX

X

EX

STAIR K

DOORS INTO ENTRY
COURT ARE 90 MIN., TYP.
10
6B

4HR

111

UP

X

111

ADA RR

LEGEND

4HR

DN

112

ENTRY CORRIDOR

4'-11"

4HR

103

8TH AVE

SECOND ADA
RESTROOM

AUGUST WILSON THEATRE
245 W 52ND STREET
NEW YORK, NY 10019

EX

W 52ND ST

DESCRIPTION

ACCESSIBLE PATH

1

DOJ SEATING PLAN ORCHESTRA
scale: 1/8" = 1'-0"

NO

DATE

WEST 52ND STREET
WEST
52ND STREET

1ST FLOOR (ORCHESTRA
LEVEL)

DOB NOW no
TO THE BEST OF MY KNOWLEDGE AND
PROFESSIONAL JUDGEMENT THESE
DRAWINGS ARE IN COMPLIANCE WITH
THE NEW YORK CITY BUILDING CODE
AND ADA COMPLIANCE.

project no

NOTE: DO NOT SCALE OFF OF PLANS

drawing no

M00914934-I1
23-002

scale

1/8" = 1'-0"

graphic scale

0

8'

DOJ-001.00

sheets in set

1

OF 35

DANCE II
AUGUST WILSON THEATRE
245 W 52ND STREET
NEW YORK, NY 10019

KOSTOW GREENWOOD
ARCHITECTS
594 BROADWAY, SUITE 300
NEW YORK, NEW YORK 10012
telephone [phone]
OPEN TO
BELOW

X

NEW WHEELCHAIR LIFT
TO MEZZANINE

DN
STAIR 4
DN

E

E
E
E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

MEP ENGINEER
AMA GROUP
825 8TH AVE., FL18
NEW YORK, NY 10019
telephone [phone]
CODE CONSULTANT
NYCCODE
114 W 47TH STREET, C1
NEW YORK, NY 10036
telephone [phone]

C

E

C
C

E
E

C

B
21
"
B
21 B
21
"
" B
2
B
1
"
21
B
21 B
"
21
"
" 2 B
1"

E

E
E

E

E

STAIR 3

E

DN

CONSTRUCTION MANAGEMENT
YORKE CONSTRUCTION
140 WEST 31ST STREET, 4TH FLOOR
NEW YORK, NY 10001
telephone [phone]

E

E

E

DN

STRUCTURAL ENGINEER
MCLAREN ENGINEERING
131 W 35TH STREET, 4TH FL
NEW YORK, NY 10001
telephone [phone]

E

E

E

DN

THEATRE CONSULTANTS
CHARCOALBLUE
330 7TH AVE, SUITE2002
NEW YORK, NY 10001
telephone [phone]

E

E
E

B B B B B B B B
B
21" 21" 21" 21" 21" 21" 21
B B
" 21" B
B 21" 21" 21"
21" B
B 21"
21" B
B 21"
B B B
B
B
21" B
"
B
B 21
B
B
21" B
21"
B
21" 21" 2
B
21" 21"
B 21"
B
1" 21
B 21" 21" 21"
21
"
" 21
B
" 2B
B 21"
B " 21
" 21
B
1" B
B 21"
"
1
B
B
B
2
B B
21" B
B "
B
"
21
1
B
B
2
1
21" B
B
" B
21" 21" 21" 21" 21" 21" 2 B B
"
B " 2
1
B 21"
B
21
2
"
1
2
1
"
B
"
2
1
1
2
B
" B
B
1
"
1
"
2
1
"
B
2
2
B "
21" B
2
21
"
"
B
1
1
2
" B
1
B B
21" B
" B
B
B
B " 21
B B
1"
2
B
B
2
B " 2
21
1
2
B
1
21"
21"
21
"
"
B
"
1
B
"
21
2
B
1
2
1
"
" 2
1
1
"
"
B
B "
B 2
2
2
2
2
"
1
1
" 21
B
2
1
"
1
B
1
"
B
1
"
"
1
" 21
B " 2
B
21
B " 2
21 B
B 21" 2
"
1
" B
21" B
"
B B
B " 2
21
B B B B
B 21"
21
B
21
"
1
" B
" 2B
B 21" 21" 21" 21" 21" 21" 21" B B
B " 21
B " 2
2
2
1" B
B 21"
1"
1" 2
B " 21
21
1" B
21
B 21"
21" B
1
" B
B 21"
B " 2
2
21
"
1"
" B
21
B " 21
21
1
"
B
2
B "
21
1
" B
21
B " 2
"
21

E

E

Checked by Checker

E

E
E

All rights reserved. No part of this document may be reproduced or utilized in any form without the prior written authorization of Kostow Greenwood Architects, LLP. Drawn by Author

E

E
E

E

DN

DN

X

21 B
"

21 B
"

21 B
"

UP

KEY PLAN:
W 53RD ST

8TH AVE

BROADWAY

© 2023 Kostow Greenwood Architects, LLP

E

E

OPEN TO BELOW

DN

X

E

E

OPEN TO BELOW

TYP.

STAIR 7

PROJECT MANAGEMENT
GBA
214 WEST 43RD STREET
NEW YORK, NY 10036
telephone [phone]

E

C

B
B 21"
"
1
2

E

B "
21

E

B "
1
B " 2
1
2

DN

E

STAGE-SIDE SEATING PLATFORM

DN

8

E

B "
21

E

DN

B "
21
B STAIR
"
21

E

DN

E

B "
21

E

B "
21
B "
21

301

DN

DN

E

X

CLIENT
AMBASSADOR THEATRE GROUP
630 NINTH AVE, SUITE 800
NEW YORK, NY 10036
telephone [phone]

UP

W 52ND ST

UP

DN
DESCRIPTION

NO

DATE

UP

1

DOJ SEATING PLAN SEATING PLATFORM
scale: 1/8" = 1'-0"

1ST FLOOR (ORCHESTRA
LEVEL) SEATING
PLATFORM
DOB NOW no

TO THE BEST OF MY KNOWLEDGE AND
PROFESSIONAL JUDGEMENT THESE
DRAWINGS ARE IN COMPLIANCE WITH
THE NEW YORK CITY BUILDING CODE
AND ADA COMPLIANCE.

project no

NOTE: DO NOT SCALE OFF OF PLANS

drawing no

M00914934-I1
23-002

scale

1/8" = 1'-0"

graphic scale

0

8'

DOJ-002.00

sheets in set

2

OF 35