CHICAGO — The U.S. attorney’s office in Chicago filed a lawsuit against the Chicago Cubs on Thursday alleging the recent overhaul of Wrigley Field violated federal law by failing to make the park “appropriately accessible” to fans who use wheelchairs or have other disabilities.
The 19-page lawsuit filed in U.S. District Court comes nearly three years after it was revealed that federal authorities had launched an investigation into whether the Cubs’ $1 billion, five-year renovation of the century-old ballpark met the standards of the Americans With Disabilities Act.
The suit alleged that the extensive rebuild of the bleachers and lower grandstand, which was dubbed the “1060 Project,” failed to provide wheelchair users with adequate sightlines as compared to standing patrons.
In the lower grandstand, the suit says, “a wheelchair user can barely see any of the infield when spectators stand up — often during the most exciting parts of the game.”
In general admission areas, wheelchair seating is largely clustered in the last row of seating sections, according to the suit. The design also failed to remove architectural barriers to access in unaltered portions of the ballpark.
The Cubs also failed to incorporate wheelchair seating into new premium clubs and group seating areas, such as the Catalina Club in the upper deck and the Budweiser Patio in right field, the suit stated.
The lawsuit names as defendants the Cubs and other corporate owners and operators of the Wrigley Field facility. The suit seeks declaratory, injunctive, and monetary relief to remedy the alleged ADA violations.
Cubs spokesman Julian Green said in an emailed statement the team had been cooperating with the federal probe and was “disappointed” with the Justice Department’s decision to sue.
“(We) hope the matter can be resolved amicably, but we will defend Wrigley Field and our position it meets accessibility requirements for fans,” the statement read. “The renovation of Wrigley Field greatly increased accessibility of the ballpark and was completed in accordance with applicable law and historic preservation standards consistent with the ballpark’s designation as a National and City of Chicago landmark.”
In response to the federal inquiry, Green said, the Cubs have “made several offers to voluntarily further enhance accessible features of the ballpark, including seating, restrooms, concessions and other key accessibility elements.”
The suit, meanwhile, includes photos of some of the worst alleged violations of federal law, singling out the overhaul of the bleachers as being particularly bad for wheelchair users.
“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 inhibits their ability to watch the game,” the suit stated. “This is because the wheelchair seats on the porches were not constructed to provide lines of sight to the field over standing spectators.”
Instead, the suit stated, the wheelchair seats rely on a policy that “discourages but does not preclude bleacher fans from sitting and standing in the two rows immediately in front of the wheelchair spaces.” Though the rows are roped off and ushers are supposed to enforce the rules, spectators still wander in front of the seats, according to the suit.
The “Batter’s Eye” area in dead center field, which is covered with a mesh tarp and gets abnormally hot in the summer, has also been the subject of numerous complaints from wheelchair users, the suit alleged.
The Cubs first filed notice of the federal review in December 2019 as part of a lawsuit brought by a wheelchair-bound fan alleging seating for those with disabilities was in fact worse than before the renovation.
At the time, a lawyer representing the team wrote a letter to the judge saying the Cubs believed the overhaul had “significantly increased the accessibility of the ballpark.”
The letter said compliance with the ADA “is of critical importance to the Cubs, as is ensuring the accessibility to all fans to Wrigley Field, a historic and aging ballpark with a limited physical footprint.”
In the statement released after the lawsuit was filed Thursday, the team said Wrigley Field “is now more accessible than ever in its 108-year history.”
“Wrigley Field has 11 more elevators than it did prior to the start of the renovation, more accessible restroom facilities, assistive listening technology for fans with hearing impairments, enhanced audio speakers and sound systems throughout the ballpark, and upgraded ticketing and online systems for purchase of seating, including accessible seating,” the statement read.
