This Note contends that the Ninth Circuit was correct in finding that in order to ensure comparable lines of sight for disabled and non-disabled patrons, viewing angles must be taken into account. Part I provides a general background of Title III of the ADA, and specifically addresses section 4.33.3 of the ADAAG and its history. Additionally, Part I examines the Fifth Circuit's decision in Lara, as it played a major role in the outcome of the Ninth Circuit's decision in Regal. Part II analyzes both the majority and the dissenting opinions offered in Regal. Part III defends the majority opinion in Regal through a critique of the Regal dissent. Part IV discusses other cases arguing the same issues, taking the Fifth Circuit's decision in Lara into consideration. Lastly, Part V concludes that the Ninth Circuit was correct in ruling that a valid interpretation of section 4.33.3 of the ADAAG includes a viewing-angle consideration.
Joshua D. Watts,
Let's All Go To The Movies, and Put An End to Disability Discrimination: Oregon Paralyzed Veterans Of America v. Regal Cinemas, Inc. Requires Comparable Viewing Angles For Wheelchair Seating, 34 Golden Gate U. L. Rev.