Chicago Cubs Settle Lawsuit Regarding Alleged ADA Violations

Background/Facts

On October 31, 2024, the Chicago Cubs entered into  an agreement with the United States Justice Department (DOJ) “requiring the team to remediate Wrigley Field by improving accessibility and sight lines for disabled patrons throughout the ballpark — from the bleachers to the premium club seats.”[1] This settlement comes over two years (i.e., beginning in July of 2022) after the U.S. Attorney’s Office for the Northern District of Illinois had filed a lawsuit under Title III of the Americans with Disabilities Act (ADA) against the various ownership organizations of the Chicago Cubs, for its “failures to design and construct additions and make alterations that are readily accessible to and usable by individuals with disabilities.”[2]

But 2022 is not where this story originally began. Back in 2019, the Cubs began a “$1 billion, five-year renovation of Wrigley Field, dubbed the 1060 Project, [with the intent to] modernize[] the century-old ballpark with bleachers expansion, outfield video boards, an expanded grandstand concourse, new restrooms and other amenities.”[3] Despite the best of intentions to create a great fan experience for all, three years into this renovation the ADA lawsuit at issue was filed, alleging that the “extensive renovation[s] failed to provide wheelchair users and others with disabilities adequate sight lines or proper access to the ballpark and its amenities.”[4]

The Law

Under Title III of ADA, “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation . . . .”[5] Discrimination under Title III of ADA 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 . . . [to applicable] regulations . . . .”[6]

The Current Situation

After much litigation, the DOJ announced a settlement and proposed consent decree – which has been submitted to the U.S. District Court for the Northern District of Illinois for final approval – in which  the Cubs must resolve alleged violations of the ADA at Wrigley Field.[7] Notably, the Cubs will be required to submit written reports to the DOJ detailing their compliance with the consent decree.[8] Additionally, the DOJ may “review compliance with the consent decree, including by inspecting Wrigley Field, at any time during the next three years.”[9]

According to the DOJ press release:

The Americans with Disabilities Act requires that sports venues like Wrigley Field be accessible to people with disabilities . . . . The Justice Department is committed to ensuring that people with disabilities have full and equal access to public accommodations, including our ballparks.

As a result of this settlement, baseball fans with physical disabilities will have vastly improved options at Wrigley Field — on par with those available to all other patrons . . . . The Chicago Cubs are to be commended for working collaboratively with our office to find solutions, demonstrating their commitment to providing accessibility for people with disabilities.[10]

Finally, while the Cubs still deny the alleged ADA violations, in their team statement they nonetheless stated the consent decree is a step in the right direction for the ballpark and its disabled patrons:

The Cubs believe Wrigley Field is ADA compliant . . . . Nonetheless, the Consent Decree reflects a joint commitment to achieving greater accessibility at the Friendly Confines. Wrigley Field is more accessible today than ever in its history and we are pleased to have come to this resolution with the Department of Justice.[11] (emphasis added).

Hence, as a result of the settlement and consent decree, the Cubs will make numerous remediations to ensure accessibility for people with disabilities, including “removing noncompliant wheelchair spaces and companion seats and replacing them with wheelchair spaces that have significantly improved views of the field and fully compliant sightlines.”[12] These remediations will “take place in every area of the stadium, including incorporating wheelchair spaces and companion seats into premium club areas at the front of the grandstand that will, for the first time, provide some front-row access for fans in wheelchairs.”[13] Furthermore, the Cubs have also agreed to “modify protruding objects along circulation paths within Wrigley Field and ensure that certain parking and shuttle services outside the stadium are compliant [with the ADA].”[14]

The Future

While the Cubs are able to put this lawsuit behind them, their legal troubles, specifically in the context of ADA, still continue. “[T]he Cubs are still navigating a previous [2017] lawsuit brought by a fan alleging the renovated Wrigley Field was less accessible than the old ballpark.”[15] The 2017  lawsuit was filed by Chicago attorney, David A. Cerda, on behalf of his son, David F. Cerda, who uses a wheelchair due to muscular dystrophy.[16] Cerda’s lawsuit against the Cubs alleges that “the extensive Wrigley rebuild did not provide enough accessible seating to comply with the Americans with Disabilities Act.”[17] In 2023, the Cubs were victorious against Cerda in the United States District Court for the Northern District of Illinois, but Cerda has since filed an appeal with the United States Court of Appeals for the Seventh Circuit.[18] Only time will tell to see if the recent settlement and consent decree against the Cubs will have any bearing on Cerda’s case.[19]

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[1] Channick, Robert, Cubs reach settlement agreement with Justice Department to make Wrigley Field more accessible for disabled fans, Chicago Tribune (October 31, 2024) https://www.yahoo.com/news/cubs-reach-settlement-agreement-justice-224900324.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAHI_mDrnk_Ube9g-MUriOvQLbgNUTR7fmR18J8FWPFCHEdVWoafHvpd0ny0Nf5AitDGu7CZ88hxNGSallDDfQP8g0OGnIjT4bS0eQz79pTscJPhYJcowtwbN7WXUiwuhaEvMSfVcAzxcJ55DAGifmcO0K2mdBPOqC7uhBL1XDZ4s.

[2] Overview of United States v. Chicago Baseball Holdings, LLC, Wrigley, https://www.justice.gov/crt/case/united-states-v-chicago-baseball-holdings-llc-wrigley, Civil Rights Division – U.S. Department of Justice (July 21, 2022).

[3] Supra note 1.

[4] Id.

[5] 42 U.S.C. § 12182(a).

[6] 42 U.S.C. § 12183(a)(1)-(2).

[7] Press Release, Justice Department Announces Settlement and Consent Decree with Chicago Cubs Over Alleged Americans with Disabilities Act Violations at Wrigley Field, Office of Public Affairs – U.S. Department of Justice (October 31, 2024) https://www.justice.gov/opa/pr/justice-department-announces-settlement-and-consent-decree-chicago-cubs-over-alleged.

[8] Id.

[9] Id.

[10] Id.

[11] Supra note 1.

[12] Supra note 7.

[13] Id.

[14] Id.; It is also important to note that all Cubs employees and contractors whose job responsibilities involve contact with patrons with disabilities will receive training on the settlement before each of the next three baseball seasons (i.e., 2025-2027).

[15] Supra note 1.

[16] Id.

[17] Id.

[18] Id.

[19] Brief for the United States as Amicus Curiae in Support of Plaintiff-Appellant and Urging Reversal on the Issues Raised Herein, Cerda v. Chicago Cubs Baseball Club, LLC, Case No. 1:17-cv9023 (7th Cir. 2023) (on appeal from the United States District Court for the Northern District of Illinois) https://www.justice.gov/d9/2024-02/cerda_v._chicago_cubs_baseball_club_no._23-2428_7th_cir._02.02.24.pdf.