ILNews

Speedway agreement pledges ADA compliance

Back to TopCommentsE-mailPrintBookmark and Share

Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.

IMS has signed a settlement agreement in which it will be fully ADA compliant within 30 months, Joe Hogsett, U.S. Attorney for the Southern District of Indiana, said at a news conference. “This has been no small feat,” he said, noting the nature and size of the more than century-old venue.

Attorney Greg Fehribach of Doninger Tuohy & Bailey LLP represented Dan Ward, a disabled patron who filed a complaint against the Speedway in 1999 after being denied access to the pit area during a practice session, even though he held a pit pass. Ward was prevented from entering the pits because he was in a wheelchair.

“We appreciate everyone’s hard work in accomplishing this agreement,” Fehribach said, praising the efforts of Hogsett’s office and the Speedway to reach a resolution. Fehribach said he was aware of no other ADA compliance settlement agreement for such a large facility. Indianapolis Motor Speedway has the largest seating capacity of any sporting venue in the world.

Hogsett said there were more than 360 features that had been identified where corrective action was needed to assure accessibility. “Most of those identified issues have already been addressed,” he said.

Items on the list include projects to redesign or refurbish IMS corporate headquarters, three major parking areas, vista and grandstand areas, concession stands, restrooms and other facilities.

By mid-2015, Hogsett said, the accessibility project checklist included in the agreement will be completed. Debra Richards has been the lead U.S. attorney working on the agreement, and IMS officials will provide her quarterly updates on progress.

“We believe the settlement agreement is something that’s going to set a standard for the nation,” Richards said.

IMS Director of Engineering Kevin Forbes said the agreement takes into consideration the size, historic landmark status and unique nature of the Speedway, whose grandstands and other facilities were constructed long before accessibility was a consideration.

Forbes said the experience was bittersweet but renewed the Speedway’s commitment to accessibility. “This was a great opportunity for us to shine,” he said. He did not provide estimates about the cost of improvements.

“Today’s announcement serves as a reminder that the march toward equality continues, and the office remains dedicated to defending the civil rights of all Indiana residents,” Hogsett said in a statement. “For more than a century, the Indianapolis Motor Speedway has been a treasured symbol for all Hoosiers, and this agreement ensures that it will be now accessible to all Hoosiers.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT