Astros ADA seating lawsuit sent to arbitration

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Update:

• The Houston Astros and a pair of fans were ordered to mediation over a complaint related to the Astros’ handling of accommodations for those with disabilities at a game.
• U.S. District Judge Ewing Werlein sent Plaintiffs Rebeka Stowell and Carrie Stowell along with the defendant Astros to mandatory but non-binding mediation within 60 days with Michael Sciotti of Barclay Damon in Syracuse, New York.
• The Stowells claim they attended a game and were forced to pay a $16 fee to change tickets to an accessible seating area, then had to park off-site due to a lack of available accessible parking.

Houston Astros ADA lawsuits overview: 

• Who: Major League Baseball’s Houston Astros franchise have been hit with two separate complaints alleging Americans with Disabilities Act violations at their home venue, Minute Maid Park. 
• Why: Plaintiffs claim the Astros failed to properly accommodate them during a Lady Gaga concert and an Astros game hosted at Minute Maid Park. 
• Where: The class action lawsuits were filed in Texas federal court. 

(Dec. 27, 2022)

Major League Baseball’s Houston Astros has been hit with two complaints within one week over separate claims the franchise violated the Americans with Disabilities Act  (ADA) during events hosted at the team’s home venue, Minute Maid Park.

In one complaint, plaintiff Joshua Scurria claims he purchased tickets in the lone ADA section on the floor for a Lady Gaga Chromatica Ball concert at Minute Maid Park in September, arguing the area was far away from the stage and poorly constructed. 

Scurria, who uses a wheelchair, claims the accessible-designated seating area was not separated by any ropes or barriers, was not raised, and was positioned “directly behind the conventional seating area.” 

Further, Scurria claims he was continuously blocked from seeing the concert by able-bodied concertgoers who were standing on their chairs, and that his complaints to attendants at the event did not fully solve the problem.

“Mr. Scurria complained to attendants about folks passing through the ADA section, but they had no idea what to do or how to respond to his complaints,” states the Houston Astros ADA lawsuit. 

Scurria argues he was “unable to fully enjoy” the Lady Gaga concert due to the “constant interruptions” caused by patrons standing on chairs and passing through the ADA seating section. 

Plaintiff is demanding a jury trial and requesting declaratory relief along with compensatory and nominal damages. 

Astros game leaves pair of Houston residents ‘distraught,’ ‘upset’

In the other complaint, a pair of Houston residents claim they had to pay a $16 fee at Minute Maid Park to transfer their Astros game tickets to accessible seating, after previously only being told their tickets could be exchanged upon arriving at the game. 

Plaintiffs Rebeka Stowell and Carrie Stowell, the former a wheelchair user, claim that, in addition to having to pay the unexpected fee, they had to park off site due to not being able to find designated-accessible parking. 

Rebeka and Carrie Stowell further claim they were “embarrassed and humiliated” after they were “continuously monitored” by stadium security working to “keep track” of Rebeka’s service dog. 

“Plaintiffs felt like they were being penalized and treated like they had done something wrong simply because Rebeka was accompanied by her trained service animal,” states the Astros ADA lawsuit. 

Rebeka and Carrie Stowell also argue the wheelchair seating had no divider, which led to other patrons “frequently” bumping into the back of Rebeka’s chair, and that the accessible stall in the restroom was too small, and that the door to the family restroom was too heavy. 

“Plaintiffs were unable to enjoy the Houston Astros baseball game and decided to leave the game early during the fourth inning,” states the Astros ADA lawsuit. 

Rebeka and Carrie Stowell, who claim they were “distraught and upset” over the incident, are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory and nominal damages.

A similar complaint was filed against the MLB’s Chicago Cubs earlier this year by an individual arguing the baseball team’s stadium, Wrigley Field, violated the ADA by allegedly not having enough wheelchair-accessible seating. 

Have you had issues when attending an event in an accessible-designated seating area? Let us know in the comments! 

The Houston Astros ADA lawsuits are Scurria, et al. v. Houston Astros LLC, et al., Case No. 4:22-cv-04385, and Stowell, et al. v. Houston Astros LLC, et al., Case No. 4:22-cv-04340 in the U.S. District Court for the Southern District of Texas. 

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