Frustrating accessibility issues persist at major MLSE entertainment venues

The slogan of Maple Leaf Sports and Entertainment (MLSE) is “Bringing the World to its Feet” and that was exactly the problem for Paul Bronfman.

The film executive uses a mobility scooter because of a multiple sclerosis diagnosis, but when he bought a seat in the accessible section of the Air Canada Centre for the U2 concert on Tuesday, July 7, he couldn't see 85 per cent of the performance because other concert-goers in the row ahead stood in front of him.

This wasn't the first time either. Bronfman even went so far as to give MLSE chairman Larry Tenenbaum a tour of the section and explain the problem with its sight lines, but his experience this summer was proof nothing had been done and Bronfman has vowed to take legal action against the MLSE over violation of his human rights.

Meanwhile, The Rogers Centre, hasn't fared any better in the accessibility department. When walker user Mary Penner attended the PanAm Games Opening Ceremony, security wouldn't allow the WheelTrans van she arrived in to drop her off in the designated area. From there, her experience went from bad to worse. The accessible section she'd bought a ticket for was full and she was moved twice, each time further away from the original vantage point that cost her $150. Then, when she was finally brought to an empty seat, other audience members stood in front of her and, like Bronfman, she couldn't see. Now, she's demanding a full refund for the hundreds of dollars in games tickets she bought.

With both Bronfman and Penner feeling violated, what actually is MLSE's legal responsibility as the owner of the offending venues? After all, both the Rogers and Air Canada centres have accessibility policies that can be read here and here. Plus, MLSE has since told The Toronto Starthey plan to build an eight-inch concrete ramp they hope to finish by September that will raise their accessible sections. Bronfman wants the accessible sections raised to at least 24 inches, but was told by MLSE that would violate the building and health and safety codes.

When Yahoo Canadacontacted MLSE for this story they offered “no comment,” saying they didn't have anyone available at the time who could speak about accessibility issues and that they were uncomfortable speaking about AODA issues.

What is The AODA?

The Accessibility for Ontarians with Disabilities Act [AODA] contains the MLSEs legal obligations as far as accessibility, along with the accessibility obligations of every public and private business with one or more employees in Ontario. Its goal is a fully-accessible Ontario when the law goes into full effect in 2025. In the meantime, parts of the law are slowly being phased-in and have been doing so since the law was enacted by the provincial government in 2005.

“The AODA is made up of five standards and the entertainment industry is unfortunately not one of them,” says Trish Robichaud, an AODA compliance expert. “But, all of the rest of the standards all have some application here, the biggest component being The Customer Service Standard, which came into effect on January 1, 2012.”

The key phrase in the AODA Customer Service Standard that the MLSE is legally obligated to uphold states the following: “Organizations must provide their goods and services in a fashion that takes into account the person's disability.”

“To me, if you're going to an entertainment event, that service provision is the entertainment and if I can't see the stage, that falls way short of The Customer Service Standard,” says Robichaud.

Systemic Barriers

In most cases, there's no bigger failure than not following the law, but these incidents point to a problem much bigger than violating what is legislated on paper. They provide evidence of the systemic and institutional barriers that allow such violations to become pervasive.

“Just because a venue is accessible does not mean it’s barrier-free,” says Lauri Sue Robertson, president of Disability Awareness Consultants. “Accessible customer service does not have to be 'barrier-free' service, but it must allow for customers to have independence, dignity, integration and equality of opportunity.”

These two cases did not provide those things. When Bronfman moved into the aisle for an unobstructed view, he was told to move back to where he couldn't see by an usher. It was only when a manager was called that he was given permission to stay in the aisle. Similarly, Penner was moved from the seat she paid for to two other seats that were further away and where her view was also obstructed by standing patrons.

“Systemic Barriers mean that his ability to access the service and disability in a manner that accommodated his disability was not only physically unavailable to him, but attitudinally unavailable as well. MLSE doesn't have a written policy that says they're supposed to act like they did, but when everyone in an organization thinks it’s not a big deal to place a person back in a place that doesn't accommodate them these are systemic barriers,” says Robichaud.

“If your ushers have top-of-mind knowledge of how to handle outside the norm situations – and disability might be that to them – then you don't have ushers directing a person with a disability back to an inaccessible situation.”

AODA Compliance Training

How does one gain top-of-mind knowledge about how to accommodate those with disabilities? It takes a little training, a little empathy and a little common sense.

When we spoke to Robichaud she'd just finished training 600 customer service agents at Pearson Airport and were she to train the ushers at the Rogers and Air Canada Centres, she'd start with some disability sensitivity training.

“I would teach them that everyone has a disability, that disability is a common part of life and that each and every one of us if we don't have one now, we either will have one or we care about somebody who will have one and it's not to be feared,” she says.

Once there's a level of understanding and empathy where a conversation can be started, it's important that anyone wronged in these matters receive an acknowledgement that they got lesser service.

Not only must the seating be elevated, but Robichaud suggests not selling seats along the width of – and at least three rows ahead of – the accessible sections, so that views remain unobstructed until the sections can be raised.

“I'm not sure how the MLSE Board of Directors would feel about the income they would lose by partitioning off those seats,” says Robichaud.

Apparently, they’d be quite happy to. In addition to their plans to raise the accessible sections, MLSE confirmed to The Star that they will not sell tickets directly in front of the accessible sections at concerts. However, they have yet to make that same commitment for sporting events.

Let's see what happens in September.