FACT SHEET

United States v. Madison Square Garden et al. Settlement

Seating

• The Garden Arena has numerous seating configurations, each one of which affects available seating locations. The primary ones are designed to accommodate basketball, hockey, and concerts. The Arena can also be used for boxing, tennis, the circus, horse shows, ice shows, track and field, wrestling, and dog shows. While the Consent Decree generally focuses on basketball, hockey, and concert configurations, the Garden has agreed to make the wheelchair and companion seating locations available in all configurations that can accommodate them.
• By November 4, 2007, the Garden has agreed to provide two wheelchair and two companion seats on the Arena floor for basketball games. These seats will be located in the front row, court-side, and may be arranged as single wheelchair locations (each with an adjacent companion seat). For all other configurations that permit seats on the Arena floor, those seats will be provided by January 31, 2008, in the front row and grouped so two wheelchair users can be seated together. For hockey games and other rink-sized seating configurations, the Garden has agreed to provide two wheelchair and two companion seats rink-side by January 31, 2008.
• By October 1, 2008, the Garden will provide 48 additional wheelchair and companion seats as follows: (a) 2 wheelchair and companion seats on the Arena floor or rink-side; (b) 4 wheelchair and companion seats between Sections 68 and 69; (c) 5 wheelchair and companion seats in Section 95; (d) 5 wheelchair and companion seats in Section 97; (e) 8 wheelchair and companion seats in Sections 302-303; (f) 7 wheelchair and companion seats in Sections 316-317; (g) 7 wheelchair and companion seats in Sections 327-328; and (h) 10 wheelchair and companion seats in Sections 421-422.
• The Garden has agreed to install seats that have no arm rests or are equipped with folding or removable arm rests— also known as designated aisle seats—that will be dispersed throughout the Arena. All of these seats will be on, or located within two rows of, a cross aisle.
• In particular, the Garden has agreed to provide a total of 60 designated aisle seats in the Arena. By January 31, 2008, the Garden will install 20 such seats. By October 1, 2008, the Garden will install another 40 such seats. All of these seats will be available for sale to individuals with disabilities except that, to the extent any of the 60 seats are subject to season subscriptions for Rangers or Knicks games, the Garden is not required to revoke or modify any subscriptions for the current season. Thereafter, the Garden will ensure the availability of at least 10 additional such seats each year for basketball and hockey games as well, unless by July 1, 2009, the Garden provides sufficient documentation that it is relocating or substantially renovating the Arena. The dispersal of the designated aisle seats is subject to the government's approval.

Architectural Barrier Removal

• The Garden has agreed to remove a series of architectural barriers by January 31, 2008. These barriers affect the path of travel to the seats that the Garden has agreed to provide for the 2007-08 basketball and hockey seasons. The Garden has further agreed to remove hundreds of additional architectural barriers to access by October 1, 2008. These barriers affect the path of travel to the additional 48 seats that the Garden has agreed to provide prior to the 2008-09 basketball and hockey seasons.

Assistive Listening System

• The Garden has agreed to ensure that the Arena has an adequate and sufficient assistive listening system with equipment to serve no fewer than 50 individuals, and will obtain equipment to serve an additional 25 individuals by January 31, 2008. If requests made during or in advance of any event exceed the Arena's available supply, the Garden has agreed to ensure immediately that the Arena has the ability to provide equipment to serve the greater of (1) an additional 25 individuals or (2) the number of individuals for whom such equipment has been requested provided that the request was made more than 20 days prior to the event. The Garden has further agreed that it has an ongoing obligation to provide additional equipment each time requests exceed the Arena's available supply, until the Arena has equipment to serve 750 individuals. Finally, the Garden has agreed to prominently post signs concerning the availability of such equipment at all entrances and ticket windows, as well as at locations throughout the Garden.

Ticket Policies and Pricing

• The Garden has agreed to ensure that its ticketing and pricing policies for events at the Arena afford individuals with disabilities the opportunity to benefit from the Garden's goods and services in a manner comparable to that afforded other individuals. In particular, the Garden has agreed to give first preference for tickets for wheelchair locations and companion seating for all events at the Arena to persons who request such seats for reasons relating to a disability.
• The Garden has agreed to a ticket release policy that will hold five wheelchair locations (and companion seats) until 9 a.m. on the day prior to the event, and then will hold two wheelchair locations (and companion seats) until the event itself.
• Before October 1, 2008, all wheelchair seats, companion seats, and accessible aisle seats will be offered on a gameby- game basis, not on a season subscription basis.Beginning October 1, 2008, no more than fifty percent of these seats in each price range may be offered on a season subscription basis.
• Before October 1, 2008, the court-side or rink-side wheelchair seating in the Arena will be offered for sale at no more than $110, except for events in which a third party promoter sets the ticket prices. Beginning October 1, 2008, tickets for wheelchair seating will be offered for sale at or below the price for other seats located in the same row of the same section in the Arena.

ADA Coordination and Publicity

• The Garden has agreed to continue to designate one or more people to coordinate efforts to assist persons with disabilities with respect to the accessibility of the Garden's services and facilities, including the purchase of tickets. The Garden will have at least one representative from its Disabled Services Department available, either in person at the Garden or by telephone, on the day of every Garden event and during the entire duration of each Garden event. The Garden has further agreed to train front-ofhouse staff with respect to the Garden's policies and procedures concerning accessibility for individuals with disabilities.
• The Garden has agreed to publicize the availability of wheelchair seating, companion seating, designated aisle seating, and assistive listening devices in all event schedules, pamphlets, programs, advertisements, and publications (including the Garden's Web sites) that contain information concerning seating at the Garden, and to post signs at ticket booths, ticket windows, and all public entrances stating the availability of these seats. The Garden has also committed to spend at least $10,000 per year for three years on advertisements, directed to those with mobility impairments, promoting the availability of accessible seating.

Miscellaneous Provision

• The Garden has agreed to pay $55,000 to the United States. Alterations and New Construction
• If the Garden decides to relocate from its current site, or construct a new facility, the Garden has agreed that any relocated or new facility will be fully compliant with the ADA.
• If the Garden decides instead to substantially renovate the current Arena, the Garden has agreed that any renovated Garden will be fully compliant with the ADA.

Future Enforcement Action

• With respect to the Arena, the Government has agreed not to seek further relief, beyond that which has been agreed to in the Consent Decree, prior to July 1, 2009. If, prior to July 1, 2009, the Garden presents satisfactory evidence that it is, in fact, going to relocate to a new facility by no later than October 1, 2013, or made plans to substantially renovate the current Garden beginning no later than July 1, 2011, and to be completed no later than October 1, 2013, then the Government has agreed not to seek further relief with respect to the existing facility. If the planned relocation or renovation fails for any reasons to meet this schedule, then the Government will be free to seek further relief against the Garden in addition to that set forth in the Consent Decree, provided that such further relief will be implemented for 2010-11 basketball and hockey seasons and thereafter.

Pendency of the Lawsuit

• The parties have agreed that the lawsuit will be dismissed once the Garden has completed its relocation, new construction, or renovation of the present Arena. Otherwise, if the Government elects to proceed with this action if the Garden has chosen not to relocate or renovate, the suit will continue until the Government's claims have been finally resolved.