Disabled man feels shut out of accessible seating as venues — including Rogers Arena — fail to stop abuse

A Langley, B.C., man who often relies on a wheelchair says he can rarely attend hockey games or concerts at Rogers Arena because seats are often taken by people who might not need them.

After a 2006 car accident, Michael Coss suffered a traumatic brain injury and spent six months in a coma. Despite daily physical therapy, he is at high risk of falling and uses a walker or wheelchair. He lives in a group home and says leisure activities are essential.

“It’s important for me to have a sense of normalcy,” said Coss. “To be able to enjoy simple things. Life can’t just be about rehab.”

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The accessible sections at Rogers Arena might be considered prime seating areas. They’re designed for people to manoeuvre wheelchairs and other mobility devices, so there’s plenty of legroom, only one row of seating so no one is squeezing by to get to their seat, and chairs that can be pulled up for attendants or family and friends of those with disabilities. There’s often a ledge that provides a convenient spot for food and drinks.

Major venues across the country sell these designated accessible seats on the honour system — people simply have to tick a box saying they need the seats, and there’s no proof required. 

Coss says that’s leading to abuse by many people he sees sitting in the section.

“No wheelchair. No cane,” he said. “That section should be for people with a physical or cognitive disability.”

Advocates say Coss’s experience reflects a broader problem: those who abuse the system are leaving people who actually need the seats shut out and, and nobody — including venues, ticketsellers or the government — is stepping up to solve the problem.

‘They were bragging’

Michael’s father Bob Coss acknowledges that some disabilities are invisible. But says he was able to get tickets to a recent hockey game, where he overheard two men nearby, openly boasting about how easy it was to sit in the accessible section.

“They were bragging about being able to buy these tickets, even though they had no disability,” said Bob. “It’s not only frustrating, it is totally unacceptable.”

To investigate who is sitting in seats clearly designated for people with disabilities, Go Public purchased tickets at Rogers Arena for a concert directly behind an accessible section.

Of the thirty people seated, only two were in wheelchairs. One person had crutches. Everyone else walked in and out, with no indication of a mobility issue, although some may have had invisible disabilities — such as a physical, mental or neurological condition that isn’t obvious but significantly affects a person’s daily life.

When Go Public approached a woman walking out of the section, she said the section is intended for people who are in wheelchairs, but that anyone can buy tickets online. She then said she had fractured her foot. 

Another man said quietly that he and his wife often purchase tickets in that section because there’s lots of room and the views are very good.

Rogers Arena cites ‘privacy’

The owners of Rogers Arena, Canucks Sports & Entertainment, told Go Public the venue uses an approach that upholds “the privacy and dignity of all fans” and that because some disabilities may not be formally documented, their goal is to be “respectful, fair, and inclusive.”

The spokesperson also said the seating is not limited to guests who use wheelchairs, despite a sign outside the section that explicitly states the area is for people requiring wheelchairs and other mobility aids.

“These spaces support fans who may be recovering from injuries, have difficulty navigating stairs, experience anxiety or mobility limitations, or live with temporary or invisible disabilities,” the spokesperson wrote. 

But a disability rights advocate and retired lawyer says Rogers Arena — and other venues — could do much more to prevent abuse of the system.

“The claim they can’t do anything and just have to sell the ticket to whoever, is self-serving nonsense,” said David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance. 

“All it does is fail to fulfil their duty to accommodate.”

Legally, there’s nothing stopping a venue from asking for proof of a disability or medical issue that requires accessibility in order to ensure designated seating isn’t abused, said Lepofsky, but the venue can’t ask for details. 

“It needs to be as limited as possible, and the information received must be treated as private,” he said.

Ticketmaster test

Go Public went online to test how accessible seating is sold at major venues using Ticketmaster across Canada — including Vancouver’s Rogers Arena, the Canada Life Centre in Winnipeg, Rogers Centre in Toronto and Scotiabank Centre in Halifax. 

At every venue, buyers are asked to confirm someone in their party requires accessible seating, but no proof is required.

WATCH | Ticketmaster uses an honour system online:

Ticket system for accessible seats fails disabled fans, wheelchair user says | Go Public

A B.C. man who uses a wheelchair to attend hockey games and concerts tells CBC’s Go Public major venues and Ticketmaster have not done enough to ensure accessible seats are going to those who need them. 

A Ticketmaster spokesperson said the company shares frustration over those abusing the system, but said “the law does not allow us to require proof of disability to preserve fans’ privacy.”

“What law?” asked Lepofsky. “It sounds like communications people coming up with excuses.”  

Later, Ticketmaster said it agreed that requesting documentation from a health professional is not unlawful but might “raise concerns” around “dignity, autonomy, equal access, and privacy.”

However, in the U.K., Ticketmaster abides by a system that does require proof of disability at thousands of venues and events. Patrons submit documentation — medical letters or benefit records — to get what’s called a Nimbus Disability Access Card, which provides a unique registration number for online purchases and photo ID to present at events. 

No such system exists in Canada.

A section on the ticketing giant’s website says people who abuse the system could have their tickets cancelled. When Go Public asked Ticketmaster how many times the company had cancelled orders in the past year, a spokesperson said that could not be tracked.

Similar to an accessible parking pass

Bob Coss says Canada not having a similar system to the U.K. is inexcusable, given that the status quo is not working. 

He proposes a system similar to the current requirement to display a parking permit if you want to park in an accessible spot — where people would present a pass at the venue, showing they have a need for accessible seating.

The executive director of the B.C. Brain Injury Association, Janelle Breese Biagioni, says she supports the idea because it can be done quietly, “behind the scenes.” 

“That’s not targeting people publicly to shame them … that’s assisting them,” she said. “That’s what accessibility is.”

She points out that people entering an accessible seating section have already self-identified as having a disability.

A spokesperson for Rogers Arena did not specifically address the idea of a pass, writing that the organization is “committed to exploring thoughtful solutions.”

Government doesn’t regulate accessible seating

Since disability rights are overseen by provincial governments, Lepofsky said it’s up to the B.C. government to ensure accessible seating is reserved for those who actually need it.  

“Provincial regulations should be enacted to let obligated organizations know what they’re supposed to do,” said Lepofsky. “So people with disabilities don’t have to litigate these barriers one at a time.”

B.C.’s parliamentary secretary for accessibility, Dana Lajeunesse, said in a statement that it is “disheartening” when accessible seating isn’t used as intended, and that the government is “actively working” with the disability community to “strengthen clarity, training and accountability around accessible spaces.”

A spokesperson also said the ministry “does not currently regulate accessible seating for entertainment venues” — and when asked who might, referred further questions to Rogers Arena.

Lepofsky calls it all frustrating finger pointing.

“When individuals with disabilities who need accessible seating try to get the few seats that are available, they can run into this bureaucratic runaround,” he said. “Everybody blames everybody else.” 

No one from the B.C. government, Canucks Sports & Entertainment or Ticketmaster agreed to an on-camera interview.

Still hoping to score seats

Michael Coss, who is a big Montreal Canadiens fan, dreams of attending an NHL playoff game.  

Neither he nor his father is optimistic that if the team makes it that far, they’ll be able to score accessible seats, but they hope that speaking out will be a win for all people with physical disabilities. 

“Michael does not have many opportunities in life to really enjoy himself,” Bob said. “Addressing this issue could bring awareness and encourage venues to prioritize those with genuine accessibility needs.”