A national district judge on Wednesday denied the San Francisco 49ers ‘ request to dismiss an Americans with Disabilities Act lawsuit brought by Enrique Maya, 78, and his son Rick Maya, a 78-year-old man who has used a wheelchair since he was a youngster. In a situation that may set significant precedent for how clubs and venues have handled requesting wheelchair furniture, the prosecutor said.
The issue is whether the ADA mandates that a group provide alternate chairs for wheelchair users whose tickets do not include a wheelchair available seat.
While the legal troubles stemming from Enrique Maya’s day at Levi’s Stadium on Dec. 10, 2023, remain debated, there’s no debate he had a bad experience watching the 49ers network the Seattle Seahawks.

Enrique Maya’s problem says he joined Rick and two sons in what was a “last-minute” change in plans. Rick’s woman was supposed to go but became unwilling, but Rick invited his father, who said yes. The sister’s chair, which was seven actions from the plaza level, was never intended for a chair user.
When they arrived at the venue, the community realized they had n’t push Enrique’s chair to their chairs. But, Rick pushed the chair to an empty wheelchair-designated chair on the concourse level. An usher told them that they could n’t use that space since they did n’t have a ticket. Rick asked where else they could go, but the usher did n’t know.
The attendant therefore called safety, and shortly thereafter a protection staff member named Sean arrived. Sean, who the Mayas claim said it’s” not my problem” that they did n’t have the right ticket, said Enrique could watch the game on a TV hung from the ceiling in the concourse. But Rick said that was an intolerable design. His father would then be in a busy place, close to the men’s restroom and ale walk, and in the course of foot traffic. Sean reportedly responded that was their only choice, and he directed them to “move the head” or else they’d been asked to leave.
Finally, the Mayas say, three armed Santa Clara City officers officers arrived to check the talk, which included Sean threatening to release the family from the stadium. Enrique is said to have told his family to stay because he “did not want his family’s outing ruined on his account.”
At that point, Rick and his two sons lifted Enrique out of his wheelchair and took him to his ticketed seat. Enrique felt “embarrassed” as “people were staring” at him—a grown man—being carried, especially after those people had just seen the police arrive. He also felt “ashamed” that his son and grandsons carried him in front of a crowd of onlookers.
When Enrique was forced to use the bathroom, the situation escalated from bad to worse.
Although he” tried not to drink anything so that the need]to urinate ] would not arise”, Enrique “hated the experience of being carried so much” that he did n’t ask for help when “it became urgent to use the restroom”. Instead, he” spent the rest of the game in humiliation, dreading that his family would have to carry him back up the stairs at the end of the game,” and urinated on himself.

Additionally, he “felt worried that others would see or smell the urine.”
The Mayas claim that this time around the wheelchair spaces remained unoccupied. After the game, Rick called the 49ers ‘ customer service line and was informed that the team adhered to the rules and regulations. A supervisor noted that a person who does n’t have a ticket to a particular seat or space, even if it remains unoccupied, does n’t have a right to occupy that space.
Enrique is unwilling to leave the house for other things, including watching his grandson play baseball at his college, according to the Mayas, who claim the experience was terrifying. Through their attorney, disability rights specialist Celia McGuinness, Enrique and Rick bring claims under the ADA and state statutes. The ADA prohibits discrimination on the basis of disability in places of accommodation, including sports stadiums.
There is no disputing that Enrique Maya has a condition that qualifies as a disability under the ADA or that Levi’s Stadium must follow the rules, according to U.S. District Judge P. Casey Pitts in his ruling.
The issue is whether the ADA protected Maya in a situation where he wished to occupy a wheelchair-accessible area for which he had no ticket despite his ticket going to an area that was inaccessible to wheelchairs.
The 49ers contend that it is telling that nowhere does the “robust” ADA regulations for ticketing and seating at sporting events “include a requirement that a venue must permit a non-ticketed person with a disability to occupy an accessible ticketed location on demand.” The team also makes a point that the ADA does n’t permit a team or facility to allow a spectator to take a seat for which they did n’t purchase a ticket. As the 49ers see it, the law is clearly on their side.
The Mayas insist, however, that the ADA still applies to them. They point out that the 49ers have a policy that requires wheelchair users to “purchase wheelchair seat tickets in advance if they want to have a viewing experience comparable to that of other spectators” but that “non-disabled” fans are not required to pre-purchase tickets and can make the “last-minute” decision to change who uses a ticket. The Mayas argue that disabled persons are thus denied “full and equal enjoyment” of the stadium.
The 49ers also claim that there was no reasonable accommodation made to allow Enrique to use the unoccupied wheelchair spaces. The 49ers refute that claim, contending that the ADA does n’t require a spectator to be seated in a seat for which they are not able to get a ticket.
Pitts reasoned that the Mayas, who claim damages for emotional distress, humiliation and unwanted negative attention, have offered plausible arguments that ought to advance. He noted that the Mayas did n’t request a specific modification, but instead a reasonable one.
Thus, the case moves to pretrial discovery, which means that both sides will be asked to give sworn statements and provide evidence. This setback for the 49ers does n’t mean they will lose the case, but they’ll need to continue to litigate. It’s possible the two sides could reach an out-of-court settlement.