Couple considering lawsuit after alleged lack of ADA for Taylor Swift concert
CINCINNATI — A paralyzed Tri-State veteran who worried experiencing Taylor Swift's concert at Paycor Stadium last week would prove difficult said his concerns were justified after multiple alleged Americans with Disabilities Act (ADA) violations.
Brian Wickensimer said Swift was great, but everything else was far from it. The wheelchair-bound Hillsboro man said he even ended up soiling himself after staff failed to help him.
"I had to go to the bathroom and I asked where I should go and I was told I had to go back upstairs and I didn't know how to get through the fun house and well, it is what it is and I had an accident," he said. "So I got to sit in an accident for the rest of the show and I couldn't get it cleaned up until I got back to the van."
WCPO spoke with Wickensimer, who's been wheelchair-bound for 20 years, and his wife, Kristin, before Swift's performance last Friday. The couple expressed frustration over the stadium's policy prohibiting people with disabilities from bringing their personal mobility aids inside if they didn't have ADA seats.
Even though they purchased tickets during the Capital One presale last year, they said Americans with Disabilities Act (ADA) seats weren't available. Brian said he called Paycor in November and December and was told there wasn’t anything they could do until the day of the concert.
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Kristin was still able to nab front-row floor seats at the tip of the "T" catwalk. They were nearly $2,000 combined, but general admission and not ADA.
When WCPO reached out to Paycor before the concert, a spokesperson said the stadium was completely ADA-compliant and did have the necessary accommodations in place.
“We have wheelchair response teams in place that will take patrons to their ticketed seat from their entry gate using stadium wheelchairs before the show. After the show, patrons should flag down an usher who will call the wheelchair response team member to take patrons to the stadium perimeter," that statement read."
Despite the policy, Brian said he was able to stay in his wheelchair last Friday.
"They were taking other people's chair, but they didn't take mine so I was happy about that," he said.
But that's the only praise he can give, Brian said.
When they arrived at the stadium at 9:30 a.m. in an effort to claim an accessible parking spot in Lot E next to Gate E, there was only one van parking spot in the entirety of the parking lot, he said, and there were no handrails along the ramp that led up to the gate.
Handrails are required on both sides of a ramp if it has a rise greater than six inches or a horizontal projection greater than 72 inches.
Once they got to Gate E, there was no wheelchair-accessible entrance and they were told to wait in the middle line of concertgoers because it was the only one big enough to fit his wheelchair, Brian said.
"At this point, the crowd was very large and the heat excruciating. While waiting, three people needed medical attention for heat exhaustion. I was pushed and shoved while waiting to get in," Brian said.
While waiting for someone to help them get down to the floor level, Brian said Kristin was suffering from slight heat exhaustion and needed to sit down. He went to get her food at a concession stand, but said he was once again met with difficulty.
"There was no lower kiosk," he said. "I asked an employee for help, and I was told they aren’t allowed to help. I asked a stranger who helped complete the transaction."
Brian said when he went to find a bathroom in his area, the handicap stall was out of order. When he tried to use a different bathroom, he managed to find one that was ADA accessible, but it was closed with a sign reading "Staff Only" he said. Brian said he ended up having an accident when they were locked into a seating area later that night.
The couple said they eventually flagged down a janitor who took them down on a service elevator but once they got to their seats, which were two aisle seats, they weren't able to access them.
"There was an additional row, which meant I couldn't go down the metal barrier and park my seat at the spot I was in," Brian said.
They were then moved several sections back to a metal ADA riser at the far end of the field.
"This section had 0 wheelchairs in it, 0 canes, 0 walkers, and 30-50 people jumping around and dancing. I asked several Swifties if they had ADA tickets and they said, 'Yes,'" Brian said.
Kristin shared photos she snapped from their spot on the riser, showing Brian face to face with a metal bar blocking his view.
Kristin Wickensimer
"It's supposed to be an ADA riser. For him to see the show — the bar is right here at his eye level. He was like (ducking and raising his head) all night," Kristin said. "That's an obstructed view. That's not a $2,000 ticket right there."
Kristin said she was never given a companion chair despite asking staff for one repeatedly. A man on the riser eventually gave her his when he went to dance with his daughters, she said.
"Where was this wheelchair crew they kept praising that was going to be there when you called them?" Kristin said.
"They were supposed to have a wheelchair assistance team. We asked for it numerous times. No assistance team came and helped us," Brian said.
Requesting comment from Paycor once again, WCPO brought the couple's account to the stadium's attention. Paycor responded soon after with this statement:
“We will review these patron concerns internally with our staff to address them for future events. Our priority is to always provide a positive experience for all of our guests.”
The couple said they've been trying to get Ticketmaster to refund their tickets since they were moved from the front row to the end of the field, but they've been struggling to receive much response. The last communication they received was a message telling them "Your event has already passed and the Event Organizer doesn’t allow refunds unless the event was canceled. If your event was canceled you should have already received a notification with instructions about your refund."
Now they're speaking with lawyers and while they don't want to file a lawsuit against Paycor, they said they will if they have to.
"I think the U.S. Department of Justice needs to step in and actually set up a monitoring period at Paycor to identify how rampant are the ADA violations," Brian said. "There needs to be oversight because Paycor isn't responsible enough to do it themselves."
Kristin said in the meantime, she's holding on to some of Taylor Swift's own words, which she said are especially relevant right now.
"'There is a time for silence. There is a time for waiting your turn. But if you know how you feel and you so clearly know what you need to say you'll know it. I don't think you should wait. You should speak now," Kristen quoted.
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Source: WCPO 9 Cincinnati
