NORTH ROYALTON, Ohio — Sunday's Browns game was a big disappointment for a Browns fan and his family, and not just because of the scoreboard.
Jeffrey Nickshinski, 22, was so excited to go to his first Browns game in years. Nickshinski was diagnosed with DuChenne muscular dystrophy at the age of 7, and now requires the use of a wheelchair.
He and his father got regular-seating game tickets from a friend, and as they've done in the past, they went to Guest Services at First Energy Stadium on game day, to exchange their tickets for wheelchair-accessible seats.
But they were told that those seats were sold out.
According to Nickshinski, several of the wheelchair-accessible seats were being occupied by able-bodied people. None of them would switch seats with Nickshinski, whose seats were 6 rows away.
"The one guy said that he was not handicapped, and he was just sold the tickets," said Nickshinski. "I had to be carried to my seat by my dad."
His mom, Valarie Fendrick shared her anger and disappointment on Facebook, accusing the team of selling handicapped seats to non-handicapped people.
"I was crushed," she said. "My heart broke into a million pieces."
According to the Great Lakes ADA Center in Chicago, the Americans with Disabilities Act says venues are allow to sell accessible seats to the general public if the venue, section, or price tier have sold out.
"But there are best practices that an organization can adopt," said Peter Berg, Project Coordinator of the Great Lakes ADA. "Organizations can have a policy that, if on the day of the event, they reserve the right to re-seat you if there is someone with a disability needs the seat."
A spokesperson for the Browns was not able to confirm whether the organization releases unsold wheelchair accessible seats for sale to the general public, but did confirm that organizations are not allowed to ask for verification of a disability.
Fendrick has a message for the people without disabilities, who bought seats intended for people with disabilities.
"Be kind. Be compassionate. Have empathy," she said.