Well, you brought up an item that I hadn't even considered: an elevator for the upper theater... And to be perfectly honest, I don't know the answer... When I did my situation, I spent many hours wrestling with the ADA manual, and photocopied about 100 pages for reference, but I didn't have the upper theater to consider... I tend to lump the ADA requirements, health, building and fire codes into one catagory, as all their requirements need to be met to satisfy one, or more, of the required inspections... I guess you would need to research this question, but it also may be grandfathered to the extent that the balcony already exists... So, would you need an elevator for ANY theater with a balcony, in case a disabled person prefers the balcony to the lower floor?... I have every concern for the disabled, but common sense decrees that there will ALWAYS be some locations not suitable for them to gain access to without help, and others which just don't lend themselves to access regardless of what's done... I cared for my aged Mother, who became essentially disabled during her last years, and made many modifications to her home, but there were a few areas, even there, she couldn't use... I can tell you that I see daily examples of less than 100% compliance to ADA guidelines, even in new situations, not to mention prior existing ones... Until EVERY Federal, State, and local government building, park, monument, and entity is in 100% compliance with ADA requirements (and SOME will never be), it seems unlikely that these can be enforced in the private sector... However, if there is a COMPLAINT, you can expect repercussions... All in all, this is a very gray area!...