The Virginian Pilot
BY- Tom Holden
June 20, 1996
Less than two months
after its amphitheater opened, the city is confronting charges that the $18.5
million entertainment showcase does not comply with the Americans with
Disabilities Act.
Advocates for the
disabled say important sections of the facility, such as the lawn, corporate
box seating, and sections close to the stage, are not accessible to people in
wheelchairs.
“The whole
situation is sad,'' said Stephen L. Johnson, executive director of the
Endependence Center, a nonprofit, Norfolk-based group that advocates for the
disabled.
Mark R. Wawner,
project development manager for the Virginia Beach Department of Economic
Development, strongly disagreed with Johnson, saying the facility can
accommodate wheelchairs and people with hearing and sight problems.
“We are in 100
percent compliance with ADA laws,'' Wawner said. “The project was reviewed by
our city building officials who felt when they issued the permits for
occupancy, and still feel, that it meets both the spirit and letter of the
law.”
To reach common
ground, the Mayor's Committee for the Disabled, the amphitheater's designers
(CMSS Architects) and representatives of the Endependence Center will meet at 4
p.m. today at the Central Library to discuss their positions.
It's not that the
amphitheater lacks handicapped seating. It has, in fact, an entire section in
the gold circle area for people in wheelchairs, but that's partly what bothers
the Endependence Center.
The ADA, enacted in
1990, sets minimum architectural standards for new buildings so that they will
be fully accessible to all people.
Generally, the act
calls for disabled seating to be “dispersed'' throughout a given arena. A
person in a wheelchair should be able to visit any place in the amphitheater - from
the bathroom to the dressing room.
“There is one
segregated handicapped section at the amphitheater, no access to the lawn area,
no access to box seats and one section for people in wheelchairs,” Johnson
said. “The major problem is that the building code requires handicapped seating
to be dispersed seating, dispersed throughout the place. “
“They built it in a
segregated way. Not only did they have all the handicapped in one section, but
they designed it in such a way that when people stand up, the people in
wheelchairs cannot see past the people in front of them.”
Wawner said
Wednesday that the ADA allows exceptions in special circumstances, especially
when it comes to lawn seating at outdoor arenas.
“The slope on the
lawn is 7 to 12 percent,'' he said. “The ADA says it's unsafe for a person in a
wheelchair to be on a lawn with a slope greater than 5 percent.”
CMSS Architects had
to design a slope for an estimated 12,500 lawn patrons and give them a good
sight line to the stage, which required a grade steeper than 5 percent. In
situations like this, Wawner said, the code allows exceptions to the
“dispersal” rule and allows handicapped people to be grouped.
City Councilman
Robert K. Dean, a longtime advocate for the disabled and chairman of the Mayor's
Committee on the Disabled, said he had concerns about the seating.
“If you had a
family of four and a child who is disabled, then there is an area reserved for
that disabled child and adjacent to that spot is a seat for an able-bodied
person,'' Dean said. “But there is no room for other members of the family, and
that's because it's designed for a wheelchair and one other person.”
On Wednesday,
Burrell F. Saunders of CMSS Architects defended the work of his firm: “I was
offended by the charge. It is clear in the documents that the Justice
Department issues that this exemption exists. They did not put it there if it
weren't for use. You have to have a sloped facility to get a lot of people in
and have the right sight lines. “
“Just as everyone
wants to be treated fairly, the people working in this area deserve to be
treated well, too. To assume that we don't care when we do is disconcerting.”