Amphitheater lawn still inaccessible because of grade and safety
concerns
The Virginian Pilot
BY- JANET DUNPHY
November 22, 2004
When country music star Toby Keith
played at the Verizon Wireless Amphitheater in September, Virginia Sprague was
mad she had to miss the concert.
“I wanted to go so bad,” said
Sprague, 28. “It was my birthday and I had the money.”
But she skipped it for two reasons.
Sprague has debilitating joint problems that make it both painful and difficult
for her to climb stairs, which is necessary to get to the lawn seating.
Avoiding the concert was also a
protest of sorts. Sprague is a member of a group with disabilities called the
Young Endependent Advocates Team that for two years has lobbied to get the
amphitheater lawn handicap accessible.
The amphitheater, which opened in
1996, is owned by the Virginia Beach Development Authority and managed by Clear
Channel Entertainment.
The team received word on Sept. 10
that no changes would be made to the lawn. Kathryn Gage, the team’s
spokesperson, said Matt Rogers, Clear Channel’s executive director, did not
give an explanation.
Roger did not return phone calls.
But Mark Wawner, the authority’s project manager, explained the decision.
“There’s no way to make it work with
the physical configuration of the lawn,” Wawner said. “It’s a slope and it
isn’t safe for wheelchairs.”
Wawner said the lawn is 12 to 15
feet high and an accessible ramp would have to be several hundred feet long. A
ramp at the back of the lawn does not meet the requirements of the Americans
with Disabilities Act, which was passed in 1990.
“You can walk up the ramp, but to
physically push a wheelchair up it would probably give you a heart attack,”
Wawner said. “We don’t encourage it.”
Further, to create a seating area
specifically to people with disabilities would mean segregating them, which
both parties oppose, Wawner said.
“This group is not going to give up
on getting the lawn accessible. We’ve taken on plenty of projects and we’re not
going to give up on this one,” Gage said. They were successful in getting the
Sprit of Norfolk ticket booth handicap accessible, for example.
The team is supported by the
Endependent Center in Norfolk, a nonprofit organization that serves people with
disabilities. The center sued the authority in 1997 because the amphitheater
didn’t comply with the ADA. The city ended up making changes to the parking
lot, restrooms, merchandise and food booths, public telephones, seating areas
and ramps not connected to the lawn.
But the issue of lawn access was
never settled. Team member say they want to be able to attend concerts with
groups of friends and enjoy the ambience of the lawn that the seats provide.
“You get to hang out with people and
get the atmosphere under the stars,” Jennifer Thornburg, 27, choosing a phrase
that the amphitheater often uses in promotions. “If they don’t want physically
challenged people on the lawn, they shouldn’t advertise for anybody.”
The lawn seats are less expensive
than the stadium seating. However, a person with disabilities and several
friends can get a stadium seat at the lawn price, explained Wawner. The
amphitheater Web site says ‘accessible seats” should be requested in advance for
the best available seats. Wawner said all seats for available to the public on
a first-come, first-serve basis.
Attorney Jeffrey Beaton argued for the
Endependence Center seven years ago, but has not been consulted recently. He
did not want to comment on the past case.
“There was a disagreement as to the
lawn, I can tell you that,” said Beaton.
According to a timeline provided by
the team, its efforts at accessibility date to September 2002 when it gathered
a petition with 250 signatures from individuals and businesses. The following
month, they scheduled a meeting with Ken MacDonald, the former manager of the amphitheater,
but it was canceled because the management was in transition.
Nine months later, Wawner, Rogers
and Richard DiPeppe, the Endependence Center’s director for advocacy and
services, met at the amphitheater to talk about accessibility. In s follow-up
letter, DiPeppe provided Rogers with information on companies that make outdoor
lifts and he also suggested that Rogers visit the nTelos Pavilion in
Portsmouth, which has a ramp to it’s lawn seating.
After nine months, in March 2004,
Rogers emailed another coordinator at the Endependence Center seeking a phone number
for Gage. In September, Gage got the “no” from Rogers.
They have strung these young people out
in a very dishonest way for two years,” DiPeppe said. “What’s it say about the
city of Virginia Beach and the inclusion of its citizens? It’s bad business.”
But Wawner said it hasn’t dragged on
for two years.
“They keep coming back to us and we
keep coming back to the same conclusion,” he said. “It won’t be safe.”
Wawner said he has looked at other
venues across the country and only a few are handicap accessible.
“The Portsmouth facility is totally
different. They are at a grade,” he said. “We’re way up in the air.”
Also, the nTelos lawn holds 2,000
while the amphitheater lawn holds 12,500.
Wawner said it isn’t a building code
issue or an ADA issue, but as DiPeppe and said he is ready to advise the team
on further action if they ask.
The team also wrote Lynnhaven
Councilman Jim Wood and Sen. Frank Wagner (District 7, Virginia Beach) last
February. In a written response, Wood suggested they meet with Clear Channel
representatives and said they could contact him in the future if necessary. He
hasn’t heard anything since then.
“I certainly think it should be
fully accessible to the disabled. I don’t know what the objection to it is,” he
said, “unless there is a problem with the elevation.
“I would imagine there are several things
the could be done to retrofit it, like a series f ramps or lifts,” said Wood. “I
would be very interested to hear why they can’t do it.”
David Grochmal chairs the Beach’s
Mayor Committee for People with Disabilities. Formerly the city’s ADA
coordinator, he said that recent interpretations of the law indicate that
theater and outdoor venues in a variety of settings should be handicap
accessible.
“The mayor’s committee feels
strongly that all venues should be accessible,” said Grochmal, adding that the committee
hasn’t formally addressed the amphitheater problem. “I believe we would
strongly encourage the city to make it accessible.”