The city says architects were responsible for compliance with
regulations for disabled.
The Virginian Pilot
BY- TOM HOLDEN
January 8, 1997
VIRGINIA BEACH - As expected the city has sued the architects who designed the GTE Virginia Beach Amphitheater, claiming
any potential design flaws would be the responsibility of the architects and
not the city.
The suit
names CMSS Architects, which designed the $18.5 million concert showcase, as a
third party to another suit filed in December by the Endependence Center Inc.
of Norfolk and two private citizens.
The center sued the
city, its Department of Economic Development, and Cellar Door Productions of
Virginia, alleging the amphitheater does not meet architectural guidelines
established by the Americans with Disabilities Act.
The center claimed
in U.S. District Court that the amphitheater violates federal design
regulations on seating, concessions, telephones, signs, parking, walkways,
ramps and toilet facilities.
The city
believes the amphitheater meets the design criteria, which is set forth by the ADA.
In its suit, the
city in affect saying that its architects were responsible for making sure the
city complied with regulations affecting access for the disabled.
"It's a protective
move,” says Deputy City Attorney Richard Beaver. "We don't have expertise
designing buildings. A design professional has an obligation to meet all code requirements, in this case is the ADA.
"Should there
be any design defects that we're unaware of, that is if the court finds there
are, they may be attributable to the architects," he added. "But I
expect we’ll have a unified defense."
Suing has never been an option Endependence Center wanted to pursuer,
its officials have said. But the also claim that efforts to participate during
the amphitheater design phase were ignored, even though they have access to
experts who could help.
From the moment of the first shows May 15, the center said it received
complaints from disabled people who felt they were treated poorly by the
amphitheater staff and encountered
barriers.
Among the
complaints, the center said in its original suit, the handicapped parking was
not close enough to the entrances; walkways are interrupted by steps and
inclines that are too steep; grab bars on toilets are set in the wrong positions; and seating in the concession area is not
accessible.
Worst of
all, said some disabled advocates, the design of the facility prohibits people
in wheelchairs from having clear sight lines during parts in concerts when the
audience is standing and cheering. And, they argued, the lawn, which is the
largest area for public seating, is not accessible to people in wheelchairs.
Cellar Door
Productions, which is also named in both suits, has provided letters from
others in the disabled community who praised the design and treatment by the
staff.
"The
plaintiffs are not happy about filing suit," said Jeffrey J Beaton, the attorney who
represents the Endependence Center and the two individual plaintiffs.
“You can imagine about wanting to hear music and finding out that you
can't enjoy it for reasons that are illegal and your only recourse turns out to be a suit. I don't
think you'd be real pleased. Lawsuits are expensive, time-consuming and not the
right way to do business.”
"There is no animosity here,” Beaton added. “They're simply asking
a federal judge
to make a decision on the basis of ADA. "
Efforts to reach
the Virginia Beach
architect, Burrell Saunders were unsuccessful.