THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, June 20, 1996 TAG: 9606200399
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY TOM HOLDEN, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 81 lines
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.'' ILLUSTRATION: [Color Photo]
MORT FRYMAN
The Virginian-Pilot
They built it in a segregated way.
Stephen L. Johnson, executive director of the Endependence Center.
KEYWORDS: VIRGINIA BEACH AMPHITHEATER DISABLED by CNB