THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, January 8, 1997 TAG: 9701080410
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY TOM HOLDEN, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 67 lines
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 as set forth by the ADA.
In its suit, the city is, in effect, saying that its architects were responsible for making sure the facility complied with regulations affecting access for the disabled.
``It's a protective move,'' said Deputy City Attorney Richard J. Beaver. ``We don't have expertise in designing buildings. A design professional has an obligation to us to meet all code requirements, which 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 the Endependence Center wanted to pursue, its officials have said. But they also claim that efforts to participate during the amphitheater's 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,'' he 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.
KEYWORDS: VIRGINIA BEACH AMPHITHEATER LAWSUIT ADA
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