DATE: Tuesday, April 22, 1997               TAG: 9704220348

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY JO-ANN CLEGG, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   71 lines

AGENCY LINKS FUNDING SNUB TO ITS LAWSUIT AGAINST BEACH THE ENDEPENDENCE CENTER HAS GOTTEN CITY FUNDS FOR 14 YEARS.

The city faces a new charge of discrimination against the disabled after a non-profit agency suing the city was omitted from next year's proposed municipal budget.

The Endependence Center, which provides counseling and support services to people with physical and sensory disabilities, has received funding from the city for 14 years but is slated to get nothing in the proposed 1997-98 budget.

Center officials say the budget slight was retaliation for the lawsuit pending against the city. The suit, which alleges that the Virginia Beach GTE Amphitheater does not comply with the Americans with Disabilities Act in providing adequate seating, is scheduled to be heard in August. The Endependence Center filed the suit along with several individuals.

``They've supported us for 14 years, and as far as I know they are the only city to pull funds,'' said Richard DiPeppe, the center's community services director. ``What does this say about anyone who challenges the city?''

The Americans with Disabilities Act specifically forbids any form of retaliation against an individual or group that files suit alleging discriminatory policies or practices.

``The ADA speaks clearly to retaliation,'' said DiPeppe. ``If this is a case of retaliation, we'll add this to our suit right now.''

The funding issue leaves the city with a political and legal hot potato. If the city funds the center, it will be using tax money to support an organization that is suing it. Not funding the center, however, leaves the city open for yet another suit.

About 20 percent of the funding for the Endependence Center's $900,000 annual budget comes from South Hampton Roads cities, including Virginia Beach. Most of the remainder comes from state and federal grants.

The agency received $32,500 from the city this year and asked for $45,614 next year. What the Endependence Center has been allocated, instead, is zero.

Of the 14 human services agencies and groups listed in the city's Regional Allocations budget, the Endependence Center is one of only two slated to receive nothing. The other 12 groups are budgeted to receive the same amount or more than they were given this year. Forward Hampton Roads, which received no funds this year, is budgeted to receive $432,278 - the second-highest amount of any group.

Tidewater Legal Aid Society is the only other group not receiving funding next year. It received $8,750 this year.

Although the city manager is responsible for proposing the budget to the City Council, it is difficult to determine who on city staff recommended eliminating the center's funding because it falls under the ``non-departmental'' section.

City officials decided to comment on the matter through a written statement.

``Funding decisions for charitable organizations are the result of independent, discretionary recommendations by the City staff,'' the press release said. ``Funding of this organization is not required by law, tradition or policy.

``The final decision on funding is to be made by the City Council. This year, the city manager has recommended that this segment of funding for the disabled community would be better used to install improvements at the amphitheater that provide a direct benefit to persons with disabilities.''

DiPeppe said he learned of the budget omission last week after receiving a letter from the city.

``When our members started calling council members about it, not a single one knew we had been pulled out of the budget,'' DiPeppe added.

Mayor Meyera E. Oberndorf was one of those who was surprised.

``It was left out by staff. I didn't know about it until I started getting calls,'' she said. ``I've told the Endependence Center that I plan to put, as one of my top priorities, getting their funding back into the budget.''

Although they applaud Oberndorf's support for restoring the funding, staff members of the Norfolk-based agency still want to know why their request was denied.

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