United States of America, Plaintiff, v. Ellerbe Becket, Inc., Defendant - Consent Order

A. Background

1. On October 10, 1995, The United States filed a complaint to enforce title III of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §§ 12181 through 12189, against Ellerbe Becket, Inc. ("Ellerbe"), an architectural firm headquartered in Minneapolis, Minnesota.

2. The complaint filed by the United States alleges that Ellerbe has engaged in a pattern or practice of discrimination in violation of title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 through 12189, by participating in the design and construction of several new sports stadiums and arenas which are not readily accessible to and usable by individuals with disabilities. See 28 C.F.R. § 36.406, and 28 C.F.R. Part 36, Appendix A ("the Standards for Accessible Design"). The complaint alleges that in several stadiums and arenas designed and constructed by Ellerbe for first occupancy after January 26, 1993, Ellerbe has failed to provide wheelchair seating locations that offer people with physical disabilities lines of sight that are comparable to those for members of the general public, in that most or all of the wheelchair locations do not provide a line of sight to the floor, ice, or playing field over other spectators, when those other spectators stand up. See Standards § 4.33.3.

3. Ellerbe denies that it has violated title III of the ADA. This agreement is a compromise of disputed claims and does not represent, and should not be construed to be, an admission of liability on the part of Ellerbe.

4. During the pendency of this action, Ellerbe filed a Motion to Dismiss on the grounds that architects are not liable for violations of title III of the ADA and therefore may not be subjected to enforcement actions brought by the United States. The Court denied this motion, holding that architects may have liability under title III. United States v. Ellerbe Becket, Inc., 976 F.Supp. 1262 (D. Minn. 1997). Ellerbe continues to maintain that title III of the ADA does not provide a cause of action against architects; however, for purposes of this agreement only, Ellerbe does not contest the Court's jurisdiction.