Designer Not Liable for ADA Violation

A judge for the Federal District Court of the District of Columbia dismissed Ellerbe Becket Architects and Engineers from a suit filed against the MCI Center alleging a violation of the Americans with Disabilities Act (ADA).

In the case, the Paralyzed Veterans of America sued the owner, design-builder and architect of the MCI sports arena primarily for inadequate sight lines for disabled individuals. The AIA filed an amicus curiae (friend of the court) brief in support of Ellerbe’s motion to dismiss.

In dismissing Ellerbe Becket from the case, Judge Thomas Hogan stated that the statute places responsibility for ADA compliance with owners, operators and lessors of covered facilities. In his opinion and order, the judge wrote that the court is convinced the relevant sections of the Act do not "hold architects liable for the failure to design and construct facilities in accordance with the Americans with Disabilities Act."

The judge also noted that if Congress had meant to include architects as potential defendants under the statute, it would have done so expressly.

This is the first court decision that speaks directly to an architect’s liability under the ADA. According to an AIA Board of Directors memorandum, "The legal effect of the decision is that architects cannot be sued directly under the ADA in cases brought in the District of Columbia. Architects may still be subject to professional negligence claims by owners or injured citizens for failure to design in compliance with ADA regulations, but the professional standard of care will apply in such cases.

"On the one hand," continued the memorandum, "the direct precedential value of this decision is limited to the Federal District Court of the District of Columbia. On the other hand, Judge Hogan is a respected judge in a district that regularly construes federal statutes."

Based on this decision, design firms can expect to see project owners pushing for contract language making the designer responsible for ADA compliance. See XL Design Professional’s The Contract Guide for appropriate strategies to respond to such owner actions.