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(A version of this article appears in the California
Construction Law Reporter, published by the West Group.)
By James E. Acret
Plaintiffs
sought injunctive relief against architects, alleging failure
to "design and construct" a multiplex theater
with proper wheelchair access. The architects were neither
owners, lessors, lessees nor operators of the theater complex.
The District Court granted summary judgment in favor of
the architects.
The
Court of Appeals affirmed. Lonberg v. Sanborn Theaters,
Inc., 259 F.3d 1029, 2001 DJDAR 8235 (9th Cir. 2001).
Title III of the ADA applies only to persons who own, lease
or operate a place of public accommodation. 42 U.S.C. §12182
(a). Courts are divided on the question of whether the ADA
extends to those who "design and construct" public
accommodations or is limited to owners, lessors, lessees
and operators of such accommodations. Courts that extend
liability to all who design and construct "divine liability
wholly divorced from the text of the statute." (The
United States, in an amicus brief, argued in favor of architect
liability.)
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