The United States Court of Appeals for the Ninth Circuit recently affirmed that an architect retained for and used in the design of a "commercial facility" could not be held liable in an action brought under Title III of the Americans with Disabilities Act (ADA), Lonberg v. Sanborn Theaters, Inc., 259 F.3d 1029 (9th Cir. 2001). Under Title III, Congress generally limited the ADA liability of construction-related entities to those entities that "own, lease (or lease to), or operate a place of public accommodation." 42 U.S.C. § 12182(a). Congress also specifically defined "discrimination" under that title, which applies to "public accommodations and commercial facilities," as "a failure to design and construct facilities for first occupancy . . . that are readily accessible to and usable by individuals with disabilities... ." 42 U.S.C. § 12183(a).
