Nothing in the Americans with Disabilities Act or the Rehabilitation Act preempts a city’s express indemnity claim against its architect and building contractor; although the city cannot escape its responsibilities under those acts, it may recoup from those whose errors caused the violations.
Los Angeles was sued for violation of the ADA, Title II and section 504 of the Rehabilitation Act because its FlyAway bus service facilities did not meet those acts’ disability access standards. The city cross-claimed against the architect and contractor for those facilities, each of whose contracts contained express indemnity clauses agreeing to indemnify the city for the contractor’s negligent acts or omissions. This decision distinguishes or refuses to follow a number of other courts’ earlier opinions and holds that nothing in the ADA or Rehabilitation Act preempts the city’s express indemnity claim. The claim does not allow the city to escape its responsibilities under those acts, but instead permits the city to recoup from those whose errors caused the violations.
Ninth Circuit Court of Appeals (Smith, M., J.); April 24, 2017; 2017 WL 1431084