[Nfbc-info] Justice Department and Movie Theaters

[Nancy Lynn]

I got this from another list and thought you'd be interested.
JUSTICE DEPARTMENT ANNOUNCES PROPOSED AMENDMENT TO AMERICANS WITH 
DISABILITIES
ACT REGULATIONS TO EXPAND ACCESS TO MOVIE THEATERS FOR INDIVIDUALS WITH 
HEARING
AND VISION DISABILITIES


WASHINGTON - The Justice Department announced today that Attorney General
Eric Holder has signed a Notice of Proposed Rulemaking (NPRM) to amend the
Title III regulation for the Americans with Disabilities Act (ADA) to
require movie theaters to provide closed movie captioning and audio
description in order to give persons with hearing and vision disabilities
access to movies.

"This proposed rule will allow all Americans, including those with
disabilities, to fully participate in the moviegoing experience.  With this
proposal, the Justice Department is taking an important step to ensure
consistent access for people with vision and hearing disabilities," said.
Attorney General Eric Holder.  "Twenty-four years after its passage, the
Americans with Disabilities Act remains a critical tool for extending the
promise of opportunity and inclusion for everyone in this country."

Closed movie captioning refers to captions that are delivered to the
patron's seat and are visible only to that patron.  Audio description
enables individuals who are blind or have low vision to enjoy movies by
providing a spoken narration of key visual elements of a movie, such as
actions, settings, facial expressions, costumes and scene changes.  Audio
description is transmitted to a user's wireless headset.  The department is
proposing to provide a consistent nationwide standard for movie theaters to
exhibit movies that are available with closed movie captioning and audio
description for all showings.  The department is also proposing to require
theaters to provide a specific number of closed captioning and audio
description devices.  Theaters need not comply with the proposed rule if
doing so would cause an undue burden or fundamental alteration.  The
department is not proposing to require movie theaters to add captions or
audio description to movies that are not already produced and distributed
with these features.

The department is proposing a six-month compliance date for movie theaters'
digital movie screens and is seeking public comment on whether it should
adopt a four-year compliance date for movie theaters' analog movie screens
or should defer rulemaking on analog screens until a later date.

"As we celebrate the 24th anniversary of the Americans with Disabilities Act
on Saturday, we are reminded that people with disabilities still do not have
full access to all aspects of American cultural life," said Jocelyn Samuels,
Acting Assistant Attorney General for Civil Rights.  "Although some movie
theaters are making strides towards meeting their ADA obligations, there is
a good deal of inconsistency among theaters across the United States.  This
proposed rule is intended to ensure that, regardless of where a person with
a hearing or vision disability lives, that person will be able to attend
movies with their friends and family and fully enjoy this important social
and cultural activity."

On July 26, 2010, the department published an Advance Notice of
Proposed Rulemaking (ANPRM) asking how requirements for movie captions and
audio description should be implemented.  The ANPRM sought public comment
regarding the type of accessibility requirements for captioning and video
[audio] description the department should consider, particularly in light of
the industry's conversion to digital cinema technology.  The department
received more than a thousand comments in response to the ANPRM and these
comments were taken into consideration when developing the proposed rule.

The department intends to publish the proposed rule in the Federal Register
in the near future, and public comments on the NPRM will be due 60 days from
the date the rule is published.

The NPRM is available for review on  <http://www.ada.gov/> the ADA website.

Those interested in finding out more about the ADA may call the department's
toll-free ADA Information Line at 800-514-0301 (TTY 800-514-0383) or visit
the ADA website.