[nfbmi-talk] FW: A Victory For Blind, Deaf, And Print-Disabled Movie-Goers

[Fred Wurtzel]

-----Original Message-----
From: NFBMI-Talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Kane Brolin via NFBMI-Talk
Sent: Tuesday, November 22, 2016 8:42 PM
To: NFB of Michigan Internet Mailing List
Cc: Kane Brolin
Subject: [nfbmi-talk] A Victory For Blind, Deaf, And Print-Disabled Movie-Goers

The U.S. Department Of Justice just issued a watershed ruling that will benefit greatly those of us who either do not hear fully with our ears or see fully with our eyes, but who pay fully when we visit a movie theater to take in a motion picture.

The following is from Melanie Brunson, director of government relations for the Blinded Veterans Association.  Lee Martin, a member of the NFB Indiana Board of Directors, is a blinded veteran, and he forwarded this to the Indiana State Affiliate's mailing list.  But many who receive my occasional e-mails wouldn't have gotten his advisory.  So I'm forwarding an abridged version of Melanie's e-mail, for your convenience.

TUESDAY, NOVEMBER 22, 2016
(202) 514-2007
TTY (866) 544-5309
WWW.JUSTICE.GOV

JUSTICE DEPARTMENT REVISES REGULATIONS TO REQUIRE CLOSED MOVIE CAPTIONING AND AUDIO DESCRIPTION FOR PEOPLE WITH DISABILITIES

WASHINGTON – The Justice Department today announced an Americans with Disabilities Act (ADA) Title III regulation to further clarify a public accommodation’s obligation to provide appropriate auxiliary aids and services for people with disabilities.  The final rule provides that public accommodations that own, operate or lease movie theaters are required to provide closed movie captioning and audio description whenever showing a digital movie that is produced, distributed or otherwise made available with these features.  ...

The final rule requires movie theaters to have available and maintain the equipment necessary to provide closed movie captioning and audio description so that it is delivered to a movie patron’s seat and available only to that patron.  Movie theaters are also required to notify the public about the availability of these features and have staff available to assist movie patrons with the equipment.


The requirements of this rule do not apply to any movie theater that shows analog movies exclusively.  Additionally, the compliance limitations under Title III of the ADA apply to this rulemaking, and thus, the rule makes clear that movie theaters do not have to comply with the rule’s requirements if compliance would result in an undue burden or a fundamental alteration. ...

 The department initiated this rulemaking on June 10, 2010, with the publication of its Advance Notice of Proposed Rulemaking (ANPRM) and then published its Notice of Proposed Rulemaking (NPRM) on Aug. 1, 2014.  In total, the department received over 1,500 comments on the ANPRM and the NPRM, including a comment on the NPRM that was jointly submitted by advocacy groups representing individuals with hearing disabilities and the movie theater industry.  The department intends to publish the final rule in the Federal Register in the near future, and the rule will take effect 45 days after publication.

The actual written rule is found at
https://www.ada.gov/regs2016/movie_captioning_rule_page.html.

If anyone has questions, he or she may phone (800)514-0301 or (using a
TTY) (800)514-3083.

Cheers,

Kane Brolin

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