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Justice Department Cracks Down on Disability Access at Movie Theaters

The Justice Department has announced a proposed amendment to Americans with Disabilities Act regulations to expand access to movie theaters for individuals with hearing and vision disabilities. Attorney General Eric Holder signed a Notice of Proposed Rulemaking (NPRM) to require movie theaters to provide closed movie captioning and audio description.

"This proposed rule will allow all Americans, including those with disabilities, to fully participate in the moviegoing experience," 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.

The proposed rule would 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 Justice 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 proposed rule would take effect six months after publication for movie theaters’ digital movie screens. The Justice Department 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."

The proposed rule was developed in response to an Advance Notice of Proposed Rulemaking (ANPRM) published by the Justice Department in 2010, which sought public comment on how requirements for movie captions and audio description should be implemented. The Justice Department received over a thousand comments in response to the ANPRM and is now seeking public comment on the proposed rule.

Those interested in submitting comments can review the proposed rule on the ADA website and can contact the Justice Department’s ADA Information Line at 800-514-0301 (TTY 800-514-0383) or visit the ADA website for more information.

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