Action Alert: Say No to Legalized Discrimination at Movie Theaters

You've seen the previews. Everyone's talking about it. All your friends and family want to watch the year's hottest movie on opening day. Here's our chance to make it happen!

The U.S. Department of Justice (DOJ) is considering updating its regulations regarding captioned movies at movie theaters. Importantly, the DOJ is asking for comments from the public – that’s you!

We need your help to ensure that all movies at all times in all movie theaters are fully accessible for the deaf and hard of hearing. The DOJ proposal, however, would require movie theaters to show closed captioning at 50% of movie showings within a 5-year time period.

The NAD does not support this proposal, which would legalize discrimination against people who are deaf or hard of hearing. Theaters have had ample time to comply with the Americans with Disabilities Act (ADA) in 1990, which was passed 20 years ago. No more excuses should be accepted!

The NAD advocates that:

• Movie theaters be required to show captions at 100% of movies, in all theaters, on all screens unless they show that doing so would be an undue burden
• Theaters can and should combine various technologies ranging from open captions to on-screen closed captions to ensure 100% access
• Movie theaters should be required to immediately to bring their theaters into compliance with the new regulations

SUMBIT YOUR COMMENTS TODAY!

The DOJ wants responses to 26 questions: http://www.regulations.gov [2]. You can pick any of them but we recommend that you at least respond to Question #1. The deadline for your comments is January 24, 2011. You are welcome to use the NAD Sample Letter copy and paste the letter at the bottom of the web posting and to add your own words explaining why movie captioning is important to you. Send your comments through the U.S. Mail or electronically at http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2010-0007-0001 [3].

With your help, the world can be an equal place for the deaf and hard of hearing, starting with movie theaters.

ACT NOW FOR EQUAL ACCESS TO THE MOVIES!

Sample Letter:

Your Name
Your Address
Your phone and/or email address

[Today’s date]

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 2885
Fairfax, Virginia  22031 – 0885

Re: Docket # 112; RIN 1190-AA63
A.    Question #1: The DOJ is proposing that the percentage of movie screens offering closed captioning be set at 10 percent after one year and increased 10 percent a year until 50 percent is reached.  Does this approach provide a proper balance between providing accessibility to consumers, on one hand, and giving owners and operators time to acquire the necessary equipment, on the other hand?

As a (deaf or hard of hearing) individual, my civil rights are protected by the Americans with Disabilities Act (ADA). After 20 years, I am still denied access to movie theaters.

Anything less than 100% access immediately is discriminatory. The DOJ should not endorse anything less than 100% access, which brings our community a significant step forward.

[The NAD recommends that you add your comments about your experiences with movie theaters and why movie captioning is important to you.]

The DOJ’s proposal would limit us to only half of the movies that the general population enjoys. This is hardly the “full and equal enjoyment” that the ADA demands from movie theaters.

B.    Question (9): While the Department is not considering requiring the use of open captioning, should movie theater owners and operators be given the discretion to exhibit movies with open captioning, should they so desire, as an alternate method of achieving compliance with the captioning requirements of any Department regulation? If theaters opt to use open captioning, should they be required to exhibit movies with such captioning at peak times so that people with disabilities can have the option of going to the movies on days and times when other moviegoers see movies?

I believe that anything less than 100% availability of on-screen captioning is discriminatory and exclusionary.   I have experienced different forms of technology and only on-screen captioning allows me to have full and comparable access to the movies.  On-screen captioning can be achieved either by open-captioning or closed captioning.

[The NAD recommends that you add your comments about your experiences with various modes of captioning and why you prefer one over the other.]

Thank you for this opportunity to provide comments.

Sincerely,

[Sign your name]