User Panel
Posted: 10/20/2004 11:18:22 PM EDT
www.acsblog.org/equal-protection-and-due-process-371-guest-blogger-settlements-require-theatres-to-accommodate-deaf-patrons-.html Guest Blogger: Settlements Require Theatres To Accommodate Deaf Patrons by John Stanton, Senior Associate, Howrey Simon Arnold & White, LLP Ever since "The Jazz Singer" became the first "talkie" motion picture in 1927, people who are deaf or hard of hearing have been excluded from the social, cultural, and emotional experiences of movies. Without captions displaying the dialogue of the movies, individuals who are deaf cannot understand what is being said in a movie, and are forced to wait for the captioned version of the movie to come out on DVD, video, or television. However, earlier this year, Judge Kessler of the U.S. District Court for the District of Columbia approved a settlement between a class of deaf and hard-of-hearing plaintiffs and two movie theater chains. Judge Kessler's opinion approving the settlement is reported at 315 F. Supp.2d 120 (D. D.C. 2004). The lawsuit demanded that the theaters were violating the Americans with Disabilities Act by not providing captioning accessibility for deaf and hard-of-hearing patrons. In 2003, the court denied the defendants' motion for summary judgment arguing that the theaters were not required under the ADA to provide captions. That opinion is reported at 246 F. Supp.2d 17 (D. D.C.). The settlement requires that the theaters install captioning equipment known as "Rear-Window Captioning" in twelve screens in selected theaters throughout the greater Washington, DC area. In her lenghty opinion approving the settlement, Judge Kessler determined that the proposed settlement was "fair, just, and reasonable." The settlement marks the first time that a court has ordered movie theaters to provide captioning accessibility for deaf and hard of hearing patrons. However, it will not be the last. Last month, the New Jersey Attorney General reached a settlement with several movie theaters in the state to provide similar captioning accessibility as was ordered in the DC lawsuit. One theater chain refused to settle, and the New Jersey Attorney General filed suit against that chain in NJ state court. Recently, the New York Attorney General's Office has begun an identical investigation against movie theaters in its own state, and this could led to similar settlements. And deaf advocates nationwide have begun inquiring whether their own local theaters will likewise increase captioning accessibility to conform with the ADA's "reasonable accommodation" requirements. |
|
Next they'll make it mandatory for the blind to be able to see the movie.
|
|
No, at least I don't think so, but there was something sad on TV, and there's a ringing noise in my ears from a shotgun,... or something. (I googled it... very good short story) |
|
|
Put yourself in the position of a PRIVATE BUSINESS OWNER being told that you HAVE to accomodate a very small number of patrons, AGAINST YOUR WILL, and to so will involve spending YOUR MONEY to install systems to do so. Now, ask the question again and if you still think "big deal" you need a lesson in Free Enterprise 101. |
|
|
I think its good,
You have special handicapped seating in the movies for those in wheel chairs, why not have something to deaf folks can read what's the movie is saying? |
|
Again, they HAVE to put Braille on signs, allow in see and eye dogs for blind and allow special sections for folks in wheel chairs. If you are going to have your business open youe public you have to abide by laws for all the public. ETA: I am sure if the movies didnt want you guys to be able to CCW, you all would be having a fit. |
||
|
How much money should proprietors spend on that? Your call. It's as good as that amount any lawmaker would give. If there is a profitable way of putting subtitles in an area where the rest of us (the majority) don't have to see it, then cool. Don't make me have to endure subtitles that would ruin a movie for me, because of a few handicapped people. At the same time... don't bankrupt the theaters. We already have to pay double to triple the amount I paid in my youth for a show. |
|
|
I understand what your saying Airwolf and I agree that there may be a substantial cost for a very small group. Thats why the burden should really be on "hollywood". Let the filmmaker supply the cost of the subtitles. Afterall, hes makin' the movie.
|
|
I think its like the clear teleprompter screens to the left and right of POTUS speeches. You can see through them, but you see text on them first. At least, that is what I interpret it to be. |
|
|
Hey, I know... How about if movie theaters have to hire extra people so they can describe the action on-screen to blind people? How about if they install a dialysis machine in every theater to accomodate people with kidney failure? Or what about on-site child care for people who want to see R rated movies and can't get a babysitter? And what about the carless thousands out there? Shouldn't companies have to have busses to bring them to the theaters? At what point would you be satisfied that someone else has spent enough of their money to make other people happy? What's "reasonable" and what's just ridiculous? |
|
|
Reminds me of the lawsuit back in the 90's which ruled that braille had to be put on DRIVE-THROUGH ATM's.
|
|
Well, with two blind uncles I can tell you that when they sit in the back drivers side seat of my truck, they appreciate having Braille on the Drive through ATM's so they dont have to getout walk up to the ATM with te potential of getting robbed or stand in the cold . |
|
|
Great. So for two people we force thousands of banks to spend millions of dollars because they MIGHT be in the back seat using a drive-through. Oh, and we have to do it by force of law, too. What about the lawsuit which required strip clubs to install safety bars in the showers the dancers were using as show props? Gonna tell me you have disabled stripper relatives, too? I'm sick and tired of society having to jump through half a million hoops because 1% of the population has an issue. |
||
|
The movie was better than the written version in this instance. |
|
|
They put words on the film that potentially block out sections of the screen and are useless to the majority of the population that goes to see movies. |
|
|
Next project - how to enable blind people to drive. Shouldn't cost much, so make the dealerships foot the bill. Or maybe we could force everybody in the country to learn sign language, at their own expense of course, just in case a deaf door to door salesman or Jehova's Witness stops by for a chat at 8AM on a Saturday morning.
|
|
Are you that narrow minded? You think I am the only person with blind relatives.There are a lot of blind people out there. The strip club handicapped rails have nothing to do with what I was saying. What I was telling you is that putting some fucking Braille stickers on a drive through ATM is worth the safety of blind people that get rides to the ATM. |
|||
|
Are you a woman? You seem to have the same thought process. If no one else can see the writing from the subtitles EXCEPT for the deaf people, why does that bother you so much? Damn, and you posers call yourself Christians. |
||
|
One other thing, if I own a business I want people that are handicapped to use my store or company. I wouldn't mind making a few small changes that have little or no effect on other without handicap's.
A lot of you people deserve to go a week with a handicap just to see how ignorant and selfish you all are. Again, I do not see a problem with deaf people getting to read subtitles as long as they are the only ones who see it. |
|
Are you suggesting that WE ALL as a public subsidize devices for the myriad of different handicaps out there? Because if a business has to do it, then WE are the ones paying for it. I can see it being required in PUBLIC (government) buildings. But no one has a particular RIGHT to patronize my private business if I don't care (or cannot afford ) to provide some special hardware for them. What a selfish bastard I am! The ADA is a bunch of crap as far as I'm concerned. And YES... I know families with handicapped members. I feel for them. But this PC garbage is getting out of hand. |
|
|
Are you a socialist? You seem to have the same approach to taking other people's money.
I have absolutely no problem at all with subtitles. Do you see that anywhere in the post of mine that you quoted and --I assume-- read? If the deaf people were proposing to buy their own rear projection whatever, I wouldn't have a problem with it. No, they want the THEATERS to dip into their own pockets for them.
You have no idea what I call myself, but regardless I certainly don't call myself a Kerry socialist. Individualism is all well and good when it comes to your guns, but when it requires you to actually pony up and deal, it's just too much hassle and you're looking for the government to make others deal for you and yours. |
|||
|
I don't think anyone would disagree with that part of the statement. I truly feel for handicapped people - hell any one of us could become disabled in a car accident this afternoon. My point is that the govt. is trying to FORCE by LAW (meaning, literally, at gun point) a specific small segment of the economy to damage or ruin its business financially jsut to accomodate maybe 3 percent of its potential customers. If a theater owner wants to set up for that, let him advertise it and he'll corner the market on showing movies to the hearing impaired, in addition to his regular customers. It's just like banning smoking in bars, but in reverse, kinda. This is still a capitalist economy, to at least some extent. Laws just get in the way and usually harm business (especially small business). |
|
|
An ironic story, given who wrote it. |
|
|
Well then why don't we all live in a bubble so that people who have no immune system do not get sick ??? Why don't we all stop using deodorants and cologne so we do not set off a persons allergy. If you have a problem I am sorry for you --- do not try to make it my problem .... |
|
|
The technology is there to easily solve the problem.
Wireless PDA devices. The movie companies would simply have to encode a digital script or dialog along with the audio. Movie theatres would have to put in a decoder that would broadcast it, those with disabilities simply turn to that channel on a PDA and there's the captioning, without everyone being subjected to possible distractions. Going to a national standard and sharing the cost of equipment between the theatre owner and the individual should make it priofitable in the long run. |
|
Better, let the MOVIE companies provide the eqpt to the theaters. FWIW, I think your idea has merit. A wireless network costs very little these days. |
|
|
I think the idea is nuts - that is, the idea of being able to use a lawsuit to force such an accommodation. Any businessman who wants to cater to disabled people is welcome to do so, but it is nonsense - legal nonsense, but nonsense nonetheless - for the law to compel such accommodations. Some folks are dealt a lousy hand in life. I have great sympathy for them, but that doesn't mean that the world at large has an obligation to compensate for their problems.
In this particular instance, the accommodation actually requires that the product be altered. A modern movie consists of a moving picture with audible dialogue, sound effects, and music. If you can't hear, you aren't "watching a movie," whatever you're staring at. WACKA OWWW....WACKA OWWWOWWW...OH BABY...YEAH DADDY...SLURP...SLURP...TAKE IT ALL BITCH...WACKA JUMMM...<WET NOISES><BED CREAKS>...OH YEAH THAT'S RIGHT...WACKA CHUNG or how about this: <GRAVEL CRUNCHES>OH STEVE I'VE ALWAYS LOVED YOU<GULLS SHRIEK>...BUT BETTY I'M MARRIED...<WAVES CRASH><AUTOMOBILE ENGINE RACES>.... I'm all for voluntary niceness, but if making you happy requires the use of force against others, you are (or should be) SOL. |
|
I, unfortunately, have the tendency to READ any subtitles, even if I can hear the dialog. Having subtitles up on every movie in every damn theater would be ANNOYING. Sometimes my DVD player turns on captions, and it drives me nuts. I scramble for the remote to turn them off. I don't want to READ a movie, I want to watch it. |
|
|
Nifty invention.
Not saying there should be a damn law about it though. I just wait until they come out on DVD then I get all the captions I want and nobody has to deal with MY problem. It would be cool if theatres did voluntarily have some movies captioned on a "back of seat LCD" or something. There are a lot of lines different from the script and screen so it is interesting. I can't hear if there is background noise and whatnot, so going to a movie is entirely pointless, I just don't go to the movie, no big loss. |
|
Reminds me of the old SNL skit with Garret Morris doing "News for the hard of hearing". |
|
|
Yep and I saw the HBO Movie. |
|
|
...and you call yourself a Conservative, but think it's OK for the government to step in and order businesses around because it's good for YOU. Tell you what. If you're in the car with them, why don't you help them and punch the buttons for them? |
|
|
Very commendable of you, and if I owned a brick-and-mortar bsiness, I would agree. So, write a check from your bank account and do whatever you think you need to do to help your clients. Leave the government and the courts the hell out of it. |
|
|
First the Red Sox come back from an 0-3 position, and the next day I actually agree with Cyanide. Did you just hear a trumpet sound? |
|
|
$30 movie tickets, here we come. Save it for a 60" and surround sound. Buy dvds. Hell, you will only have to leave the house to buy beer, unless someone starts beer deliveries............mmmmm beer deliveries.
|
|
|
||
|
|
|
Fixed it. Well....it'll soon be the next thing forced on us, anyway... |
|
|
Didn't we elect a Republican President and Congress to stop this sort of thing? What went wrong? Where are the laws preventing business from being abused like this? |
||
|
As this is the first I have heard of this, and given that the pres is a tad predisposed with the war, the campaign, and the normal daily business of being the pres, it's possible you are being a bit unreasonable to expect him to even know of this. Maybe if we hadn't been attacked a few years back.... |
|||
|
so i'm not the only one pissed because i have to look at my zipper in the mirror of a bathroom so a quad/dwarf can fix his hair?
can i get the nfl to pay for better knees? i'd be playing on sunday if my knees worked. it's called a handicap for a reason. |
|
It's a teleprompter that is set on the ceiling behind all of the patrons (near the projector booth) the theater gives you a mirror that you can place on your lap and can see the teleprompter with it. The letters on the teleprompter are reverserd so they look the right way in the mirror. There's no subtitles or anything else. For you AZ folks, the AMC on Stapley has this installed, most people don't notice it. Sometime during the movie, look beind you and up, it might already be installed. |
|
|
Again, they don't put captions on the screen, it's a teleprompter at the back of the theater. I have already seen this around. |
||
|
Ahh, not anymore, it's not. Now it's called special needs. Apparently we're all supposed to pay more to see a movie so those with special needs are not inconvenienced by having to wait until it comes out on DVD, where captions are provided for free. How special. |
|
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.