January/February 2007


Volume VII No. 1/2

A publication of the National Association of Theatre Owners

Advertise in In Focus

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Motorized Scooters, Other Issues May Arise
Democratic Congress May
Mean New ADA Legislation

by Steven John Fellman
NATO Washington Counsel

With the Democrats taking control of both the House and Senate, the Democratic leadership announced that there is a good possibility that Congress will seek to expand the scope of the Americans With Disabilities Act (ADA). Concern has been expressed with regard to the length of time it had taken the Department of Justice to analyze and revise proposed new ADA regulations. Congress may seek to address certain problems directly through legislation. Congressional hearings will certainly give disability rights advocates an opportunity to lobby for increased ADA coverage regarding public facilities.

In discussions with the disability rights community, we have identified some primary issues affecting cinema operators that we can expect to be addressed during ADA hearings:

1. Websites. There is still a difference of opinion as to whether and to what extent the ADA covers websites. It can be expected that disability rights advocates will ask Congress to provide specific legislation to ensure that websites are accessible.

2. Electric Wheelchairs. Many people with mobility impairments are using electric wheelchairs or some form of an electric scooter. Medicare is paying the cost of some of these devices and there are a significant number of older Americans with disability impairments who find that motorized scooters or wheelchairs enable them to lead a much more active lifestyle. In some instances, motorized scooters require more floor space than is currently being provided under existing ADA regulations. While individuals using motorized scooters can get access to some wheelchair seating locations, they may have difficulty moving in and out of such locations if there are other wheelchair patrons or patrons using scooters using the adjacent wheelchair space. Disability rights advocates may ask to increase the size of wheelchair spaces to deal with this issue.

3. Deaf and Blind Patrons. The current language in the ADA specifically states that motion picture theatres do not have to show captioned prints. However, the regulation also says that all public facilities must consider utilization of new technology as it arises. The deaf community has been actively advocating that motion picture theatres be required to show captioned films. The deaf community has not been happy with current closed captioning technology. NATO has been exploring various new open caption technologies and new forms of closed caption technologies. If hearings are held, it can be expected that the Congress will want to know more about what is available and also question how the transition to digital transmission of motion pictures will address captioning issues. In this connection, captioning will not be limited to the text of the dialogue, but will also include descriptors. Also likely to come under discussion are enhanced forms of audio transmission to help the blind.

4. Coming Attractions, Advertising, Alternative Content. Currently, the concern expressed by disability rights groups has been limited to the feature film. It can be expected that these concerns will be expanded to cover any other offering whether it be advertising, coming attractions, or other forms of entertainment that can be seen in the motion picture theatre. Theatre owners will be asked to discuss how these additional offerings will be made accessible.

If hearings are held, issues will be raised by operators of public facilities that will be more positive for motion picture operators. Operators of public facilities will ask Congress to require a notice of intent to sue before suit is filed on ADA matters. Under such a requirement, before a suit could be filed alleging that the operator of a public facility is not in compliance with ADA regulations, the complainant would have to notify the operator of the facility of the nature of the complaint and provide a reasonable amount of time for the complaint to be resolved. Operators of public facilities contend that such a procedure would greatly lessen the number of suits filed and provide an opportunity to quickly correct what are often minor ADA violations.

Operators of public facilities would also ask Congress to define further what constitutes “disruptive behavior.” For many operators of motion picture theatres and other facilities, it is difficult to deal with situations where disabled individuals present a pattern of behavior that is disruptive to other members of the audience. Further, legislative guidance would be helpful in defining when an operator of a public facility such as a motion picture theatre can ask a disabled person to leave the facility because that person’s conduct is disruptive to other members of the audience or other patrons of the facility.

As the new Congress convenes in January and the legislative agenda becomes better defined, we will have more information on possible new ADA legislation. This is an area in which you can expect the disability rights community to actively push for hearings. NATO will keep its members advised of further developments.

 


 

 

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