28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)

Analog Movie Screens (Section-by-Section Analysis)

Based on information currently available, it appears likely that few, if any, analog movies will continue to be made by the major movie studios and possibly by the independent studios as well.  See previous discussion.  It is unclear to the Department, however, whether those analog movies that continue to be made will be produced with captions and audio description.  Thus, it could be that even if analog theaters were to have the capability of showing movies with captions and audio description, there may not be any movies for them to show with those accessibility features.  It is also unclear how many, if any, analog theaters will continue to be viable within the next few years.  The Department has asked for public comment on the future of analog theaters, analog movie production in general, and analog movies with accessible features.  Based on the information available to the Department at the time it drafts the final rule, the Department will decide whether it is appropriate to just delay compliance for analog screens in movie theater auditoriums in order to allow sufficient time to comply with the specific requirements of the rule or defer applying these specific requirements altogether until such time that the Department, in light of available information, deems it appropriate to engage in further rulemaking on this subject.  The Department is interested in public comment on whether there is a reasonable basis for deferring the application of this rule to movie theater auditoriums with analog screens or whether it should include an extended compliance date.

Question 8: Should the Department adopt a four-year compliance date for analog movie screens (Option 1) or should it defer application of the rule’s requirements to analog screens for now and consider additional rulemaking with respect to analog screens at a later date (Option 2)?  Commenters are encouraged to provide information to support their recommendation.