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

Standards for Individual Captioning Devices (Section-by-Section Analysis)

The Department received a number of comments for specific performance standards for individual captioning devices.  These commenters wanted the Department to ensure that the text that is exhibited on these devices is readable with good contrast and good text size, that it be available at a reasonable height in relation to the movie screen, that the devices be easily used by patrons who are deaf or hard of hearing, and that they be properly maintained.  The Department has considered these comments and is proposing in the NPRM, at §36.303(g)(2)(ii)(B), that “[i]n order to provide effective communication, individual captioning devices must: (1) be adjustable so that the captions can be viewed as if they are on or near the movie screen; (2) be available to patrons in a timely manner; (3) provide clear, sharp images in order to ensure readability; and (4) be properly maintained and be easily usable by the patron.”

The Department received a number of comments expressing concern that seat location can have an impact on the ability to read closed captions.  Those commenters recommended that the Department require movie theaters to reserve seats in the center of the auditorium to persons using individual captioning devices.  In contrast, an industry commenter stated that the ability to read the captions provided by the new closed-caption systems for digital cinema has been reported to be equally good throughout the movie theater auditorium and that the system currently in use for analog has reportedly been improved for use with digital cinema.

The Department has decided not to propose any kind of reserved seating provision in the regulation at this point because it believes that its proposed performance standards will ensure the usability of individual captioning devices.  In addition, seating at movie theaters generally is on a first-come, first-served basis, and patrons know to come early if they want to sit in the “sweet spot” or other desirable seats in the auditorium.³⁸  While movie theaters may select whatever captioning equipment they want to deliver closed captions to their patrons, they must provide effective communication to individuals with disabilities who are deaf, hard of hearing, blind, or have low vision.  The proposed performance standards should assist movie theaters in meeting that requirement.

Question 11: Has the Department adequately described performance standards for individual captioning devices that deliver closed captions to patrons?  How should the standards address text size that is displayed on the devices?