36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

708 Two-Way Communication Systems

This section provides criteria for two-way communication systems where they are provided to gain admittance to a facility or to restricted areas within a facility. These systems must provide audible and visual signals so that they are accessible to people with vision or hearing impairments. As part of the integration of requirements for residential dwelling units from a separate chapter, provisions specific to communication systems in such facilities have been relocated to this section (708.4). No further changes have been made to section 708.

One of the technical provisions requires that handsets, where provided, have cords long enough (at least 29 inches) to accommodate people using wheelchairs (708.3). The proposed guidelines included an exception from this requirement for communication systems located at inaccessible entrances. The Board has removed this exception in the final rule, consistent with the new ANSI A117.1 standard. This action was taken in view of situations where an entrance may be inaccessible, but a two-way communication serving it is on an accessible route. In such cases, the availability of a two-way communication system may be of particular benefit to people unable to access an entrance.

Captioning

ADAAG and the Department of Justice’s ADA regulations do not require captioning of movies for persons who are deaf. However, various technologies have been developed to provide open or closed captioning for movie theaters. One closed caption method for making movies accessible is a system that synchronizes captions and action by projecting reverse text images onto a wall behind an audience. The reverse text is then reflected by transparent screens at individual seats where movie goers can read the script on the screen and view the movie through the screen simultaneously. This type of auxiliary aid and others may require built-in features to make them usable.

Comment. In the proposed rule, the Board requested information on other types of captioning as it relates to the built environment and preferences among users (Question 36). Specifically, the Board sought information regarding the technical provisions that would be necessary to include in ADAAG to facilitate or augment the use of auxiliary aids such as captioning and video text displays. Most comments from people with disabilities and disability organizations supported a requirement for captioning. However, most of these commenters stated a strong preference for open captioning over closed captioning because it provides easier viewing and seating flexibility. Some commenters expressed concerns about the reliability or convenience of particular closed captioning systems. Comments from the movie theater industry pointed out that the Department of Justice’s ADA regulations issued under title III state that movie theaters are not required to present open captioned films, but are encouraged to voluntarily provide closed captioning.²⁵

Convenience Food Restaurants

Convenience food restaurants, otherwise known as fast food restaurants, often provide people with the opportunity to order food from a drive-through facility. These facilities usually require voice intercommunication. The Department of Justice (DOJ) has required restaurants to accept orders at pick-up windows when the communications system is not accessible to people who are deaf or hard of hearing.

Comment. The Board requested comment on whether accessible communication should be required at drive-through facilities (Question 37). Few comments addressed this question. Disability groups representing people who are deaf supported a requirement to ensure an equivalent level of access. Comments from the restaurant industry opposed such a requirement in favor of the approach taken by DOJ. Industry comments expressed concern about a mandated design solution’s potential cost and the impact on drive-through communication devices.

Response. The Board believes that further information needs to be developed on the technologies available to provide access for persons who are deaf to communication devices at drive-through facilities before specifying a requirement in these guidelines. A requirement for such access has not been included in the final rule.