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

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