how is it legal?

ash345

ash345

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how is it legal that movie theaters have movies that are OC, but don't show them, don't offer any sort of captioning what so ever, and state flat out that they won't do it? How is this legal within the ADA? that just doesn't make any sense to me...
 
umm-- that doesnt make sense. If you see a movie listing for a OC movie and you go at that listed time, you are saying its not on? I 'd just get up and ask for manager from front desk and tell them you paid to watch a OC listed movie. They will have it turned on and then you need to ask for a refund of the ticket you paid for since you missed the movie without the captioning. Then go back and enjoy the rest of the movie. Be sure to decline politely if they "try" to offer headphones :roll: .

Afterwards, you need to send a letter of complaint to the theater company and contact your local captioning committee. If you don't know who, then fire off a email to NAD and let them know and forward your complaint to right place for you.

That's exactly what I did.
 
One time a deaf guy and I complained to a manager about no captions after an OC movie began so she told a film projectionist to start all over with captions on. She apologized for the inconvenience, afterward we (and even my hearing son) got free tickets for next movie.

Did you complain to a manager about it? If so, and he/she was not cooperative with you, you should do what radioman said. Don't forget to ask the manager for his/her name before filing a complaint to its headquarter or whatever.
 
This is a big movie theatre, which is close to my house, I went up and asked if they ever did any OC or even RW captioned movies (we got free passes to AMC for Christmas) and they flat out told me no. They said though they do have the films... they do not show them... I just don't understand how that can be legal...
 
It's a good question. Here in Mass we have some theater's that do captioning at certain times. Although sadly, they are in bad areas of town.
 
ash345 said:
This is a big movie theatre, which is close to my house, I went up and asked if they ever did any OC or even RW captioned movies (we got free passes to AMC for Christmas) and they flat out told me no. They said though they do have the films... they do not show them... I just don't understand how that can be legal...
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It sounds like an act of discrimination against deaf viewers. They do have the OC films but refuse to show them? That's fucked up big time.

First of all, why don't you ask NAD/ADA/FCC via email to see if what the theater does is legal or illegal? If it's illegal, you can show the emails from those official organizations to the manager so I bet that it will scare the shit out of him/her. If it won't work, ask for a phone number/email address of the theater's owner or its headquarter and let them know about its illegality.

That's sad to know that our country is not 100% deaf friendly and maybe it will never be but we must keep fighting for our rights.
 
ash345 said:
This is a big movie theatre, which is close to my house, I went up and asked if they ever did any OC or even RW captioned movies (we got free passes to AMC for Christmas) and they flat out told me no. They said though they do have the films... they do not show them... I just don't understand how that can be legal...
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I just checked AMC theatres' scheduled showings around Los Angeles areas online (Captionfish.com). They don't have captioned movies available since last month. Looks like AMC doesn't show captioned movies anymore? I will check again next week or so.
 
ash345 said:
how is it legal that movie theaters have movies that are OC, but don't show them, don't offer any sort of captioning what so ever, and state flat out that they won't do it? How is this legal within the ADA? that just doesn't make any sense to me...
Click to expand...


The 9th circuit ruled in Arizona v. Harkins Amusement Enterprises (9th Cir. - April 30, 2010) that, essentially, open captioning is not required but closed captioning is.


1. For Open captioning. This is not required because it alters the content of film and it can also create an undo burden. Essentially, it is displayed on the screen in a way that can distort or change the movie. The cost of providing it is presumed to excessive too, that would be the undo burden part.

2. As for Closed captioning. That however, is required. That is required because it does not alter the film or its content. That can be viewed on an individual screen by each individual needing it rather than on the movie screen its self.

As for the Ada. The case was brought under the ADA as the ADA requires public facilities to provide “auxiliary aids and services” . The thing though, is the 9th circuit court of appeals ruling really had nothing to do with the “auxiliary aids and services” . The ruling they made was based upon other aspects of the ADA, ones mentioned very generally in #1 and #2.
 
As for not receiving captioning. If they are not providing you open captioning then you are not being discriminated against in an illegal way. If they are not providing you closed captioning, now that's different. That would be illegal discrimination. This is per Arizona v. Harkins Amusement Enterprises (9th Cir. - April 30, 2010).
 
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