This is taken from the Pittsburgh Post-Gazette; actual link is at the end.
I'm thinking it might be worth keeping on our radar:
Despite the increasing availability of technology allowing people who are
deaf and blind to enjoy movies, a recent lawsuit filed in Pittsburgh
highlights still more gaps in access.
Richard McGann, a Brookline man who is deaf and blind, filed a complaint
in U.S. District Court in late March, claiming that Cinemark USA violated
his rights under the Americans with Disabilities Act. According to the
complaint, Cinemark refused to provide Mr. McGann with an ASL tactile
interpreter in December when he requested one to attend "Gone Girl" at the
Cinemark theater in Robinson.
Mr. McGann uses American Sign Language as his primary mode of
communication. For receptive communication, Mr. McGann lightly touches the
hands of a tactile interpreter to read the ASL signs.
"I have 10 ears and eyes on my fingertips," Mr. McGann said in a 2008
Pittsburgh Post-Gazette article. He declined to be interviewed about this
lawsuit.
The complaint said Mr. McGann attended movie theaters with his wife before
her death in 2001, and she provided the necessary interpretation. After
Cinemark refused his request, the complaint said Mr. McGann attended
"Night at the Museum" with his sister at a Carmike theater that provided
the necessary accommodation.
Cinemark did not respond to a request to comment on the case.
The complaint is filed as a violation of Title III of the ADA, which
requires public places, including movie theaters, to provide auxiliary
aids and services "unless the public accommodation can demonstrate that
taking those steps would fundamentally alter the nature of the goods,
services, facilities, privileges, advantages, or accommodations being
offered, or would result in an undue burden, i.e., significant difficulty
or expense."
Cinemark's answer to the complaint, filed May 5, states that Mr. McGann
has not "suffered any injury in fact or damage whatsoever," and that the
request for Cinemark to provide two tactile interpreters for Mr. McGann is
"unduly burdensome."
Mary Crossley, a University of Pittsburgh law professor, said the undue
burden question looks at how much an auxiliary aid or service would cost
in light of what resources the business of public accommodation has.
"It's pretty clear that the undue burden clause can take in any
relationship with a parent company," Ms. Crossley said, referring to the
resources the larger corporation might have.
Carol Horowitz, Mr. McGann's attorney, said there are three main providers
of interpreting services in Pittsburgh: the Center for Hearing & Deaf
Services, Steel City Interpreters and Sign Language Interpreting
Professionals.
The Center for Hearing & Deaf Services, for example, charges $60 per hour
per interpreter, with a two-hour minimum. They said tactile interpreting
for a movie requires two interpreters, as Mr. McGann requested.
The lawsuit comes at a time when proposed federal regulation for movie
theaters that would broaden services for people with disabilities is
slated to be finalized in September. The Department of Justice is moving
to require movie theaters to provide both closed captioning and audio
description services at most digital movie screenings. The Cinemark in
Robinson that Mr. McGann wanted to attend already lists these services on
its website as available for movie-goers at certain movies.
The National Organization of Theater Owners, which represents 660
companies, estimates between 60 percent and 80 percent of screens already
had this technology in place as of spring 2014.
This technology relies on either sight or hearing, depending on the needs
of the person. However, it does not meet the needs of a person who is
deaf-blind. It is not known how many theaters provide the type of
accommodation that Mr. McGann requires.
The ADA allows public places to make the final decision on what type of
auxiliary aids and services they provide, so long as the chosen method
provides "effective communication." For example, a person who is deaf may
prefer an ASL interpreter to be on site, but the public accommodation
might only provide a captioning service.
There are devices available that translate typed messages to Braille, and
even technology that allow those who are deaf-blind to use the telephone.
None of this technology, however, appears to have been modified to provide
access to movies.
Ms. Horowitz said this was the first time the Disability Rights Network of
Pennsylvania had dealt with a case like Mr. McGann's, and she did not know
of any other cases in the U.S. about access to movie theaters for people
who are deaf-blind.
The issue likely has not received a lot of attention because of the small
size of the population who are deaf-blind, she said.
The National Association of Regulatory Utility Commissioners estimated
there were between 70,000 and 100,000 people who were deaf-blind living in
the United States in 2008. The National Center on Deaf-Blindness reported
9,454 children and youth on its 2013 National Deaf-Blind Child Count.
<http://www.post-gazette.com/ae/movies/2015/06/02/Deaf-and-blind-Brookline-m
an-sues-Cinemark/stories/201505220108?utm_campaign=echobox&utm_medium=social
&utm_source=Facebook>
http://www.post-gazette.com/ae/movies/2015/06/02/Deaf-and-blind-Brookline-ma
n-sues-Cinemark/stories/201505220108?utm_campaign=echobox&utm_medium=social&
utm_source=Facebook
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