Category Archives: Special Focus: HI/VI

Exhibition equipment addressing the needs of the deaf, hard of hearing or visually impaired communities crosses boundaries, so editorially we will often use the common industry phrase 'HI/VI'. We don't mean it to be offensive and are aware of Agreement on Terminology.

“…this form of discrimination is not acceptable…”


From a 17 July 2010 Your Local Cinema AU article: Cinema to become more accessible – Following this article is the government announcement, including the $500,000AU investment into the cinemas.


Hoyts, Village, Greater Union Birch Carroll & Coyle and Reading have agreed to expand captioning and audio description services to a minimum of 132 locations over four years, making Australia the world leaders in cinema accessibility.

“This initiative by the cinemas provides full access anytime for consumers coupled with a commercial return for the cinema operator. This is a great example of access working in the mainstream, creating a win-win situation for everybody,” said Media Access Australia CEO Alex Varley.

Audio description, which provides a narration of important visual elements for people who are blind or vision impaired, will be delivered to patrons via personal headsets.

Captioning for Deaf or hearing impaired people will be delivered via personal Captiview viewing devices so that patrons can now go to any session of the accessible film on the accessible screen rather than only a specific open-captioned session.

Media Access Australia has been involved in the development of accessible cinema in Australia since its inception in 2001.  As one of the key players in helping reach this decision, with strong ties to international service providers, MAA has contributed advice on technologies and developments to stakeholders through all stages of the program’s growth.

MAA also played a key role in the Australian government’s Department of Health and Ageing program that saw 12 independent locations begin providing captions and audio description in 2009. As part of this program MAA created this website to ensure that patrons have the right information about accessible cinema and up-to-date news.

For a more detailed examination, read the press release from Bill Shorten’s office.

For a quick explanation, see below.

On top of the number of locations, a minimum of 242 screens will be made accessible across these locations, based on the overall size of the complex:

  • one screen for every complex with 6 or less screens
  • two screens for every complex with 7 to 12 screens
  • three screens for every complex with 13 or more screens

The timetable for achieving this goal is:

  • By the end of 2010 access would be provided in 24 screens (10% of proposed total)
  • By the end of 2011 access would be provided in 73 screens (30% of proposed total)
  • By the end of 2012 access would be provided in 145 screens (60% of proposed total)
  • By the end of 2013 access would be provided in 194 screens (80% of proposed total)
  • By the end of 2014 access would be provided in 242 screens (100% of proposed total)

Australia’s four major cinema groups and the Australian Government have agreed to jointly fast track new technology, as part of a bold new plan to improve cinema access for people who are deaf, blind, visually or hearing impaired.
Jul-17-2010

JENNY MACKLIN MP

Minister for Families, Housing, Community Services, and Indigenous Affairs
BILL SHORTEN MP
Parliamentary Secretary for Disabilities and Children’s Services  Parliamentary Secretary for Victorian Bushfire Reconstruction
17 July 2010
Better cinema access for hearing and vision-impaired
Australia’s four major cinema groups and the Australian Government have agreed to jointly fast track new audio description and captioning technology, as part of a bold new plan to improve cinema access for people who are deaf, blind, visually or hearing impaired.
The plan will provide cutting edge technology to allow people with impaired hearing or vision to enjoy movies in more cinemas across Australia, with 242 accessible screens to be available by 2014.
The Australian Government has committed $470,000 to the project, with the rest of the cost to be paid by the cinemas.
Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, and Parliamentary Secretary for Disabilities, Bill Shorten, today announced the new Cinema Access Implementation Plan, an agreement between representatives of Village Roadshow, Greater Union, Hoyts and Reading Cinemas and disability sector representatives.
Ms Macklin said the current situation of cinema access was unacceptable and the plan offered a genuine opportunity for change.
“Cinemas have a responsibility to cater for the entire community and at the moment the situation is clearly not up to scratch,” Ms Macklin said.
“Less than 0.3 per cent of all cinema sessions in Australia are accessible, meaning that an accessible cinema is showing as few as three sessions a week.”
Under the agreement, captions and audio description will be available in 242 screens by 2014 – at least one in every cinema complex owned by the four cinema chains.
In addition all new cinemas constructed by the group will contain accessible technology.
Mr Shorten said that people with a hearing or vision impairment had a right to enjoy a trip to the movies.
“At the moment people with impaired hearing are being forced to travel across town to catch a Wednesday matinee, because there are so few cinemas offering captions,” he said.
“I am excited that major cinemas have recognised that this form of discrimination is not acceptable, and that they will improve their business by attracting a new group of customers.”
“Current rates of vision and hearing impairment in the general population will significantly increase with the ageing of the population, and it is not acceptable to ignore them any longer.”
Cinemas today unveiled the CaptiView technology, which will be rolled out in selected cinemas in Australia this year. This technology allows hearing-impaired patrons to use a screen that folds out from an armrest and delivers a captioned version of the film.
The four major cinema chains have also agreed:
·         That where there is existing accessible cinema technology in place, local managers will be sensitive to their local audiences, and draw upon their patrons to help them to innovate and implement new accessible technology.
·         To gain ongoing consumer input when implementing emerging platforms such as ‘Captiview’.
·         To adjust implementation of new technology options according to future innovation and consumer preferences.
·         That operators will work with the Australian Human Rights Commission and the disability peaks to develop or update disability action plans to help with operation and delivery of cinema access services for people with disability.
Cinema groups will also actively engage with distributors to ensure a reliable delivery of film content that includes audio description and captioning.
In addition to the grant funding, the Government has committed $30,000 to subsidise the costs of a new Accessible Cinema Advisory Group (ACAG), with members from the cinema industry and the disability sector.
The funding will allow the ACAG to continue to advise and assist the cinema industry to improve cinema accessibility in Australia and monitor the implementation of the Cinema Access Implementation Plan.
Current cinema access worldwide, from Media Access Australia:

 

Location
Population
Number of accessible cinema complexes
People per accessible cinema
UK
61,399,000
307
199,997
USA
309,147,000
630
490,710
Australia
22,325,000
24 (only 12 have audio description)
930,208

 

Post implementation:

 

Location
Population
Number of accessible cinema complexes
People per accessible cinema
Australia
22,325,000
144
155,035

 

Diversity of Thought; Successful Employee Training

Anchor diversity training to the company’s philosophy. At Accenture, that means embedding diversity into all formal instruction, collaborative efforts and on-the-job training. “Rather than have [diversity training] separate and distinct, have it very well integrated into the company,” she says.

  • Be intentional and structured. At the global-management consultancy, all associates are told, “‘We expect you to be skilled and have experiences in certain types of capabilities—and inclusion and diversity is one of those,'” says deJongh. The firm’s diversity expectations increase along with promotions, so senior-level executives are most adept at leading and leveraging the strengths of its diverse teams.
  • Ensure that the curriculum is inclusive in scope. Beyond training for race/ethnicity, gender, sexual orientation and abilities, the curriculum should include diversity of thought and ideas, advises deJongh.
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  • Make it real. This is how to keep employees engaged in diversity training so it doesn’t become a check-in-the-box task or, worse, perceived as punitive. To avoid the downsides, don’t brand it as “diversity training,” suggests deJongh, and allow leaders to train other leaders. Themed “instructor-led training is very compelling,” she says, adding that Accenture’s theme this year has been resiliency. “We see resiliency as an attribute that is critical to our women’s ongoing advancement, especially into leadership roles.”
  • Set clear learning objectives. Collaborating with the firm’s career-development teams, deJongh has distilled its associate training goals to awareness/education, management and development. “And they take on increasing levels of sophistication,” she explains. “[Accenture’s objectives] map to where people are in their careers and the expectations that we have of them.” Doing so also helps the firm identify high potentials.
  • Measure what matters. How do you know your diversity training is making a difference? To answer this question, deJongh has begun to use the firm’s annual performance evaluations to track correlations between its diversity training and career-development opportunities. This will help the firm answer such key questions as: Have we increased the number of promotions? Have we closed the gap in attrition? Have we closed the performance gap?
  • Other Industries and Accessibility

    We now have automatic doors that stay open long enough for a wheelchair to roll through and do a turn-around. Our reception desks are low enough for someone who is of small stature or in a wheelchair to comfortably make eye contact with the receptionist.

     

     


     

    What a great goal, to be on the Top 10 Companies for People With Disabilities list. 

    Read the entire AbledBody.com article at:
    A Disability Evangelist For The Workplace 


    Some points from the 2009 Top 10 Companies for People With Disabilities article:

  • The Top 10 Companies for People With Disabilities have at least two percentage points’ higher average retention rates across all races/ethnicities/gender than the Top 50.
  • All these Top 10 have active programs to recruit for people with disabilities, compared with 78 percent of the Top 50 and 48 percent of the bottom quarter of entrants. There were 256 participants in this year’s ranking.
  • All these Top 10 also have active programs to recruit for GLBT employees, compared with 60 percent of the Top 50 and 21 percent of the bottom quarter of entrants.
  • All these Top 10 have employee-resource groups, compared with 94 percent of the Top 50 and 80 percent of the bottom quarter of respondents.  At all these companies, the company funds the groups and allows them to meet during the workday, a senior executive is a member of each group, and the groups are used to augment recruiting and marketing efforts to diverse communities. This is a significantly higher percentage for each of those questions than the Top 50 and the bottom quarter of respondents.
  • Diversity training is mandatory for the entire work force at each of this Top 10, compared with 60 percent of the Top 50 and 41.7 percent of the bottom quarter of respondents.
  • CEO commitment to diversity is clear at these companies. In all, heads of diversity are direct reports or one direct report removed from CEO, compared with 92 percent of Top 50 and 80 percent of bottom quarter of respondents.
  • The corporate-vision statement incorporates diversity at all these Top 10 compared with 90 percent of the Top 50 and 81.6 percent of the bottom quarter of respondents.
  •  

    9th Circuit Court Returns Harkins

    Prediction: It sure seems like some of the new digital-cinema-ready assisted listening and descriptive narration equipment manufacturers are going to get some orders.

    The attached document is technically

    UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    No. 08-16075 D.C. No. 2:07-cv-00703-ROS OPINION

    Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

    Argued and Submitted January 13, 2010—San Francisco, California

    Filed April 30, 2010

    ARIZONA v. HARKINS AMUSEMENT

    Universal Offers Open and Closed Captions to Wolfman

    Unlike some film-based systems, the closed caption DCP does not provide DTS time code. To take advantage of these new capabilities, the cinemas must have ordered “an open caption DCP and/or the closed caption DCP from Universal, when ordering their digital movie.

    The Wolfman opened Friday, 12 Feb 2010.

    Studios have indicated that they are interested in getting to the point of one digital master. The technology and the standards are maturing now to make that a possibility. Universal is certainly not the first distributor to make such prints available. But they have indicationed that they indend to provide such captions for all feature releases in the future.

    The next step is adding descriptive narrative, which studios have said will be coming as the equipment becomes available.

    Court Hears Audio Description, Captioning Argument

    Simplified Summary of this Document

    Jump to Comments by the Judges

    Jump to other resources about the Harkins case. “Do the Right Thing”

    The three appellate judges hearing the case demonstrated a keen interest in the issue and grilled the lawyer for the Harkins movie chain about why his company didn’t just “do the right thing” and provide the technology to allow people with visual and hearing impairments to enjoy movies. Harkins’ attitude, said Judge Alex Kozinsky, “does not strike me as a generous approach.”

    The rest of this article is at:
    Court Hears Argument about Audio Description and Captioning –
    Law Office of Lainey Feingold

    Posted January 14th, 2010 —

    [Update Article: 9th Circuit Court Returns Harkins]

    How to Find a Captioned Movie

    It’s almost fanciful, like trying to catch Santa in your chimney on Christmas Eve. Movie chains say they don’t want to disrupt their hearing audience, so they tend to run captions on just one or two new films — of their choice — each week, often at odd hours.

    For example, where I live in Connecticut, the closet theater with captions is playing Invictus this week. That’s it. If I wanted to see Ninja Assassin with captions I’d have to drive to Westbury, N.Y., and it’s only playing once a day, at 4:10 p.m.

    People who are deaf and hearing impaired would also benefit from a complete, searchable list of what’s playing around town. Forget the movie chains’ rambling hotlines or their websites, unless you want to spend hours hunting for films on their “accessibility” pages and finding very little.

    A great new website, Captionfish.com, does the work for you. Captionfish is a captioned movies search engine that finds Open Captioned and Rear Window captioned movies showing in theaters across the U.S. It was founded in 2009 by three deaf professionals, who are based in Seattle.

    Please read the rest of this article at:
    How to Find a Holiday Captioned Movie December 18, 2009, 3:13 pm
    By Suzanne Robitaille

    From: abledbody.com; where can-do is done different.

    TV industry turns blind eye to non-3D viewers

    But the flat-viewer’s experience with 3D imagery can vary. While I find viewing 3D imagery uncomfortable, Daniel Terdiman, another person at CNET who can’t see 3D, saw the 3D version of Avatar and wore the 3D glasses. It looked fine to him, just not 3D.

    [The article continues into the realm of 3D for TV, and give the authors experiences to questions partially answered, and even sometimes answered wrongly. Not only is there a problem with getting the data to the people on the convention floor, and their need tospin or hedge what they do or don’t know, but the reality is that the studies they need to make any emperical statement just haven’t really been done.

    So, there is anecdotal data and a lot of opinion. The comments to his article are painful to read. And the same type of comments show up in professional as well as consumer journals.

    There was a recent headline that claimed a million TV sets are now in the field which are 3D capable. The essential meaning is that they can put pictures up at a rate exceeding 100Hz, meaning a left and right image at the same 50 or 60Hz rate that last year’s technology allowed. If they are able to turn one of those images off, allowing just the right or left eye image to stream at 50/60Hz, then the movie will be ultimately the same as what we are used to.

    Mark Shubin’s Cafe article of August 2, 2009 (3D for the One-Eyed) makes a point about several of the natural clues we get about depth. Read it before reading the balance of:
    TV industry turns a blind eye to non-3D viewers

    January 15, 2010 4:00 AM PST
    by Rafe Needleman

    PS–Mark closes his article with the best advice:

    Meanwhile, keep an open mind and remember that things aren’t always what they seem.

    Links from the article:

    trend toward 3D 

    LCDTV Association College of Optometrists in Vision Development

    Stereo Sue

    Fixing My Gaze

    changing the visual language

    HDGuru3D

    Implementing Closed Caption and HI / VI in the evolving DCinema World

    Summarizing the standards effort for accessibility in digital cinema:

    • SMPTE 429-2 describes labeling for the 5.1, 6.1, and 7.1 audio formats in the SMPTE DCP (DCP = Digital Cinema Package)
      Note: Each audio format prescribes how to package HI and VI-N accessibility audio, where HI = Hearing Impaired, and VI-N = Visually Impaired Narrative;
    • SMPTE 428-10 and 429-12 describe how to prepare and distribute closed caption content in the SMPTE DCP; and,
    • SMPTE 430-10 and 430-11 describe the SMPTE CC Output from the server.

    The SMPTE standards for audio do not prescribe the media block outputs on which HI and VI-N should appear. If not specifically prescribed by exhibitor specifications, these channels may appear on different outputs when switching from 5.1 to another audio format. The chart below prescribes the recommended mapping of SMPTE 429-2 audio tracks to the audio outputs of the media block. Note that HI and VI-N audio are recommended to always be routed to outputs 15 and 16.

    [Editor: Please read the rest of the article at the following link for the timeline being recommended, in coordination with the InterSociety Digital Cinema Forum (ISDCF), and aligned with the SMPTE DCP roll-out being implemented starting in April 2010


    This and other technology and D-Cinema business updates can be found on Michael Karagosian’s MKPE.com website. Subscribe to his monthly expertise.

    Update on Digital Cinema Support for Those with Disabilities: December 2009

    by Michael Karagosian
    ©2009 MKPE Consulting LLC  All rights reserved worldwide


    Channel Assignment-Recommended-

    Docs: HI / VI – Part One; DoJ

    and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

    [Editor] Following is some legal precedants which need sorting for relevance:

    UNITED STATES OF AMERICA AGAINST HOYTS CINEMAS CORPORATION, REGAL …
    an amended complaint under the Americans with Disabilities Act (?ADA?) alleging that the Regal Entertainment Group, Regal Cinemas, Inc. and Hoyts Cinemas Corporation…
    http://www.usdoj.gov/crt/ada/regal.htm

    UNITED STATES OF AMERICA V. CINEMARK USA, INC.
    12 American Fork The Meadows 715 West 180 North American Fork, UT 84003 Holiday Village 4 1776 Park Avenue #4 Box 770-309 Park City, UT 84060 Virginia Cinemark Norfolk…
    http://www.usdoj.gov/crt/ada/cinemark/cinemark4main.htm

    –Accessibility Realities Correspondance–
    letter responds to your letter regarding accessibility in multiscreen cinemas under the Americans With Disabilities Act (ADA). Specifically, your letter asks the…
    http://www.usdoj.gov/crt/foia/tal551.txt

    In the United States District Court for Western District of Tennessee …
    this action to enforce provisions of the Americans with Disabilities Act (ADA) against Defendants American Multi-Cinema, Inc. and AMC Entertainment Inc. (collectively…
    http://www.usdoj.gov/crt/ada/amcnonlos.htm

    U.S. v. Hoyts Cinemas Corp.: Opposition of the US to Defendant …
    citizens. A decade after the Americans with Disabilities Act (“ADA“), 42 U.S.C. ? 12101 et seq., was signed into law, Hoyts Cinemas Corp. (“Hoyts”) is designing and…
    http://www.usdoj.gov/crt/ada/briefs/hoytopbr.pdf

    Fiedler v. American Multi-Cinema, Inc.
    and operated by the defendant, American Multi-Cinema, Inc. (“AMC”), are in violation of title III of the Americans with Disabilities Act (“ADA” or “the Act”), 42…
    http://www.usdoj.gov/crt/ada/briefs/fiedlerbr.pdf

    SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND …
    DISABILITIES ACT IN DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-21-17 horizontal divider BACKGROUND This matter was initiated by a complaint filed under title III…
    http://www.usdoj.gov/crt/ada/wallace.htm

    JUSTICE DEPARTMENT SUES MAJOR MOVIE THEATER CHAIN FOR FAILING …
    DEPARTMENT SUES MAJOR MOVIE THEATER CHAIN FOR FAILING TO COMPLY WITH ADA WASHINGTON, D.C. – American Multi-Cinema, Inc. and AMC Entertainment, operators of one of…
    http://www.ada.gov/archive/amcpress.htm

    JUSTICE DEPARTMENT SUES MAJOR MOVIE THEATER CHAIN FOR FAILING …
    DEPARTMENT SUES MAJOR MOVIE THEATER CHAIN FOR FAILING TO COMPLY WITH ADA WASHINGTON, D.C. – American Multi-Cinema, Inc. and AMC Entertainment, operators of one of…
    http://www.ada.gov/archive/amcpress.htm

    Disability Rights online Newsletter: Issue Eight
    of Massachusetts filed suit against Hoyts Cinemas Corporation, a theater chain subse- quently acquired by Regal in March of 2003. The initial suit alleged that Hoyts…
    http://www.ada.gov/newsltr0805.pdf

    –No Title–
    convenience basis shall make available, upon request, a TDD for the use of an individual who has impaired hearing or a communication disorder. (2) This part does…
    http://www.usdoj.gov/crt/foia/tal063.txt

    Breaking News – HI / VI

    Michael Karagosian Closed Caption Analysis of 6 Feb 2009

    We now have a second closed caption system on the market that utilizes thestandardized CSP/RPL protocol. The new product is from Intelligent Access Systems, led by Leanne West and Ethan Adler.  Leanne is known for her work with Georgia Tech Research Institute. Intelligent Access has volunteered to participate in the ISDCF March demo.

    [Editor: The ISDCF March demo is primarily centered on evaluating the changes coming with the change from the InterOp format to the SMPTE format for DCPs. Evaluating caption systems are not the primary goal of the this science-base demo.]

    We now have substantial support in digital cinema for accessibility.  Below
    is a brief review of the closed caption products on the market.

    USL
    USL offers a single infrared transmitter solution to provide 2-channel audio
    and closed captions into the auditorium.  The transmitter receives CSP/RPL
    for closed captions.  The transmitter drives two different closed caption
    displays:  a cup-holder-mounted display, and closed caption glasses.  The
    transmitter also drives USL’s assistive listening solution, which supports 2
    user-selectable channels.
    http://www.uslinc.com/images/products/download/CCS-OneSheet.pdf
    http://www.uslinc.com/products-assi_listen_devic.html

    Intelligent Access Systems
    Intelligent Access offers a WiFi-driven closed caption solution.  The WiFi
    transmitter receives CSP/RPL for closed captions.  The WiFi signal can be
    received by Windows Mobile or iPhone/iPod Touch devices connected to closed
    caption glasses.
    http://www.intelligentaccesssystems.com/

    Doremi
    Doremi offers a ZigBee wireless transmitter (similar to Bluetooth) to drive
    its cup-holder-mounted closed caption display.  Doremi’s transmitter is
    added to the server, and cannot be driven by a CSP/RPL server output.
    (no product link found)

    Williams Sound
    Williams Sound makes both RF and infrared driven headphones for assistive
    listening applications.  
    http://www.williamssound.com/productlist.aspx

    WGBH MoPix (Motion Picture Access)

    Rear Window Captioning system, explicitly supported by the USL box, as well as directly by 4 of the major dcinema server vendors.

    Digital cinema servers today that can drive SMPTE 430-10 and 430-11 (CSP and
    RPL) closed caption systems include Dolby, Doremi, GDC, Sony, and XDC.

    NATO will hold a a demonstration of all of the above accessibility solutions
    at ShoWest.  The demonstration will take place on March 17, from 10am to
    12pm, in Ballys South Tower, 3nd floor Las Vegas meeting rooms.

    A similar demonstration will also take place at Show Canada in late April.


    Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities – Notice of proposed rule making

     


    ARTICLES dealing with Intelligent Designs System

    Intelligent Access Captioning System works with iPod Touch or iPhone;
    WRAP visor for use in theaters, sports arenas, classrooms, etc.

    Widening the Wireless World – Spring 2007 – Research center promotes accessibility to wireless technologies for people with disabilities

    Virtual Voices – Winter 2005; Wearable captioning system would open world of public venues to people who are deaf or hard of hearing

    Landmarc Research Center – Intelligent Access; Wireless Personal Captioning System



    Crown Settlement re: Assistive Listening – 1991

    SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CROWN THEATERS re: assistive listening systems in theaters

    Settlement Agreement Department of Justice Press Releases

    alt1991

    red horizontal bar

     

     

    SETTLEMENT

     

    DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-14-34

     

     

    DEFINITIONS

    1. The definitions of the following terms, which are not defined elsewhere, shall apply to this settlement agreement only:

    A. “Alteration,” when used with respect to an audio-amplification system in a motion picture theater auditorium, means the replacement of speakers and/or other components that are made a part of the facility’s physical structure by the use of electrical wiring or other means.

    B. “Assistive Listening System” means the equipment that augments a motion picture theater’s audio-amplification system for persons with hearing impairments. It includes a “transmitter,” “receivers,” and either headsets or “neck loop coupling devices.”

    C. “Auditorium” means a room within a “theater” that has seats and a screen and is used for the exhibition of motion pictures.

    D. “Multi-Screen Cinema Complex” means a single facility containing more than one “auditorium.”

    E. “Neck Loop Coupling Device” means a device attached to a “receiver” that is worn around the neck of a person with a hearing impairment (as opposed to a headset) and allows the signal emitted from a “transmitter” to be received directly through certain types of hearing aids.

    F. “Receiver” means the component of an “assistive listening system” which a person with a hearing impairment uses (either with or without a hearing aid) to receive signals, usually in the form of “FM” radio or infra-red waves, emitted from a “transmitter.”

    G. “Theater” means the facility in which one or more “auditoriums” are located, or may refer to an “auditorium” that is not located within a “multi-screen cinema complex.”

    H. “Transmitter” means the component of an “assistive listening system” that converts sound from an audio-amplification system into either “FM” or infra-red waves and transmits these signals to individual “receivers” used by persons with hearing impairments.

     

    SUBJECTS OF THE AGREEMENT

    2. The subjects of this settlement agreement are:

    A. the acquisition, of additional receivers for assistive listening systems for the existing, altered, and newly-constructed motion picture theater auditoriums in the United States owned and/or operated by Crown Theaters and;

    B. the maintenance and promotion of the use of assistive listening systems by Crown Theaters.

     

    BACKGROUND

    3. This matter was initiated by a complaint filed with the United States Department of Justice (“the Department”). The complaint alleged that the Crown Cine Theater located in Danbury, Connecticut, owned and operated by Crown Theaters in South Norwalk, Connecticut, was in violation of title III of the Americans with Disabilities Act (“ADA” or “the Act”), 42 U.S.C. § 12181-12189, and the Department of Justice title III implementing regulation, 28 C.F.R. Pt. 36, because it does not have enough assistive listening systems to provide effective communication to persons with hearing impairments. The Department investigated the complaint pursuant to 42 U.S.C. § 12188(b).

    4. The Crown Cine Theater in Danbury, Connecticut has three screens with a total of 1,074 seats. The theater is equipped with a permanently installed assistive listening systems with a total of fifteen receivers. The Crown Cine Theater advertises the availability of the assistive listening system in newspaper advertisements and at the box office.

    5. The Crown Cine Theater in Danbury, Connecticut was constructed before the effective date of title III of the ADA, (January 26, 1992).

    6. The parties have decided to resolve this matter as set forth below without adjudication of this dispute. This agreement is for settlement purposes only. It does not constitute an admission of guilt or an admission by Crown Theaters that it engaged in any acts or practices, including the acts or practices described above, that constitute a violation of the ADA.

     

    THE PARTIES

    7. The parties to this agreement are the United States of America and Crown Theaters.

    AGREEMENT

    8. Crown Theaters is a public accommodation and is thus subject to the requirements of title III of the ADA, because it owns and/or operates motion picture theaters. 42 U.S.C. § 12182(7)(C); 28 C.F.R. § 36.104.

    9. Crown Theaters has an obligation to provide auxiliary aids and services necessary for effective communication, including assistive listening systems, in all of its existing motion picture auditoriums, provided that doing so would not fundamentally alter the nature of the goods or services being provided and would not result in an undue burden (i.e., significant difficulty or cost). 42 U.S.C. § 12182(b)(2)(A)(3); 28 C.F.R. § 36.303(a) and (c).

    10. Providing assistive listening systems does not fundamentally alter the nature of the goods and services offered in a motion picture theater, and providing additional receivers at this time in accordance with the terms of this agreement will not result in an undue burden for Crown Theaters.

     

    Acquisition of Receivers

    11. Crown Theaters agrees that by August 30, 1999, it will:

    A. provide 27 receivers for the assistive listening systems at Crown Cine Theater (equal in number to at least two percent of its 1,074 seats). Because Crown theaters has 15, only 12 more are required in all motion picture theater auditoriums where alterations have not been made to an audio-amplification system since January 26, 1992;

    B. ensure that at least one of the receivers in each auditorium shall have a neck loop coupling device, for a total of three.

    12. By August 30, 1999, Crown Theaters will submit to the Department a report indicating those auditoriums at which receivers for assistive listening systems have been provided in accordance with the provisions of paragraph 12.

    13. The provisions of paragraph 12 do not affect Crown Theaters’ obligation to provide receivers equal in number to at least four percent of available seats in all newly- constructed auditoriums. See Standards § 4.1.3(19)(b).

     

    Employee Training and Customer Service

    14. Crown Theaters shall take all steps necessary, which may include providing staff training, to ensure that appropriate staff at all theaters:

    A. are informed of the availability of assistive listening systems;

    B. know where receivers are located on the premises, so that requests for them can be honored promptly; and

    C. are familiar with how the assistive listening systems operate, so that they are able to provide basic instruction to customers who are unfamiliar with them, respond to customer questions or complaints, including inquiries by telephone, and conduct testing as required by paragraph 18(A).

     

    Maintenance

    15. Crown Theaters agrees that within six months of the effective date of this agreement it will take the following steps to ensure that assistive listening systems are maintained in proper working order at all theaters:

    A. implement a plan according to which theaters will be required to test all receivers and transmitters at least once every month, and immediately test any receiver and/or transmitter about which a customer complaint is received;

    B. establish a formal requirement that appropriate staff keep records of such testing and, whenever necessary, report any problems with equipment to the Chief Operating Officer;

    C. establish procedures requiring that, by the next business day when repair facilities are open after the need for repair or replacement of assistive listening systems is discovered, actions will be initiated to ensure that repairs are made or new equipment will be obtained as soon as is practicable.

    16. Within six months of the effective date of this agreement, Crown Theaters will establish policies requiring all theaters that become inaccessible for more than 48 hours because of assistive listening systems that are in need of replacement or repair to provide the following information through their pre-recorded telephone messages:

    A. that assistive listening systems are not functioning at the theater;

    B. the estimated date by which repair or replacement of assistive listening systems will be completed.

    17. Also within six month of the effective date of this agreement, Crown Theaters will establish a policy requiring all of its theaters to issue free movie passes to a future showing of any film at any Crown Theater, along with a full refund of any money actually paid and a written or verbal apology, to any person with a hearing impairment and his or her companion(s), who cannot attend a particular showing of a film because an assistive listening is not in proper working order, if there was no notice of said fact included in the theater’s prerecorded telephone message.

    Promotion, Outreach, and Advertising

    18. In addition to its current practice of providing information concerning the availability of assistive listening systems as part of printed advertisements for its theaters, Crown Theater agrees to take the following actions in order to advertise the availability and promote the use of assistive listening systems at its theaters:

    A. within six months of the effective date of this agreement, install signage complying with §§ 4.1.3(19)(b) and 4.30 of the Standards for Accessible Design at any theater that currently has no such signage;

    B. beginning six months from the effective date of this agreement, include information about the availability of assistive listening systems in each theater’s pre-recorded -telephone announcements;

     

    ENFORCEMENT

    19. The Attorney General is authorized, pursuant to 42 U.S.C. § 12188(b)(1)(B), to bring a civil action enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this agreement set forth above, the Attorney General agrees to refrain from taking more formal enforcement action in this matter during the pendency of this agreement, as long as Crown Theaters complies with all terms of this agreement.

    20. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court to enforce this Agreement or the requirements of Title III, following written notice to Crown Theater of possible violation and a period of 10 days in which Crown Theater has the opportunity to cure the alleged violations.

    21. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice’s right to enforce other deadlines and provisions of this Agreement.

     

    PUBLIC AGREEMENT

    22. This agreement is a public document. A copy of this agreement or any information contained herein may be made available to any person by Crown Theaters or the Department upon request.

     

    EFFECTIVE DATE/TERMINATION DATE

    23. The effective date of the Agreement is the date of the last signature below.

     

    SCOPE OF AGREEMENT

    24. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions.

    25. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other Federal Law. This Agreement does not affect Crown Theater’s continuing responsibility to comply with all aspects of title III of the ADA.

    26. The signer of this documents for Crown Theaters represents that he or she is authorized to bind Crown Theater to this Agreement.

     

    FOR THE UNITED STATES:

     

    BILL LANN LEE
    Acting Assistant Attorney General
    Civil Rights Division

     

    Date: BY: JOHN L. WODATCH, Chief
    Allison Nichol, Deputy Chief
    Susan B. Reilly, Supervising Attorney
    Celeste A. Simmons, Investigator
    Disability Rights Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66738
    Washington, D.C. 20035-6738
    (202) 307-0663

     

    FOR CROWN THEATERS

    MILTON DALY Date:

    Senior Executive Vice President &

    Chief Operating Officer

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    last revised February 5, 2001