“In sum, the district court was correct in holding that the ADA does not require Harkins to utilize open captioning as a matter of law. However, the district court erred in holding that closed captioning and descriptive narration are not required by the ADA. Our holding does not necessarily mean that Plaintiffs will be entitled to closed captioning and descriptive narration in Harkins’s theaters. Harkins may still be able to avail itself of several defenses, such as the contention that the devices would fundamentally alter the nature of its services or constitute an undue burden. See 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303(a).”
And so, what looked inevitable during the hearings, became fact. It will take some time to analyse the full extent of this ruling that sends the case back to trial, but the early win of getting the whole matter thrown is gone. The ruling is attached to this document and available to registered users.