Theatre Must Provide Captioning For All Live Performances

[Guest]

https://www.adatitleiii.com/2018/05/theatre-must-provide-captioning-for-all-live-performances-says-federal-judge/?utm_source=Seyfarth+Shaw+-+ADA+Title+III+News+%26+Insights&utm_campaign=7c2fff85ee-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_decb46f1f5-7c2fff85ee-72761825

Theatre Must Provide Captioning For All Live Performances Says Federal Judge

May 1, 2018

Seyfarth Synopsis:  A Missouri federal judge orders a theatre to provide, upon request, captioning services for the deaf for all theatrical performances.

A federal judge in Missouri recently ordered a 4500-seat indoor theatre to provide open or closed captioning for all theatrical performances upon request with two weeks’ notice, in a lawsuit brought by deaf patrons and advocacy organizations.

The Fabulous Fox Theatre in St. Louis, Missouri initially offered no captioning services of any kind for its theatre productions. After the plaintiffs filed their lawsuit, the theater agreed to provide captioning on a handheld device for one prescheduled Broadway-style performance per production (usually on a Saturday matinee), if it receives a request for captioning two weeks before the show. The theatre provided stands for the devices only at designated accessible seats because the fire marshal considered them to be a fire hazard. The plaintiffs maintained that captioning should be available for all shows, and that the theatre should provide stands for the handheld devices at all seats, not just accessible seats. They also sought an injunction requiring the theatre to (a) publicize the availability of captioning; (b) provide a means to request captioning; and (c) provide a method for people to purchase tickets by non-telephonic means, including e-mail.

The judge agreed with the plaintiffs on every issue but one. The judge held that providing captioning for only one show per Broadway-style production denied plaintiffs the equal opportunity to participate in the theatre’s performances because it limited their ability to choose from a number of different performances that were available to non-disabled patrons. The court also found that the theatre had failed to meet its obligation to provide auxiliary aids and services to ensure effective communication with the plaintiff. The theatre did not attempt to argue that providing captioning for all performances upon request would be an undue burden or fundamental alteration of its performances. Accordingly, the court ordered the theatre to provide captioning for all theatrical performances upon request with two weeks’ notice. The court also – with no discussion – ordered the theatre to publicize the availability of captioning, provide a means to request captioning, and provide a method of buying tickets through non-telephonic means, including e-mail. The court did not require the theatre to provide stands for the captioning devices at non-accessible seats, due to fire safety concerns.

The decision serves as a reminder that Title III of the ADA requires public accommodations to provide auxiliary aids and services to individuals with disabilities to ensure effective communication with them, unless doing so imposes an undue burden or fundamentally alters the nature of the goods and services provided. Organizers of events that are open to the public should keep this in mind and have a plan for ensuring effective communication for participants and spectators with different types of disabilities, as there have been a number of lawsuits filed in the past several years over the lack of captioning for live events.

Edited by Kristina Launey.

[James Thomas Rook Jr.]

I wonder what kind of accommodations theatrical performances must provide to the stupid and insane?

I remember back in the 60's, I became the world's greatest surfer, with absolutely no talent or natural ability.

I had cards printed up.

With that in mind .... just hand the complainers a copy of the  script, and a big plastic thumb, so they will not lose their place ....

[James Thomas Rook Jr.]

..... and keep their driver's licenses as collateral, to insure that you get your script back.

Let them keep the thumb as a souvenir.

They can use it to poke out an eye.

[JW Insider]

19 hours ago, James Thomas Rook Jr. said:

I wonder what kind of accommodations theatrical performances must provide to the stupid and insane?

How about charging $100 to $175 or more for the majority of the seats? That accommodates the insane pretty well.

That said, you made the jump to associate a kind of parity between the deaf and the insane. That was stupid. Would you like to buy an orchestra seat for "Phantom" this Saturday?

[James Thomas Rook Jr.]

2 hours ago, JW Insider said:

That said, you made the jump to associate a kind of parity between the deaf and the insane. That was stupid. Would you like to buy an orchestra seat for "Phantom" this Saturday?

Actually, it never occurred to me to make any association between the deaf and the insane.  Even a Barbarian such as myself knows better than that! 

ACTUALLY ... I was trying to make an association to those people who ACCOMODATE the insane rulings of courts, with state of the art technology for the occasional deaf person ... when a bound script would fulfill the requirements of the courts.

I have my own handicaps, which are legion, and having been blind twice in my life, and it never even occurred to me to ask for any kind of accommodation at all ... it was MY responsibility to cope ... or do without.

Why?

BECAUSE SOMEONE ELSE"S life gets taxed for it.

I remember the prayer: "Oh gracious God ... please save me from those with good intentions!".

At work I had two 26" monitors at my computer station, and I figured out how to make one of them show whatever was at the cursor at the other screen huge, and even then it was a problem that slowed me down dramatically.

I used to drive two hours to work every day from Charlotte to Greenville, SC in the dark, following pale pink orbs on the Interstate that were to others, sharp red car tail lights, and had a timer on my front seat so I would know when to get off the Interstate, as I could not see the signs or the road ... and HOPED that another car would go up the exit ramp before me so I could follow the pink fog.

I drove by memory, and desperation.

Where do we stop?   Having someone off to the side of the stage using American Sign Language to accommodate the deaf people in the audience?  

Should we put wrist, ankle and waistband  lead weights on ballerinas, because I have neither the grace, talent or strength to do what they do? 

Things that are NOT equal is reality ... sorry about that.

Should I have someone else pay to have my legs shortened so that I can fly certain aircraft?   Should I INSIST that aircraft manufacturers design their cockpits to accommodate my overly large frame?

It is SO UNFAIR that I am too tall and as big as a refrigerator.

BOO frigging HOO !

I guess I will just have to do without!

Should I have liposuction and breast augmentation (.... as much as ballerinas have...) at others' expense, so I can compete with with them?

That would, in my opinion, be tutu much!

 

[James Thomas Rook Jr.]

1 hour ago, JW Insider said:

Would you like to buy an orchestra seat for "Phantom" this Saturday?

Not unless it is the Phantom, "The Ghost who Walks", by Lee Falk. 

I would pay to see that !