Seyfarth Synopsis: June 2, 2018 marked the second compliance deadline for movie theatres with auditoriums showing digital movies to comply with the ADA Title III Movie Captioning and Audio Description Rule.
June 2 marked the arrival of the second of four deadlines under the ADA Title III Movie Captioning and Audio Description Rule, which went into effect on January 17, 2017—45 days after its publication in the Federal Register. The time for compliance with the Rule's provisions varies depending on the specific requirement or event that triggers compliance. The Rule's various compliance deadlines are as follows:
- January 17, 2017 — Beginning January 17, 2017, movie theatres which were providing closed captioning and audio description services as of that date must notify the public about the availability of these features, and have staff available to assist movie patrons with the equipment.
- June 2, 2018 — Any movie theatre that was showing digital movies (movies in which images and sound captured on computer disk rather than film) on December 2, 2016 and did not at that time have the available equipment necessary to provide accessibility services to movie patrons must, starting June 2, have available and maintain the equipment necessary to provide closed captioning and audio description at a movie patron's seat. These movie theatres must also comply with the January 17, 2017 compliance deadline requirements.
Deadlines only applicable to movie theatres converting auditoriums from analog to digital projection systems:
- December 2, 2018 — If conversion of the auditorium from analog to digital projection occurred between December 3, 2016 and June 2, 2018, then the theatre has until December 2, 2018 to have available and maintain the necessary equipment for closed captioning and audio description. Once closed captioning and audio description is made available, these movie theatres will also have to comply with the January 17, 2017 compliance deadline requirements.
- Within 6 months after the date of conversion — If conversion of the auditorium from analog to digital projection occurs on or after June 3, 2018, then these theatres have six months to have available and maintain the necessary equipment for closed captioning and audio description. Once closed captioning and audio description is made available, these movie theatres will also have to comply with the January 17, 2017 compliance deadline requirements.
What does this mean for movie theatres? Movie theatres that were showing digital movies on December 2, 2016 should ensure that they have the necessary equipment. Those that have converted – or will convert to digital projection systems – should take note of the future compliance deadlines. While the Rule is intended to enhance the accessibility of movie going in the United States, it will also impose additional costs on the industry in the form of new equipment, employee training, advertising and future litigation, for which theatres should be prepared.
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