In a case of first impression, a federal court in Maryland ruled that Title III of the ADA required the Redskins to provide deaf and hard of hearing football fans full and equal access to the information broadcast over the public address system at FedEx Field, which includes: music with lyrics, play information, advertisements, referee calls, safety/emergency information and other announcements. Feldman v. Pro Football, Inc., No. AW-06-2266 (D.Md. Sept. 30, 2008). In so doing, the court rejected the Redskins' argument that the only integral information is the game being played, which can be understood by deaf and hard of hearing fans by watching the game. Instead, the court found that the aural information that the Redskins provided to its hearing fans was done so for a reason. Therefore, equal access to this information could not be denied.
Should other courts agree with this conclusion, stadiums will be required to provide captioning for:
- announcements to cheer;
- evacuation instructions;
- announcements of the type of play, names of key players, the number of yards gained or lost, etc.;
- information on the two-minute warning and when the quarter, half or game has ended;
- the referee's explanation of penalties;
- cheerleader announcements;
- non-musical entertainment;
- advertisements and public service announcements;
- out-of-town score announcements; and
- concourse level televisions.
Significantly, all of the foregoing were provided by the Redskins after the suit was filed but before the court issued its decision on cross-motions for summary judgment. As a result, the court was satisfied that there was no indication that the Redskins intended to stop captioning and, therefore, did not issue an injunction with respect to the captioning already in effect. The court's ruling left three issues open for future action.
First, the court did side with the plaintiffs on one unresolved complaint and directed the Redskins to ensure that some lyrics were effectively communicated to deaf and hard of hearing fans. However, the court left open how this would be provided.
Second, the court left open the plaintiffs' claim that captioning on ribbon boards at midfield was insufficient because the plaintiffs could not simultaneously read the captioning and view video on the Jumbo Trons in the end zones. As to this "line of sight" issue, the court believed that there were disputed issues of fact that precluded summary judgment.
Third, also left open was the plaintiffs' claim that the Redskins violated Title III because they did not caption the audio feed of the local radio station that was broadcast in the concourse area of the stadium. According to the court, this claim was not covered by the complaint because it did not mention radio broadcasts at all.
Assuming that the Redskins decision was correctly decided, stadiums and arenas around the country will need to provide captioning for information and announcements made on the public address system. Those who choose not to make that assumption and do not provide captioning can expect copy-cat lawsuits. The Redskins' efforts over the two-year period while the case was pending avoided an injunction and, subject to a subsequent decision by the court, possibly attorney's fees. In subsequent lawsuits elsewhere, if the plaintiff moves for summary judgment prior to the implementation of the captioning, an injunction and attorney's fees will be more difficult to avoid.
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