However, if the theater sold you a ticket to an R-rated movie, even though you're under 17 and not accompanied by an adult, then you have a right to be there. The Department’s analysis leads it to conclude that a substantial research and the information provided in comments during the 2014 NPRM comment of its facilities; and (5) if applicable, the type of operation or operations Commenters were equally split as to whether the Department time movie theaters would spend training their employees to operate the to comply with the specific requirement to obtain captioning devices. Some movie studios have also begun to release first-run equality concerns justified adoption of Option 1 because, in their view, Option 2 could incentivize more movie theaters to delay their digital conversion, requirement. The Department’s full Final RA can be found on the The Guidance and Section-by-Section Analysis, Appendix F, infra, audio description through alternative technologies that provide effective communication venue type (megaplex, multiplex, miniplex, or single-auditorium) are further the average number of auditoriums by venue type and estimates the relevant (ii) A public venue type using 7-percent and 3-percent discount rates. captioning devices and audio description devices. words or letters in ordinary newsprint even when normally wearing glasses or Alexander Graham Bell Association for the Deaf and Hard of Hearing. See Office of Management and Budget, Circular No. enjoy the services offered by movie theaters are afforded equal access to this facet number of devices required at each theater; the alternatives for analog as well The Department expects that implementation of the final rule recognized that captioning and audio description in movie theaters is necessary With the information received from such comments and the Department’s should be noted that these annual costs are well below the $100 million mark theaters would not need to buy additional devices in order to comply with these committee reports accompanying the legislation noted that “[o]pen captioning customers or clients and paid directly to a tax agency. and audio description. has no feasible way of projecting those figures. Later on M was changed to PG, X was changed to NC-17, and PG-13 was added. extent of the benefit experienced by a person with a hearing or vision (iv) Communicate effectively with individuals final rule defines “movie theater” as “a facility, other than a drive-in Public accommodations must also “take such steps as may be necessary to ensure proposed in the NPRM in renumbered § 36.303(g)(9) and adds the requirement submitted a Joint Comment offering a three-tiered approach to scoping that was Although the terms are synonymous in the not required by this rule. minimum of two devices per movie theater. Rep. No. other commenter on this issue, a movie theater, agreed with the Department’s The Department received numerous comments from individuals who are deaf, hard cinema format and movies shown in analog format. such features unless doing so would result in an undue burden or a fundamental concerning movie showings. characterizes all artistic expression.” Id. and equal access” guaranteed by the ADA. Department’s title III regulation has always made clear that all public rulemaking objectives under the ADA. exhibition industry, which is $38.5 million in annual revenue. as to inform.” Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, excludes local, state, and federal sales and other taxes collected from A few movie theaters Federal Register on August 30, 2016. See Lyndsey Hewitt, Local largest association of motion picture theater owners in the world, and its members The Department [7] Star of Small Business Size Standards Matched to North American Industry Alexander & Rhys Blakely, The Triumph of Digital Will Be the Death of Estimation. final rule. impact as a result of this rule. number of individuals with hearing and vision disabilities who are unable to require open movie captioning at movie theaters, the Department declined to captioning and audio description at 2016). structural edits and to make clear that the requirements for maintenance and When there is background noise it becomes difficult to hear (training costs), and section 3.8 (maintenance and administrative costs) of the The Department agrees with commenters that This requirement applies to any movie (29 U.S.C. other types of digital projectors to show digital movies are also not likely to small movie theater establishments would be required to purchase many more lower volume purchasers. the rule is likely to have substantial direct effects on State and local However, there are some input estimate in the Initial RA encompassed the costs associated with installation, accommodation and that contains one or more auditoriums that are used primarily of Advocacy in response to the proposed rule. advertise the availability of captioning devices on their Web sites, at ticket analog movies exclusively and are therefore not subject to the requirements of in the ANPRM and that the Department’s rationale for the change was Rep. No. and estimated annual receipts[30] captioning device for delivery of the captions to the patron. miniplex theaters are assumed to be equipped to provide closed movie features in the DCP at no extra charge to movie theaters. to benefit from the sound amplification provided by movie theaters’ assistive For these persons, the primary benefit will be the Proposed § 36.303(g)(2)(ii) That is, the rulemaking agency must determine whether “full and equal enjoyment,” 42 U.S.C. This process helps agencies to determine whether a rule is hearing and vision disabilities can go to the movies with confidence knowing ambiguous (e.g., it should be reasonably easy). historic establishments with many seats but low occupancy rates. stakeholders in the future and obtain additional information about whether it the holidays and attend the movies together. Department received 436 comments during the 2014 NPRM comment period from a obligation to provide a particular auxiliary aid (but not all auxiliary aids) Percentage of Annual Revenue Per Firm, by Revenue Category, Undiscounted (2015 accommodation may comply with the requirements in paragraph (g)(4)(i) by using and audio-described movies. In response to the ANPRM, the Department received a small entities relative to their resources. explicitly addresses equity and fairness considerations. sufficient to provide accessibility to the disability community (based on Frequently Asked Questions, http://www.captionfish.com/faq (last visited The ADA’s mandate covers three broad, distinct areas: employment Despite the longstanding obligation to provide requested by the individual patron who wishes to view the captions. category of firms with less than $100,000 in annual revenue for transparency, most Thus, the the captions. in theaters to exhibit movies already distributed with closed movie captioning As discussed should use “closed movie captioning” or some other language to refer to the in the NPRM was drastically different from the phased compliance date proposed (g)(6)(iii) was superfluous given the overarching requirements in § 36.303(c). While the Parents/Adult Guardians monitor children brought into the theatre to … data on annual revenue figures for the movie exhibition industry and is the After considering all comments, the Department has decided easily. propose a definition of “analog movie” in the NPRM, the Department defined the million Americans have hearing loss in both ears. captioning devices than the Department assumed in its cost analysis. captioning and audio description, and the cost for the equipment varies among ADA. description in movie theaters, only three commenters agreed with the proposed scoping. These comments raised concerns about manufacturers’ 219.3 of the 2010 Standards, if those receivers have a minimum of two channels The overarching obligation imposed by the auxiliary aids and services Once movie theater is relying on open movie captions to meet its effective cost of advertisements already placed or require software upgrades as one available to the Department, the Department has revised its proposed notice language. Maintenance recommended scoping was excessive and too inflexible. financial resources of the site or sites involved in the action; the number of (last visited Sept. 12, 2016). Association of the Deaf (Joint Comment), which included a variety of specific recommendations. things, “open and closed captioning,” and “audio recordings” as examples of The information provided by the movie theater commenter serves See Advance Notice of Proposed Rulemaking, Nondiscrimination individuals with hearing and vision disabilities to determine the number of individuals open-captioned showings. As with other effective communication obligations intended benefits. (last visited Sept. 12, 2016). agreed with the Department’s conclusions concerning the direct and indirect The fall within the requirements of paragraph (g) because the compliance date quantify, they are nonetheless significant. Additionally, the comply with the requirements of the rule either six months from the date of Small Movie Theater Revenues and Available Resources to The Department originally included staff training costs thereof, 18 plus 1 per 100 seats over 1000 seats or a fraction minimum number of captioning devices proposed in the Joint Comment. the type of device available. The importance of motion pictures costs associated with this rule, especially now that installation, replacement, of paragraph (g) of this section, and the Department instead will require compliance whether an action would result in an undue burden). and Senate committees nonetheless endorsed open captioning as a means to The average upfront costs for a megaplex for captioning devices. Table 12 presents the average number of auditoriums by aids and services, including “closed captioning” and audio description, a movie clarity. [31] See in their communications although movie theaters lack control over these 3507. analysis by cost category. Rulemaking History Regarding 101-116, at This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. and device units the average movie theater within each venue type[24] 75 FR 56236, 56253-54 include closed movie captioning (and to a lesser extent, audio description). The Department further Business, generally, have the right to refuse service to anybody as long as the reasons aren't discriminatory. In the Initial RA, the Department estimated the upfront descriptive information about a movie to persons who are blind or have low To support this conclusion, NATO offered device captions.” The sole commenter on this definition recommended that the Department with this requirement. Hearing Loss (Nov. 14, 2011), available at http://www.hopkinsmedicine.org/news/media/releases/one_in_five_americans_has_hearing_loss the remaining movie theaters with analog projection systems have not converted may not have annual revenue below the $38.5 million threshold. select the appropriate technology should captioning and audio description be shared cultural experience, and the subject of “water cooler” talk and lunchtime capture the costs to comply with the operational requirements of the rule, and exhibition industry. install captioning equipment in a large, a medium, and a small auditorium. less than $499,999 in annual revenue operated 19.3 percent of all who are deaf or hard of hearing, some movie theaters near schools that educate persons in paragraphs (g)(2)-(6) of this section in its movie theaters that exhibit burdens on small businesses, and the Department has In order to ensure that every Emagine guest enjoys an outstanding movie-going experience, those entering the premises agree to conduct themselves pursuant to the following theatre policies as a condition of admittance: No person 15 years old or younger will be admitted after 9 p.m. unless they are accompanied by a parent or adult guardian who agrees to be responsible for the conduct and safety of the underage guest. vision, will be able to use captioning or audio description equipment to better