AMC Is Sued In Bias Case
The state of Arizona is suing one of the nation's largest theater chains for discrimination against those with visual and audio impairments. In a lawsuit filed in Maricopa County Superior Court, the state Attorney General's Office charges that AMC Entertainment Inc. is violating laws that require places of public accommodation to ensure that people with disabilities are not excluded. The lawsuit says AMC does not offer a sufficient number of movie screens that provide captioning for the deaf and descriptive audio services for the blind.
AMC publicist Melanie Bell said that at least one screen in each AMC theater in Arizona is equipped with technology to assist the deaf and the blind. The state's lawsuit says that translates to about one of every 25 auditoriums operated by AMC, which the state does not consider adequate. What is adequate, however, is not clear.
Rose Daly-Rooney of the Attorney General's Office said there's no hard and fast number or percentage of the number of screens that must be accessible. "It's an individualized determination based on the resources of that entity," she said. "It's going to vary on the size of the theater operation."
The intent of state law is that all places of public accommodation must provide access to all. In this case, everyone should be able to enjoy popular movies. A business' only defense is that providing such access would "result in an undue burden." Daly-Rooney said the undue burden refers to the financial resources of the company to provide the needed technology.
One of the most common methods of assisting the hearing impaired is known as "Rear Window Captioning" with a light-emitting diode display on the back wall of the theater. It shows the conversation from the movie the same way closed captioning works on TV, but the letters are in reverse. That enables them to be seen by patrons who are looking at the screen, who also have a small piece of plastic that reflects the captions from the back wall.
The system for those with vision impairment involves a second audio channel on the film describing the action on the screen which is broadcast to those who have specially equipped headsets. The Motion Picture Access Project says it costs about $15,000 per auditorium to install technology to assist both the hearing and visually impaired.
Daly-Rooney said the issue goes beyond the number of auditoriums with the equipment. She said it also requires that there be a sufficient choice available. According to the Motion Picture Access Project, several popular films are available with both types of extra information. These include Borat, Casino Royale, A Good Year, Happy Feet, Open Season, Santa Clause 3 and Stranger than Fiction. Several other films are available with just closed captioning.
But a search of AMC listings in the Phoenix area at Thanksgiving revealed only three of those with either service. And each theater complex had only one movie. Daly-Rooney said availability is crucial to ensure that people are not excluded. She said the same requirements exist for all places of public access, including theaters where plays are performed.
"We're not asking them to create technology that doesn't exist," Daly-Rooney said. "The major movie companies produce films with the captioning and descriptive video information available, and there are readily available devices for theaters to install."