Q: I just read an article about Digital Theater Systems (DTS) and its Cinema Subtitling System. I understand that this system projects subtitles directly onto the screen instead of etching or over-laying them onto the film itself. How would this technology affect TRIPOD?

A: DTS is an equipment based projection device; ours requires no equipment. Tripod Captioned Films is the non-profit arm of the open captioned studio-theatre endeavour to develop and make first run films accessible to Deaf and Hard of Hearing audiences.

We have not endorsed any Open Captioning (OC) or Closed Captioning (CC) equipment to date - nor will we, because these are business decisions to be made by studios and theatres. The film industry by nature is highly competitive and proprietary. It is their business what they decide to put in a theatre or how they will ultimately project films in digital.

What we are doing is starting to work with digital film delivery companies to make them aware of the necessity to include OC and CC capabilities. At this time, one digital standard has yet to be determined. This involves every studio, theatre chain worldwide - not just the U.S. 18 countries have just signed an agreement to push for one standard (which means a theatre wouldn't have to retrofit more than once - like the digital audio mess that happened a few years ago - this is partially the reason that circuits went bankrupt before it is installed.) It will take 7 years to change over once it is decided upon.

I hope this helps - Thanks for your continued support in Tripod Captioned Films.

Nanci Linke-Ellis

Movie Theaters and ADA

The Americans with Disabilities Act contains two statements which appear to contradict each other:

1."Movie theaters are not required to present open-captioned films. However, other public accommodations that impart verbal information through soundtracks on films, video tapes, or slide shows are required to make
such information accessible to persons with hearing impairments.

Captioning is one means to make the information accessible to individuals with disabilities (app B to 28 CFR 36.303(3) and 56 Fed Reg 35567 (July 26, 1991)(Commentary)."

2."Title III applies to private entities that are considered public accommodations because they affect interstate commerce (42 USC 12131-12165). One of the 12 entities include place of entertainment or exhibition (motion picture house; a theater; a concert hall; a stadium; or other place of exhibition or entertainment) ( 42 USC 12181(7)(C))."

Question: which is right? Are movie theaters in number 1 the same thing as in number 2?

If so, then refer to the "auxiliary aids and services which include...open and closed captioning... or other effective methods of making aurally delivered materials available to individuals with hearing impairments (42 USCS 12101(1))"


Message: 2
Date: Sun, 10 Feb 2002 09:33:13 -0500
From: BethJWilson <BethJWilson@compuserve.com>
Subject: Movie Captioning and the ADA

It is very tricky. The ADA only applies to movie theater that shows the movie, not to the people who make the film. Open captioning must be put on the film, so it falls into a loophole that the Hollywood folks fought for that doesn't allow us to infringe on their artistic content. From what
I understand they made the requirement of captions on a film leaving Hollywood sound like we were requiring them to abandon color and produce their films in black and white.

The assistive devices are physical equipment that is distributed by the theater, so this is a requirement under the ADA. Unfortunately, this does not make the movie accessible for people who do not have enough hearing to
be able to use these devices. I, for one, have trouble because I have to take my hearing aid out to wear the device.

The rear-window captioning brings us into a gray area. Now we are talking about something that is physically installed in the theater. Tim Creagan, the Public Policy Director at SHHH, explains it this way. He says that if you could pick up a building, tip it upside down, and shake out all the
contents, anything that remained inside the building would be covered under the ADA. The open captioned movie reels are not a permanent part of the theater, so are not covered by the ADA. That is why the law suits to date have promoted the rear window solution, but dictating a solution was rejected by the last lawsuit that I was aware of. There is another starting up on the east coast, and they are trying to find out what caused the other case to fail.

So to answer the questions specifically below, movie theaters are not required to provide captioned films. They have no control over the content of the film that is provided to them and the film reel does not stay in
the building when you do the ADA test and shake the building upside down, so it is not required. Movie theaters are required to provide accommodations
for people with hearing loss, and to date this has been satisfied by assistive devices. The law suits to date have been trying to challenge that interpretation.

My personal experience with these assistive devices is not good. Even if I can get the volume cranked up enough to make up for removing my hearing aid, I find that the batteries are often dead. My experience has been
that the person responsible for this equipment has only had training in making popcorn. I have actually had them take a unit I have returned with dead batteries and throw it back in the box while they fish me out a different
one. I think some of the batteries are as old as the ADA!

The Coalition for Movie Captioning (of which SHHH is a member) has been very active in all of these efforts. They are in the process of putting together a Frequently Asked Questions webpage, so when I get that address I'll share it with the list.

- Beth