Motorized Scooters, Other Issues May
Arise
Democratic Congress May
Mean New ADA Legislation
by Steven John Fellman
NATO Washington Counsel
With the Democrats taking control of both
the House and Senate, the Democratic leadership announced
that there
is a good possibility that Congress will seek to expand
the scope of the Americans With Disabilities Act (ADA).
Concern has been expressed with regard to the length of
time it had taken the Department of Justice to analyze
and revise proposed new ADA regulations. Congress may seek
to address certain problems directly through legislation.
Congressional hearings will certainly give disability rights
advocates an opportunity to lobby for increased ADA coverage
regarding public facilities.
In discussions with the disability rights
community, we have identified some primary issues affecting
cinema operators
that we can expect to be addressed during ADA hearings:
1. Websites. There is still a difference of opinion as
to whether and to what extent the ADA covers websites.
It can be expected that disability rights advocates will
ask Congress to provide specific legislation to ensure
that websites are accessible.
2. Electric Wheelchairs. Many people with mobility impairments
are using electric wheelchairs or some form of an electric
scooter. Medicare is paying the cost of some of these
devices and there are a significant number of older Americans
with disability impairments who find that motorized scooters
or wheelchairs enable them to lead a much more active
lifestyle. In some instances, motorized scooters require
more floor space than is currently being provided under
existing ADA regulations. While individuals using motorized
scooters can get access to some wheelchair seating locations,
they may have difficulty moving in and out of such locations
if there are other wheelchair patrons or patrons using
scooters using the adjacent wheelchair space. Disability
rights advocates may ask to increase the size of wheelchair
spaces to deal with this issue.
3. Deaf and Blind Patrons. The current language in the
ADA specifically states that motion picture theatres do
not have to show captioned prints. However, the regulation
also says that all public facilities must consider utilization
of new technology as it arises. The deaf community has
been actively advocating that motion picture theatres be
required to show captioned films. The deaf community has
not been happy with current closed captioning technology.
NATO has been exploring various new open caption technologies
and new forms of closed caption technologies. If hearings
are held, it can be expected that the Congress will want
to know more about what is available and also question
how the transition to digital transmission of motion pictures
will address captioning issues. In this connection, captioning
will not be limited to the text of the dialogue, but will
also include descriptors. Also likely to come under discussion
are enhanced forms of audio transmission to help the blind.
4. Coming Attractions,
Advertising, Alternative Content. Currently,
the concern expressed by disability rights groups has
been limited to the feature film. It can be expected
that these concerns will be expanded to cover any other
offering whether it be advertising, coming attractions,
or other forms of entertainment that can be seen in the
motion picture theatre. Theatre owners will be asked to
discuss how these additional offerings will be made accessible.
If hearings are held, issues will be raised
by operators of public facilities that will be more positive
for motion
picture operators. Operators of public facilities will
ask Congress to require a notice of intent to sue before
suit is filed on ADA matters. Under such a requirement,
before a suit could be filed alleging that the operator
of a public facility is not in compliance with ADA regulations,
the complainant would have to notify the operator of the
facility of the nature of the complaint and provide a reasonable
amount of time for the complaint to be resolved. Operators
of public facilities contend that such a procedure would
greatly lessen the number of suits filed and provide an
opportunity to quickly correct what are often minor ADA
violations.
Operators of public facilities would also
ask Congress to define further what constitutes “disruptive behavior.” For
many operators of motion picture theatres and other facilities,
it is difficult to deal with situations where disabled
individuals present a pattern of behavior that is disruptive
to other members of the audience. Further, legislative
guidance would be helpful in defining when an operator
of a public facility such as a motion picture theatre can
ask a disabled person to leave the facility because that
person’s conduct is disruptive to other members of
the audience or other patrons of the facility.
As the new Congress convenes in January
and the legislative agenda becomes better defined, we will
have more information
on possible new ADA legislation. This is an area in which
you can expect the disability rights community to actively
push for hearings. NATO will keep its members advised
of further developments.
