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 October 1999
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Announcements

Justice Department Sues Major Movie Theater Chain For Failing To Comply With ADA

American Multi-Cinema, Inc. and AMC Entertainment, operators of one of the nation's largest chains of movie theaters, were sued by the Justice Department for not providing stadium style seating to individuals who use wheelchairs.

The lawsuit, filed in U. S. District Court in Los Angeles, alleges that the companies violated the Americans with Disabilities Act (ADA) by denying moviegoers who use wheelchairs or cannot climb stairs equal access to stadium-style seats. Stadium-style seats are seats that are placed on risers to provide unobstructed views with improved viewing angles. Except in AMC's largest auditoriums, patrons cannot access stadium-style seats unless they can climb stairs.

The Justice Department began investigating AMC's stadium style theaters in the Los Angeles area after receiving complaints from persons with disabilities there who were denied access to stadium-style seats in those theaters. The Department negotiated with AMC for seven months in an attempt to resolve this matter short of litigation.

AMC and AMC Entertainment introduced stadium-style seating to motion picture theaters in the U. S. and the trend has recently taken over the movie theater industry. In AMC's stadium-style theaters, many seats are stadium-style, which are located on stepped 18 inch risers and provide a comfortable, unobstructed view of the screen over the heads of persons seated in all rows ahead. There are a few rows of seats at the very front of the theater that are accessed by a sloped aisle. Wheelchair seating is located in this front section in all but a handful of the largest auditoriums in AMC's theater megaplexes, which can have as many as 30 auditoriums.

The seating in the front section of the theater is much closer to the large screen and on a lower level than the stadium-style seats and does not provide the same comfortable, unobstructed view of the screen. By placing almost all wheelchair seating locations in the front section of the theater, AMC has denied access to the better seats for all persons whose disabilities prevent them from climbing stairs.

The ADA requires places of public accommodation, such as movie theaters, to provide equal access to persons with disabilities and prevents them from providing persons with disabilities a lower quality of goods and services than they provide other members of the general public. Under the ADA, newly constructed facilities, including motion picture theaters, must be readily accessible to and usable by individuals with disabilities. In addition to requiring that some seating be made available to individuals who use wheelchairs, the ADA also requires that those wheelchair seating locations provide lines of sight that are "comparable" to the lines of sight provided to other moviegoers.

Earlier this year, in Lara V. Cinemark USA, Inc, a federal court in Waco Texas, ruled that two stadium style movie theaters in the Cinemark movie theater chain violated the ADA by forcing patrons who use wheelchairs to sit in the front two rows of the theaters in sloped floor seating. The Department filed an amicus brief on behalf of a group of individuals with disabilities who claim that Cinemark USA violated the ADA in the design and construction of a 20- screen, stadium-style theater complex. The court agreed with the Department that the El Paso complex violates the ADA's requirement for comparable lines of sight. No decision has been made yet on what remedies are appropriate.

The Department is also investigating other movie theaters and theater chains that do not offer wheelchair locations that provide comparable lines of sight in stadium-style theaters.

Source: DOJ

"This is a matter of basic fairness, 11 said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. ""People who use wheelchairs go to the movies, and pay the same prices, as everyone else. They should have access to seats of comparable quality to those available to most other patrons."

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Governor's Advisory Committee on Careers in the Arts for People with Disabilities

History

In April of 1998, the Governor appointed a 36 member Advisory Committee on Careers in the Arts for People with Disabilities in response to a national initiative. Under the leadership of Mrs. Glendening, a strong advocate for the-arts, the committee, composed of artists with disabilities, representatives of service providers, arts organizations and state agencies, was charged with developing recommendations to increase access to careers in the arts for individuals with disabilities. Rob McQuay, a professional actor who as a result of an accident now uses a wheelchair, was asked to serve as Chair of the Advisory Committee on Careers in the Arts.

In June of 1998, representatives of the state committee attended the National Forum on Careers in the Arts for People with Disabilities which was held at the John F. Kennedy Center for the Performing Arts in Washington, D.C.

The Governor's Advisory Committee on Careers in the Arts for People with Disabilities has developed the following mission and goals.

Mission

The Governor's Advisory Committee on Careers in the Arts for People with Disabilities serves to educate and motivate arts producers, presenters, trade unions and educators to include people with disabilities in all aspects of their operations, and to advocate for equal training and employment opportunities for artists and potential artists with disabilities in the state of Maryland.

Goal #1

To convene the Maryland Forum on Careers in the Arts for People with Disabilities to include performances and exhibits, presentations by leaders in the field, training sessions and facilitated sessions to identify and develop strategies to increase training and employment in the arts for people with disabilities. This will be the first state level conference and may result in Maryland being featured at the follow up to the 1998 National Forum on Careers in the Arts for People with Disabilities.

Goal #2

To offer workshops for people with disabilities, parents, teachers, counselors and administrators; strategies to include arts demonstrations, exhibitions, performances and training in order to increase availability of and to encourage participation in arts education and training opportunities for people with disabilities.

Goal #3

To increase the number of arts organizations, facilities and settings that are both physically and programmatically accessible and whose leadership actively seek the participation of people with disabilities in all aspects of their programs.

Partner with Very Special Arts/Maryland, the Maryland State Arts Council and the Governor's Office for Individuals with Disabilities to develop a team of three individuals to attend the Cultural Access Institute sponsored by VSA Massachusetts and then disseminate materials and provide trainings regarding physical and programmatic access from the Cultural Access Institute statewide.

Identify and contact arts organizations who s, facilities are currently under renovation or being designed and built to raise the level of sensitivity to the issue of physical and programmatic accessibility.

To develop an awards program to recognize outstanding arts organizations.

Goal #4

To develop new resources while supporting existing resources for the promotion of professional artists with disabilities people with disabilities seeking a career in the arts, and related arts activities.

To approach related organizations and develop a coalition.

To locate resources for the establishment of a Maryland Artists with Disabilities Clearinghouse and assist in it's development. Components to include:

Goal #5

To monitor policy and legislation to achieve these goals and objectives.

Conclusion

The FY 2000 budget provides funding for several of the recommendations. In the fall, a Maryland Cultural Access Institute will be held. Co-sponsored by the Maryland State Arts Council, the Governor's Committee on Employment of People with Disabilities and VSA (formerly Very Special Arts), training will be provided to volunteers who will then provide technical assistance to arts organizations through the state in providing physical and programmatic access to individuals with disabilities.

In spring of 2000, The Maryland Forum on Careers in the Arts for People with Disabilities will occur. Artists with disabilities from across the state will come together to develop strategies to overcoming barriers to careers in the arts.

In addition, money was made available to create the Maryland Artists with Disabilities information clearinghouse. Filmmakers, employers looking for performances related to diversity and disability and others looking to hire artists with disabilities will be able to utilize this valuable statewide resource.

Jade Ann Gingerich
Governor's Advisory Committee on Careers in the Arts for People with Disabilities 410-333-2263 phone, 410-333-6674 fax, ginger@clark.net email.

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Performers With Disabilities FAQ's

EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT WORKING WITH PERFORMERS WITH DISABILITIES BUT WERE AFRAID TO ASK

1. Will the employment of performers with disabilities increase employer insurance costs?
No.

2. Will rehearsals/production take longer if we hire a performer with a disability?
Performers with disabilities do not require more rehearsal and production time than the average performer without a disability.

3. Is it permissible to ask a performer questions about his/her disability or the extent of his/her impairment?
No. But the Producer may describe the specific requirements of the role and ask whether the performer can fulfill thew requirements with or without reasonable accommodations. Further the performer may be asked to demonstrate a script-mandated task without any obligation on the Producer to require a similar demonstration from a non-disabled performer. Once the requirements have been described, however, it is the performer's responsibility to specify what accommodations, if any, are needed.

4. Is it permissible for actors to be asked whether they can perform without their accommodation, i.e., wheelchair, guide dog, and/or interpreter?
Yes, but unless working without the accommodation is essential to the role, the performer may refuse.

5. What is the Producer's responsibility for an attendant who may accompany a performer with a disability to a location or to a rehearsal/performance?
None.

6. Is it expected that a production person be assigned specifically to a performer with a disability?
No.

7. Do cables, scenery, cameras, the edge of a stage, etc. create problems for disabled performers?
Professional actors who are disabled are skillful at maneuvering both on and off the stage, sets, or studios.

8. Does the Producer have any responsibility to provide special transportation for performers with a mobility impairment?
When transportation is required by the collective bargaining agreement, reasonable accommodations must be provided.

9. Is it permissible to ask a performer who is a wheelchair user if s/he is able to transfer from the wheelchair without assistance?
Yes.

10. What happens if the dressing room/holding area cannot be made accessible?
Reasonable accommodations must be made for all employees. An accessible, set-aside area must be provided affording similar amenities as would be found in the non-accessible dressing room holding area.

11. If a performer who is blind or visually impaired wishes a script/sides transcribed into Braille, audio tape or large print, who is responsible for having it done?
Under the Americans with Disabilities Act, the Producer is responsible.

12. What is the likelihood of the wheelchair breaking down or a guide dog having an accident?
These situations are extremely unlikely to occur. Performers with disabilities use their accommodations daily and are able to deal with any unusual problem that might arise.

13. Is the producer required to hire sign language interpreters if deaf or hard of hearing performers are employed? And, if so, how many must be hired and how much will this cost?
Sign language interpreters are a reasonable accommodation to facilitate communication between the Producer and the performer. We recommend asking the performer if s/he will want an interpreter. The cost will vary according to the base rate in effect, the number of performers requiring service, the amount of hours and/or days the service is required. The extent to which a performer is needed will also determine whether an interpreter is required and whether there is a necessity for more than one.

14. Can deaf or hard of hearing performers lip read or speak?
Some can, some cannot. If lip/speech reading or speaking is a script-mandated task, the performer may be asked whether s/he has that ability and be treated as described under question #3.

15. What is the likelihood that performers with disabilities will lack the stamina, have special medication needs or other requirements that would restrict their ability to put in a full day's work plus possible overtime?
Performers with disabilities expect to be held to the same standards as their colleagues.

16. Can performers with Down syndrome or other cognitive impairments learn and retain lines and direction?
Yes. The ability to learn and retain lines would bit considered an essential job function for any actor; however, a performer with a cognitive impairment may, or may not, require additional time. The performer may be treated as described under question #3.

Please be advised that the information contained in this information card is intended solely as a convenient source of general information to assist employers when hiring performers with disabilities and is not intended to give legal advice to any person, nor does it purport to state accurately or fully describe the present laws and regulations affecting the employment of performers with disabilities or any other employment-regulated laws or regulations. Any person having a question regarding such laws and regulations should consult an attorney.

Performers With Disabilities FAQ's

EVERYTHING PRODUCTION NEEDS TO KNOW WHEN PERFORMERS WITH DISABILITIES ARE HIRED

SAG/AFTRA/AEA recommend asking the performer what accommodation, if any, will be required. Most accommodations are readily achievable for little or no cost. Following are resources to assist you as needed:

GENERAL INFORMATION:

  • Job Accommodation Network (JAN) 1-800-232-9675 or 1-800-526-7234

    Or you may use the following:

    ACCOMMODATING PERFORMERS WHO HAVE MOBILITY IMPAIRMENTS

    WHEELCHAIR ACCESSIBILITY
    If entry to a location consists of one or more steps, a dimensionally appropriate ramp can readily be constructed by the shop craft department for performers who have mobility impairments not requiring wheelchairs. For specifications regarding ramps, etc., specifically for accommodating employees CONTACT:

    COMMUNICATING WITH PERFORMERS WHO ARE DEAF OR HARD OF HEARING

    RELAY SERVICE
    If you do not have a TDD/TTY (Telecommunications Device for the Deaf), you may telephone a person who is deaf through the Relay Service. Just dial

    and give the performer's TDD or TTY number to the Relay Operator (Communication Assistant). The CA will guide you through the simple process.

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    Long Distance Learning Guidelines

    http://www.HTCTU.FHDA.EDU/dlguidelines/final%20dl%20guidelines.htm

    I am pleased to announce that the Chancellor's Office of the State of California Community Colleges has adopted and posted accessible long-distance learning guidelines at the above URL. The California Community Colleges is the largest higher education system in the US serving a population of over 4.1 million students.

    These guidelines are in response to the US Department of Education Office for Civil Rights enforcement efforts for compliance with the Americans with Disabilities Act of 1990 and the Rehabilitation Act. Further background legal information about the long-distance guidelines can be found in my paper "The Growing Digital Divide in Access for People with Disabilities: Overcoming Barriers to Participation" found at
    http://www.aasa.dshs.wa.gov/access/waddell.htm.

    Cynthia D. Waddell

    Cynthia D. Waddell
    ADA Coordinator
    City Manager Department
    City of San Jose, CA USA
    801 North First Street, Room 460
    San Jose, CA 95110-1704
    (408)277-4034
    (408)971-0134 TTY
    (408)277-3885 FAX
    http://www.rit.edu/~easi/webcast/cynthia.htm http://www.aasa.dshs.wa.gov/access/waddell.htm

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    Disability Community Mourns the Passing of Rick Douglas

    The disability community mourns the passing of a great American disability rights leader. On June 28, 1999 Rick Douglas, former executive director of the President's Committee on Employment of People with Disabilities, died of cancer. He had an enormous impact on the lives of everyone he met. He was a true leader and visionary. We will all miss him.


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