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Notice of Proposed Rulemaking Under Title III of the ADA to Require
Movie Theaters to Provide Closed Movie Captioning and Audio Description

On August 1, 2014, the Department published its Notice of Proposed Rulemaking (NPRM) proposing to amend the Americans with Disabilities Act title III regulation to provide closed movie captioning and audio description to give persons with hearing and vision disabilities access to movies. Closed movie captioning refers to captions that are delivered to the patron at his or her seat and are visible only to that patron. Audio description enables individuals who are blind or have low vision to enjoy movies by providing a spoken narration of key visual elements of a movie, such as actions, settings, facial expressions, costumes, and scene changes. Audio description is transmitted to a user's wireless headset. The Department is proposing to provide a consistent nationwide standard for movie theaters to exhibit movies with closed movie captioning and audio description for all showings of movies that are available with closed movie captioning or audio description. This proposed rule would impose no independent obligation on movie theaters to add captions or audio description to movies that are not already available with those features.

Title III of the ADA requires movie theaters and other public accommodations to provide effective communication through the use of auxiliary aids and services. This rulemaking specifies requirements that movie theaters will need to meet in order to satisfy their effective communication obligations to persons with hearing and vision disabilities. For a summary of the NPRM and its requirements, see the "Questions and Answers about the Department of Justice's Notice of Proposed Rulemaking Under Title III of the ADA to Require Movie Theaters to Provide Closed Movie Captioning and Audio Description."

The comment period originally closed on September 30, 2014. The Department has extended the comment period for an additional sixty days and it now closes on December 1, 2014. The Department encourages the public to review the NPRM and submit comments. Comments may be submitted on the regulations.gov website or by mail at the following addresses: Regular U.S. mail: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 2885, Fairfax, VA 22031-0885; Overnight, courier, or hand delivery: Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 1425 New York Avenue, N.W., Suite 4039, Washington, D.C. 20005.