Coming to a Theater Near You:
Technology for the Deaf and Hard of Hearing

By Peter C. Harvey
Attorney General

Movies are not only great fun, they provide an important shared reference point in American culture. From “The Wizard of Oz” to “Wall Street,” and from “Star Wars” to “Spiderman,” movies are part of the fabric of our lives, and a rich wellspring for the magic of childhood.

At school or on a playground, two young people may begin as strangers, but if they have both experienced “The Incredible Hulk,” or “Harry Potter,” they possess the beginnings of a shared language that can lead to a lasting friendship. Likewise, adults thrown together by circumstance often find common ground when the talk turns to film trivia, famous actors, or recent movies they have seen.

Over time, movies have influenced everything in our culture from fashion to hair style, and from popular music to daily language. Consider just a few of the famous movie lines that have been absorbed into our everyday lexicon: “Go ahead, make my day,” “I’m gonna make him an offer he can’t refuse,” “Show me the money.” And there are many more.

But despite the power of movies to fire our imaginations and connect us as human beings, the movie-going experience has for too long been difficult to access for a significant population: millions of people in the United States who are deaf or hard of hearing.

In New Jersey, that has now changed forever.

Through separate settlement agreements negotiated with four multiplex theater owners by the New Jersey Office of the Attorney General, including the Division on Civil Rights, cutting-edge captioning technology – in this case, “closed” captioning technology known as Rear Window Captioning -- is coming soon to a movie theater near you. (Rear Window Captioning projects the words of the movie to an individual viewer’s seat by making the captions -- which are projected from behind -- visible on a reflecting device that fits into the seat’s cup holder).

The four theater chains who have agreed to install new captioning systems -- and who have voluntarily selected Rear Window Captioning as the technology -- include American Multi-Cinema (AMC), Clearview Cinemas, National Amusements and Loew’s Cineplex Theaters.

Even as this article is being written, new Rear Window Captioning systems are in place in many New Jersey theaters operated by the four companies. In others, installation work is well under way.

In addition to installing new captioning equipment, the four participating companies have agreed in Voluntary Consent Orders to take the following action:

• Make the public aware of scheduled movies for which Rear Window Captioning is available through newspaper, telephone, Web site and other advertising.
• Keep on hand in theaters an adequate number – typically 10 – of seat reflector screens for use with Rear Window Captioning.
• Visibly post written notice in theater box offices and lobbies informing patrons that Rear Window Captioning is available for specific movies.

Through the installation of new captioning equipment and these other actions, the four participating theater chains will not only be complying fully with the New Jersey Law Against Discrimination (LAD), they will be ensuring that the deaf or hard of hearing have a chance to enjoy the same caliber of movie experience as those who hear.

Prior to negotiation of the settlement agreements, closed captioning was available on only three movie screens in the entire state – typically on a limited basis, and typically during “off” movie-going hours. Now, new Rear Window Captioning technology will be available at a total of 34 movie theaters in 14 New Jersey counties, and the films will be shown at “prime time” movie-going hours on weekends.

Clearly, then, we have made crucial progress with regard to deaf access to first-run movies in our state. Indeed, New Jersey has now emerged as a national leader in this area.

However, some New Jersey multiplex operators have not, to date, been in agreement with the need to install new captioning equipment. A fifth major multiplex chain operating in the state – Regal Entertainment – has so far declined to make changes that would, as far as the State is concerned, bring its theaters into compliance with the LAD.

As a result, the State has filed a discrimination lawsuit against Regal alleging that it is currently in violation of the LAD’s provision concerning places of public accommodation.

We have filed this suit because we remain steadfast in our belief, and our commitment, that deaf and hard of hearing persons must have the same opportunity to enjoy the movie-going experience as anyone else.

At present, there are approximately 720,000 deaf and hard of hearing persons in New Jersey. These individuals should be able to enjoy attending movies at the theaters of their choice, but that has historically not been the case, because most movie theaters here – and in other states -- have not been adequately equipped.

However, the claim advanced in some quarters of the theater industry that we have sought to force movie theater owners to embrace a specific captioning technology is inaccurate.

We have never endorsed or approved any specific captioning technology, nor do we intend to do so. The simple fact is that New Jersey law requires theater owners to make a reasonable accommodation for the deaf and hard of hearing. And it is fair to say that we view closed captioning as an excellent means of complying with the LAD.

The Americans With Disabilities Act (ADA) requires assistive listening devices in all movie theaters. But many hard of hearing individuals cannot fully benefit from these systems, and they need captioning to understand spoken language during films.

The accommodation gap that confronts many deaf and hard of hearing movie fans was underscored for me last March during a disability law forum at Montclair University. The forum -- entitled “Protecting the Rights of People with Hearing Loss” – was sponsored by the Division on Civil Rights, the New Jersey Division of the Deaf and Hard of Hearing, and the Philadelphia District Office of the Equal Employment Opportunity Commission. It was designed to educate the deaf and hard of hearing community about the services the state provides. During the forum, I had an opportunity to meet several deaf and hard of hearing persons, and to discuss with them their concerns. What I learned was that for many who are deaf or hard of hearing, going to a movie can be stressful, unfulfilling and, ultimately, not much fun. Some deaf parents expressed frustration with trying to share a caption-less movie experience with their children who hear.

Others said that waiting to see a movie at home on commercial videotape was a weak substitute for an entertainment experience that most of us take for granted – enjoying a first run motion picture on a big screen.

In September, after several meetings and discussions with advocates for the deaf and hard of hearing, Division on Civil Rights Director J. Frank Vespa-Papaleo and myself met with representatives of the state’s major multiplex theater chains.

Our message was basic: Let’s take this opportunity to demonstrate what the public and private sectors can achieve by working together to expand equal access and, in the process, enhance the quality of life for hundreds of thousands of New Jerseyans.

Fortunately, a majority of major theater companies in New Jersey elected to work with us. And, as a result, New Jersey is emerging as a model for the nation in this area.

Since announcing the settlement agreements with AMC, Clearview, Loew’s, and National Amusement, my office has received numerous thank you letters, including several from parents. One letter in particular stated that hard of hearing youngsters will benefit tremendously from this initiative, because they will now be able to attend movies with friends and family, and to discuss them on equal footing.

This is powerful testimony to the difference that can be made in the life of a deaf or hard of hearing person by improving access. However, we recognize that the State’s work is far from done. Our commitment is to continue working to achieve equal access for those with hearing difficulties and other disabilities, not just in movie theaters, but across the broad spectrum of public accommodations.

The following is a county-by-county list of movie theaters in 14 New Jersey counties that have committed to installing new deaf captioning technology. A locator map of the participating theaters can be viewed at www.nj.gov/oag/theaters .

Bergen county:
Edgewater Multiplex Cinemas, Edgewater; Route 4 10 Plex, Paramus; Route Seventeen 3, Paramus; Ridgefield Park 12, Ridgefield Park;

Camden county:
Atco Multiplex Cinemas, Atco ; Loew’s Cherry Hill, Cherry Hill;

Essex county:
All-Jersey Multiplex Cinemas, Newark; Essex Green 9, West Orange;

Gloucester county:
Deptford 8, Deptford;

Hudson county:
Meadow Six, Seacaucus; Newport Centre, Jersey City; Plaza Eight, Seacaucus;

Mercer county:
Hamilton 24, Hamilton,; Multiplex Cinemas at Town Center Plaza, East Windsor;

Middlesex county:
Amboy Multiplex Cinemas, Sayreville; Loew’s New Brunswick, New Brunswick; Menlo Park 12, Edison;

Monmouth county:
Hazlet Multiplex Cinemas, Hazlet; Middlebrook Cinema 10, Ocean Township; Monmouth Mall 15, Eatontown; Freehold Metroplex, Freehold;

Morris county:
Hanover 12, East Hanover; Kinnelon 11, Kinnelon; Morristown Headquarters Theater 10, Morristown; Parsippany Cinema 12, Parsippany; Succasunna Cinema 10, Succasunna;

Ocean county:
Brick Plaza, Bricktown; Seacourt 10, Toms River;

Passaic county:
Clifton Commons 16, Clifton; Wayne 8, Wayne;

Somerset county:
Bridgewater Commons 7, Bridgewater;

Union county:
Loew’s Jersey Gardens Theatres, Elizabeth; Mountain Side 10, Mountainside;

Warren county:
Mansfield Cinema 14, Hackettstown.

A press release on the original agreement can be viewed at www.nj.gov/oag//newsreleases04/pr20040915a.html .

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