Department of Justice Announces ADA Settlement with Owner of Kentucky Theaters

LEXINGTON, Ky. – The Department of Justice today announced a settlement agreement with the owner of four Kentucky theaters, resolving complaints alleging violations of the Americans with Disabilities Act (“ADA”).  The complaints, filed with the Department, asserted that Tenth Frame Cinemas, LLC, in Mt. Sterling, Ky.; Danville Cinemas, LLC, in Danville, Ky.; Somerset Cinemas, LLC, in Somerset, Ky.; and Morehead Cinemas, LLC, in Morehead, Ky. had failed to provide adequate closed captioning technology, which would allow individuals with hearing and/or sight impairments to enjoy newly released movies.  The ADA generally requires places of public accommodation to take the steps necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services.

The settlement agreement resolves the complaints without litigation and requires the owner/operator of the four theaters to (1) provide sufficient closed-captioning devices, receivers, and headsets, for the assisted listening systems and audio description technology, in the theaters; (2) provide necessary training to theater staff regarding the availability and use of the equipment; (3) properly test, repair and maintain the equipment; (4) establish procedures to notify the public if the equipment is inaccessible or non-functioning; (5) establish a policy regarding refunds and future viewings for individuals who have purchased tickets, but are unable to view movies because the equipment is non-functioning; and (6) advertise the availability of the equipment.

“The purpose of the ADA is to ensure that individuals with disabilities are included, and that services that are provided to the public are reasonably available to them,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “This settlement furthers that purpose, by making theater movies more accessible to individuals with disabilities in these Kentucky communities.  We want to commend the theaters involved, both for their cooperation throughout the investigation and their willingness to reach a prompt resolution that benefits individuals with disabilities.  We look forward to working together with them to implement the settlement agreement.”    

People interested in finding out more about the ADA can call the Justice Department’s toll-free Information Line at 800-514-0383 (TDD), or access the ADA homepage at www.ada.gov.