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• Legislation & Compliance

Legal Requirements for Stadium Captioning

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April 19, 2023

Baking Accessibility into Your Event Strategy [FREE webinar]

Whether it’s a concert, sporting event, or theatrical performance, attending live events is a source of joy and excitement for many people. The energy of the crowd, the spectacle of the performance or game, and the sense of being part of something special all contribute to the magic of live entertainment.

However, for those who are deaf or hard of hearing, this experience is incomplete without access to live captions. In-stadium captioning ensures that everyone has the opportunity to fully experience the event. This blog will cover legal requirements for accessible in-stadium viewing.

The Americans with Disabilities Act

Signed in 1990, the Americans with Disabilities Act (ADA) is the most far-reaching piece of accessibility legislation in the U.S.

The act and its amendments guarantee equal opportunity for disabled people in employment, state and local government services, public accommodations, commercial facilities, and transportation. The ADA affects both public and private entities.

The ADA mandates that it’s the responsibility of public and private organizations to provide equal access through appropriate accommodations. The act includes 5 sections or “Titles;” Titles II and III impact web accessibility and closed captioning.

Stadium Captioning Accessibility Laws Under the ADA

Under Title III of the ADA, stadiums and arenas must provide auxiliary aids and services, including captioning, to ensure effective communication for individuals who are deaf or hard of hearing. Specifically, the ADA’s regulations on “Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities” (28 CFR Part 36) provide guidance on the requirements for effective communication for D/deaf and hard of hearing individuals. This requirement applies to both new and existing facilities.

The specific requirements for in-stadium captioning under the ADA include the following:

• Captioning for public address announcements: Stadiums must provide captioning for all public address announcements made during events, such as game scores, player names, and other important information.
• Captioning for videos: If stadiums display videos on scoreboards or other screens, they must provide closed captioning for those videos.
• Captioning for emergency announcements: In the event of an emergency, stadiums must provide captioning for any announcements made over the public address system.
• Captioning for other communications: Stadiums must also provide captioning for any other communications that are necessary to ensure effective communication for individuals who are D/deaf or hard of hearing.

There is no minimum seating capacity under the ADA that would exempt a stadium or arena from providing accessibility for disabled individuals. The ADA applies to all public accommodations, regardless of their size or capacity.

While captions are legally required for any type of event, specifications may vary based on factors like venue size or the type of event. For example, a sports event may require captioning that can keep up with fast-paced commentary, whereas a concert may require captioning that can be synced to the music.

It’s also important to consider that live captions are not enough to be fully accessible. American Sign Language (ASL) interpreters should be considered for in-stadium events in addition to live captioning. As professional sports sign language interpreter Brice Christianson explained in an episode of 3Play Media’s Allied podcast, English is a second language for many in the Deaf community:

 Learn how to bake accessibility into your event strategy 

Past Legal Settlements for Stadium Accessibility

Let’s review some settlements between the U.S. Department of Justice (DOJ) and various universities and venues.

Ohio State University
In 2009, a group of deaf students at Ohio State University filed a complaint alleging that Ohio State’s athletic department discriminated against D/deaf and hard of hearing individuals by failing to provide auxiliary aids and services at Ohio Stadium and Value City Arena at the Jerome Schottenstein Center.

An agreement was reached between Ohio State University and the DOJ that requires the university to provide open captioning on the scoreboard and closed captioning through individual devices at all home games.

The settlement also requires the university to provide open captioning for all public announcements and emergency alerts made through its public address system. Captions must be visible from all areas of the stadium and remain on the scoreboard until the corresponding announcement is complete.

Under the agreement, Ohio State University must also provide training to its staff about how to ensure that the captioning is functioning properly and provide assistive listening devices to D/deaf and hard of hearing attendees.

Ohio State is part of the Big Ten Conference of universities, the oldest Division 1 collegiate athletic conference in the United States. The NAD used the Ohio State settlement as a model to other Big Ten universities, sending them a letter outlining the settlement agreement with Ohio State and requesting that these universities adopt similar policies and practices to ensure their stadiums provide equal access to deaf and hard of hearing fans.

The Denver Pepsi Center

In 2018, a deaf individual filed a complaint against the Denver Pepsi Center, alleging that the arena violated the ADA by failing to provide captioning during games.

The owner of the Denver Pepsi Center settled the lawsuit with a consent decree that requires open captions on ribbon boards that can be seen from every seat in the stadium.

The captions cover all public announcements, and an independent monitor was appointed to check the accuracy of the captions.

The University of Maryland

In 2013, the NAD filed a lawsuit against the University of Maryland on behalf of two deaf individuals who regularly attended athletic events at the university. The events were not captioned and violated the ADA.

The agreement between the University of Maryland and the DOJ requires the university to provide accessible captioning services, including closed captioning on screens and assistive listening devices, for all home football and basketball games.

The University of Maryland must provide captions that are “accurate, complete, and synchronized with the spoken words,” and provide training to staff on the use of captioning equipment and services.

In-Stadium Captioning: A Necessity for Accessibility and Legal Compliance

In-stadium captioning is a legal requirement that must be fulfilled by stadiums and event organizers. Failure to comply with in-stadium accessibility requirements can result in legal action and penalties. Therefore, it is essential for stadiums to prioritize fulfilling these legal requirements to avoid legal consequences and to promote equal access for all fans.

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Blog

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• Accessibility

eLearning Accessibility Laws

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December 21, 2022

Guide to Digital and Communication Accessibility in Higher Education [Free webinar]

The two major disability rights laws in the United States — the ADA and the Rehabilitation Act — were passed long before the proliferation of the internet as we know it today.

However, these laws were written broadly with the intention that they would keep pace with evolving technology and our continued reliance on it.

In the world of education, where classrooms are becoming increasingly digital, these laws are meant to protect the rights of learners with disabilities that affect computer use.

This means that online learning content, like educational videos one might find in a traditional college course or a massive open online course (MOOC), must include accessibility features for students with disabilities. This blog will cover legal specifications that ensure accessible eLearning.

Accessible eLearning under the ADA 

Title II

The Americans with Disabilities Act (ADA) is a civil right statute created to limit discriminatory practices towards individuals with disabilities. Both public and private entities are affected by the ADA. 

Title II of the ADA prohibits discrimination by all public entities at the federal, state, and local level. This includes public universities and any publicly available online learning materials. For example, eLearning video content must feature closed captions, audio description, and other accessibility best practices.

In December of 2022, a consent decree between the Department of Justice (DOJ) and UC Berkeley concerning the web accessibility of UC Berkeley’s online content was approved. The DOJ found that UC Berkeley was in violation of Title II of the ADA due to its inaccessible free online material. 

Under the agreement, UC Berkeley must comply with WCAG 2.0 Level AA. The consent decree between the DOJ and UC Berkeley provides a framework for what’s expected under Title II of the ADA for online educational content.

Title III

Title III of the ADA requires places of public accommodation, which includes private entities and places of education, to be accessible. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any “place of public accommodation” by any person who owns, leases (or leases to), or operates a place of public accommodation.

Numerous court cases involving the ADA and inaccessible websites have confirmed that websites are considered places of public accommodation. Cases like NAD v. MIT and NAD v. Harvard were triggered by the universities’ inaccurate auto captioning on their free online programming and platforms, such as YouTube, iTunesU, Harvard@Home, and MIT OpenCourseWare. Both MIT and Harvard eventually reached settlements that strengthened digital accessibility policies and required accurate captions.

The number of ADA-based lawsuits continues to increase. There were nearly 100 new lawsuits per week in the first half of 2022 alone. This number compares to 70 lawsuits per week in 2021.

To avoid litigation, any public-facing websites that act as an interface for taking courses, such as Coursera or Future Learn, should make their websites and multimedia content fully accessible.

Guide to Digital and Communication Accessibility in Higher Education: watch the webinar

Accessible eLearning under Section 504 

Section 504 of the Rehabilitation Act is considered to be the first statute to declare civil rights for individuals with disabilities. This section of the Act declares that:

“No otherwise qualified individual with a disability in the United States […] shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service.”

This law applies to any program or entity, including organizations and public or private universities, that receive federal funding. So, if your organization or institution receives any kind of federal funding (such as student aid or research grants) it could be considered a federally funded program and must ensure it does not exclude anyone with a disability from any program or activity, including participation in online learning activities.

The Rehabilitation Act and the ADA exist separately, but the ADA is generally perceived as an expansion of Section 504 that protects a broader range of individuals with disabilities. The above-mentioned lawsuits against Harvard and MIT alleged violations of Section 504 in addition to the ADA.

Accessible eLearning under Section 508

Section 508 of the Rehabilitation Act requires that the electronic communications and information technologies, such as websites, email, or web documents of federal programs be accessible and operable in a variety of ways. 

Section 508 states that, “When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency […] shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology, individuals with disabilities […] to have access to and use of information and data that is comparable to the access of [those] who are not individuals with disabilities.”

The World Wide Web Consortium’s collection of Web Content Accessibility Guidelines (WCAG) is quickly becoming the international standard for web accessibility. The Section 508 Refresh directly references WCAG 2.0, thereby broadening its coverage to all content covered under Section 508. The refresh covers more documents, more technology, and more people, as WCAG specifies levels of compliance – Level A, Level AA, and Level AAA – in addition to testable provisions.

This law only applies to federal programs. However, many US States and organizations have laws (known as “mini 508s”) that reference Section 508. So, if any institutions or organizations reside in one of those states or have organizational policies that reference Section 508, any MOOCs or other online learning content must be fully accessible or have auxiliary aids for people with sensory disabilities.

While it is up to some debate as to whether federally funded programs must comply with Section 508, there are certain stipulations that often require these programs to provide accessible technology and web content. For example, the Assistive Technology Act will not provide funding to states unless they guarantee that all programs – including colleges and universities – will comply with Section 508. 

With the boom in eLearning and remote education tools since the COVID-19 pandemic, the importance of accessible digital learning experiences continues to grow. Ensuring that your MOOC or educational video content is accessible will help you grow your student base, create an equitable learning experience, and avoid legal consequences.

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