Man files lawsuit over lack of captions at South Side Works Cinema

Oct. 22--A Pittsburgh man has filed a federal lawsuit against Cleveland Cinemas and the Soffer Organization, alleging the companies that own and run the SouthSide Works Cinema have violated the Americans with Disabilities Act by refusing to display captions at movie theaters.

According to the lawsuit, Kenneth DeHaan, who is hearing-impaired, requested in person that the theater provide captions for him to be able to understand the movies shown at the SouthSide Works theater.

"Despite knowledge of Mr. DeHaan's inability to understand the aural content of the movies at the SouthSide Works theater and repeated requests for captioning, Defendants refused to provide captioning at the SouthSide Works theater," according to the lawsuit.

The movies shown there are capable of being displayed with captions, and are displayed with captions at another Cleveland Cinemas location, the lawsuit states.

"Technologies are available for movie theaters to provide a textual representation of the dialogue and the soundtrack in the form of either captioning on-screen or through an individual caption display system. Captioning can be displayed on the screen. Individual captioning systems allow individual users to view captions through an auxiliary device at the moviegoer's seat," according to the lawsuit.

Mr. DeHaan is represented by the National Association of the Deaf and the Washington, D.C.-based law firm of Stein & Vargas, LLP, which specializes in disability rights, according to its website.

"Watching movies is a favorite [pastime] in America and scenes from movies become part of our cultural lexicon," Howard A. Rosenblum, CEO of the National Association of the Deaf, said in a statement announcing the lawsuit. "Deaf and hard of hearing people deserve the same access to this essential American activity, and we seek to ensure that all movie theaters are accessible through captioning."

"The Americans with Disabilities Act requires movie theaters to ensure full and equal access for individuals, including individuals who are deaf or hard of hearing," said Michael Steven Stein, an attorney with Stein & Vargas. "Going to the movies is an important part of American culture and one that should be accessible to deaf individuals."

A call to Cleveland Cinemas for comment was not returned, nor was a message left with the Soffer Organization. The lawsuit was filed in U.S. District Court in Pittsburgh.

Kate Giammarise: kgiammarise@post-gazette.com or 412-263-3909 or on Twitter @KateGiammarise.

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