1
February 23, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Secretary Smith:
Today, along with Councilmembers Matthew Frumin, Christina Henderson, Janeese Lewis
George, Brianne K. Nadeau, Zachary Parker, Brooke Pinto, and Robert C. White, Jr., I am
introducing the “Open Movie Captioning Requirement Act of 2023.” Please find enclosed a
signed copy of the legislation.
In 2016, the Department of Justice issued a final rulemaking requiring movie theaters to provide
accommodations for moviegoers who are Deaf, heard of hearing, blind, or who have low vision.
For Deaf and hard of hearing patrons, this requirement is usually met by allowing a moviegoer to
request one of two devices: first, a moviegoer can take into the theater a small screen with a long
neck that is usually placed in a patron’s cupholder. This device provides captions for the movie –
when it is actually charged and in working order, that is – and even under the best circumstances,
this leaves a moviegoer scanning back and forth between the action on the screen and the
dialogue on the device in from of them. Second, moviegoers can also choose a pair of large,
cumbersome glasses that often do not fit over regular glasses and are often not in working order.
As we saw and hearing at a hearing that Chairman Mendelson held in 2018, while these devices
may meet federal legal requirements, they just are not viable alternatives, and many in the Deaf
and hard of hearing community have simply given up on going to the movies anymore. A better
alternative is to simply require theaters to provide screenings of movies with open captions on
the screen – dialogue, music, and sound effects – which is what this legislation would do.
This legislation would require that, at movie theaters with more than one screen, at least 12% of
each movie’s weekly showings must include open captions. For example, a movie that shows 14
times in a week would have to have 2 open caption screenings; a movie that shows 28 times a
week would have to have 4 open captioning screenings. Any movies shown fewer than 7 times
in a week would not have to include open captions. Single-screen theaters would have to have 2
one open caption screening per month or upon a request made pursuant to regulations that the
Department of Consumer and Regulatory Affairs would set up.
Further, the bill would require that at least half of the required open caption screenings are
during “peak movie attendance hours.” Peak movie attendance hours are Friday nights or
weekend afternoons and evenings – that is, when most people are off of work and able to actually
go out to a movie. Half of the open caption showings outside of peak movie attendance hours
would have to be on weekday evenings. In other states, the Deaf and Hard of Hearing Community
report that required open caption screening are often show at days and times when people just
cannot take advantage.
I developed this legislation in partnership with the DC Deaf Moviegoers group, which has worked
for many years to organize and request open caption showings of movies at theaters in the
region. That generally involves coordinating with a group big enough to interest a theater and all
the people in the group agreeing on one day and time and location. This is, of course, not how
hearing residents choose a movie, and Deaf and hard of hearing residents should also have the
opportunity to pick from showtimes of open captioned movies. Netflix reports that 80% of their
subscribers use subtitles or open captions at least once a month, indicating that there is also an
audience for open caption movies among hearing residents.
When the pandemic closed down movie theaters, the Council put a previously-introduced
version of this legislation on hold, not wanting to burden a struggling industry. As movie theaters
re-open, I believe that Deaf and hard of hearing residents should have the same opportunity as
hearing residents to once again enjoy the communal experience that movies provide. New York
City recently adopted legislation that borrows liberally from the version of this legislation that I
introduced in 2019, and the Maryland House of Delegates just held a hearing on legislation that
would require open captioned movie screenings. I hope that the Council will follow suit.
Please free to reach out to me or my Legislative Director, Antonio Nunes, with any questions or
for additional information.
Sincerely,
Charles Allen, Ward 6 Councilmember
Chairperson, Committee on Transportation & the Environment
Vice Chair, Metropolitan Washington Council of Governments
1
___________________________ ______________________________ 1
Councilmember Janeese Lewis George Councilmember Charles Allen 2
3
4
___________________________ ______________________________ 5
Councilmember Matthew Frumin Councilmember Christina Henderson 6
7
8
___________________________ ______________________________ 9
Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 10
11
12
___________________________ ___________________________ 13
Councilmember Zachary Parker Councilmember Robert C. White, Jr. 14
15
16
17
A BILL 18
19
________ 20
21
22
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 23
24
_________________ 25
26
27
To provide that an entity holding a basic business license with an “Entertainment: Moving 28
picture theater” endorsement shall provide open movie captioning at specified times; to 29
provide that a violation shall be an unlawful discriminatory practice; and to require notice 30
of the requirements of this act. 31
32
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMB IA, That this 33
act may be cited as the “Open Movie Captioning Requirement Act of 2023”. 34
Sec. 2. Definitions. 35
For the purposes of this act, the term: 36
(1) “Movie theater” means entity holding a basic business license with an 37
“Entertainment: Moving picture theater” endorsement. 38
2
(2) “Open movie captioning” means the written, on-screen display of a motion 39
picture’s dialogue and non-speech information, including music, the identity of the character 40
who is speaking, and other sounds and sound effects. 41
(3) “Peak movie attendance hours” means: 42
(A) A movie that begins after 5:59 p.m. and finishes before 11:01 p.m. on 43
Friday; or 44
(B) A movie that begins after 11:59 p.m. and finishes before 11:01 p.m. on 45
Saturday or Sunday. 46
Sec. 3. Open movie captioning required. 47
(a)(1) A movie theater with more than one screen shall provide scheduled showings of 48
motion pictures with open movie captioning such that at least 12% of the weekly scheduled 49
showings of each motion picture currently showing at the movie theater have open movie 50
captioning; provided, that if a motion picture has fewer than 7 scheduled showings in a week, the 51
movie theater shall not be required to provide open movie captioning for the motion picture. 52
(2)(A) At least half of the scheduled showings required pursuant to paragraph (1) 53
of this subsection shall be provided during peak movie attendance hours. 54
(B) At least half of the scheduled showings required pursuant to paragraph 55
(1) of this subsection that are scheduled outside of peak movie attendance hours shall start after 56
5:59 p.m. and finish before 11:01 p.m. on Monday, Tuesday, Wednesday, or Thursday. 57
(b) A movie theater with one screen shall provide a screening of a motion picture 58
produced with open movie captioning as follows: 59
(1) Once per month; or 60
3
(2) Upon receipt of a request made through a process established by the Mayor 61
pursuant to the requirements of the District of Columbia Administrative Procedure Act, effective 62
October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2-501 et seq.). 63
(c) This section shall not prohibit the showing of a motion picture that is produced and 64
distributed without open movie captioning; provided, that the movie theater shall provide notice 65
to the public of which motion pictures shown by the movie theater are produced and distributed 66
without open movie captioning. 67
(d) A violation of this section shall be an unlawful discriminatory practice, pursuant to 68
section 231 of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; 69
D.C. Official Code § 2-1402.31). 70
Sec. 4. Notice required. 71
(a) A movie theater shall advertise the date and time of motion picture showings required 72
by section 3 in the same manner as the movie theater advertises all other motion picture 73
showings. 74
(b) A movie theater shall provide, through radio and television advertisement, social 75
media, and print media, and by posting inside in the movie theater, notice to all customers of the 76
following: 77
(1) The availability of showings of motion pictures with open movie captioning; 78
and 79
(2) The notice required by subsection 3(c). 80
(c)(1) The Mayor shall coordinate with the Office of Disability Rights and other agencies 81
the Mayor deems appropriate to create an awareness campaign publicizing the requirements of 82
this act and explaining the benefits provided by this act, including by requiring movie theaters to 83
provide information about open movie captioning. 84
4
(2) All outreach information shall comply with the Language Access Act of 2004, 85
effective June 19, 2005 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.). 86
Sec. 5. Fiscal impact statement. 87
The Council adopts the fiscal impact statement in the committee report as the fiscal 88
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 89
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 90
Sec. 6. Effective date. 91
This act shall take effect following approval by the Mayor (or in the event of veto by the 92
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 93
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 94
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 95
Columbia Register. 96