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Author Topic: AMC Sued Over Non Functional ALD Devices Jim Cassedy Phenomenal Film Handler Posts: 1661 From: San Francisco, CA Registered: Dec 2006 posted 02-17-2016 04:05 PM                     CLASS ACTION LAWSUIT FILED AGAINST AMC OVER BROKEN AUDIO DESCRIPTION HEADSETS Story Link SANTA CLARA, Calif. (KGO) -- A national movie theater chain is under fire by blind customers for not allowing them to enjoy movies. The suit was filed in San Francisco on Tuesday. It used to be up to family members or friends to whisper into the ears of blind people to describe scene changes or body language that dialogue doesn't convey, but technology was supposed to change all of that. The nationwide class action lawsuit, however, claims AMC's devices frequently don't work. Moviegoers shelled out $11 billion at the box office last year, not including money spent on popcorn, candy and drinks. "We all want to have the same experience, the same escapism, the same access to entertainment," class action lawsuit plaintiff Scott Blanks said. However, that hasn't happened at the AMC Theatres Scott Blanks has patronized in San Francisco and the East Bay. The special audio description headsets have failed consistently for several years, leaving Blanks disappointed and frustrated when he went to a movie with his sons. "I wasn't able to communicate with my boys, Zachary and Elliott, about what was happening for the remainder of the film or afterwards so much because I missed out on a great deal of the action in a film that is not exactly heavy on dialogue," Blanks said. AMC promotes its audio description technology online. And here's an example of what a blind person hears during a scene with no words: "Two scientists stand before a flask of orange liquid. One tries to pour a test tube of green liquid in, but the liquid doesn't move." A class action lawsuit has been filed against AMC on behalf of five individuals and two advocacy groups. But only after attorney Michael Nunez sent letters to the theater chain, urging it to get staff to maintain the equipment. "AMC by and large has the technology in many of its theaters and needs to go that extra mile to take those last steps to insure that it's actually effectively provided to blind movie-goers," Blanks' attorney Michael Nunez said. ABC7 News reached out to AMC corporate offices, but did not get a response. <END> > The original story contains a hyperlink to download the complaint document, but I cannot seem to copy it here<  |  IP: Logged Steve Guttag We forgot the crackers Gromit!!! Posts: 12814 From: Annapolis, MD Registered: Dec 1999 posted 02-17-2016 04:26 PM                     Whereas there is currently no law requiring the devices (there is supposed to be a decision later this year), I wonder how they can claim discrimination while the legislation is still pending. Is the theatre supposed to speculate as to what they are to provide? That said, if you are going to boast that you are equipped to augment the show for the blind, you should deliver on what you claim.  |  IP: Logged Justin Hamaker Film God Posts: 2253 From: Lakeport, CA USA Registered: Jan 2004 posted 02-17-2016 05:05 PM                        I'm guessing it probably comes down to promoting an accessibility device that does not function as advertised. Since this was probably a selling point in the family going to the movies, the claim is not without merit. I'm really curious to see what kind of law/policy the Justice Department will enact regarding these devices. We have been providing usage logs to NATO for close to 3 years to help demonstrate the actual level of need for the units.  |  IP: Logged Buck Wilson Jedi Master Film Handler Posts: 894 From: St. Joseph MO, USA Registered: Sep 2010 posted 02-17-2016 05:19 PM                     This claim is also true of at least one Regal location. Advertised online, but not available....  |  IP: Logged Frank Cox Film God Posts: 2234 From: Melville Saskatchewan Canada Registered: Apr 2011 posted 02-17-2016 05:36 PM                        What is the level of usage for these things? In over twenty years of operation, my theatre has had exactly zero requests or inquiries about that sort of thing. The odd time I get someone in a wheelchair coming to a show but I do have wheelchair parking spaces in the auditorium (required by the building regulations) so that's not a problem, but any other "assistive technology"? Nobody has ever asked any questions about any of it, ever.  |  IP: Logged Mike Blakesley Film God Posts: 12767 From: Forsyth, Montana Registered: Jun 99 posted 02-17-2016 06:27 PM                        Maybe about a half dozen requests in the 37 years I've been in the business, if that. For sure no more than 10 requests.  |  IP: Logged Buck Wilson Jedi Master Film Handler Posts: 894 From: St. Joseph MO, USA Registered: Sep 2010 posted 02-17-2016 08:47 PM                     We have half a dozen of the infrared headphones that are so common, then we got the cupholder mount CaptiView caption devices within the last couple of years. They get used at least weekly, sometimes every other day. It's rare that there's more than one of each kind out at a time, but even that happens occasionally. No descriptive audio devices though despite the occasional request. We had a upset customer call about it just last week.  |  IP: Logged Justin Hamaker Film God Posts: 2253 From: Lakeport, CA USA Registered: Jan 2004 posted 02-17-2016 09:08 PM                        We have the USL system which has closed captioning and visually impaired narration, as well as regular assisted listening. The signal is transmitted by an IR panel in the auditorium, so there is no need to set channels - aside from the A/B channel for regular assisted listening or visually impaired narration. The regular assisted listening is used probably a a dozen times a week depending on the movie. When we have something which appeals to seniors they are used much more heavily. The closed captioning units are used probably 3-4 times a week. We only had very sporadic requests for the units before we installed the system. Now we have 3-4 customers who are using them frequently. One woman comes at least once a week, and some times more. The visually impaired narration only has one regular user, but she comes with her husband at least once a week and absolutely loves that we have the system. Since they use the same headsets as the regular assisted listening, there is no added cost. We just have to press a button on the back of the units. What's been nice about the units is it has provided a new avenue for quality customer service. When I observe someone who is deaf, I offer the use of the units. Some turn them down, others are happy to have them. Same thing with the visually impaired narration. We have had some especially grateful people who were visiting from out of town and said their local theatre doesn't have the systems. I always tell them to inquire because they are becoming so common with digital systems. As for equipment, we have 2 closed captioning boxes and about 10 headsets. We have had both cc units checked out at the same time a couple of different times. Once was two people in the same family, others were just pure coincidence. We keep 4 of the headsets ready to check out, and I can only remember one occasion where we have ever had more than 4 out at once. In this case I just grabbed another unit from the office. If my memory is correct, the original discussion from the Justice Department wanted to require enough units to cover something like 10% of seating capacity. Because of our logs, we have been able to show that less than 1% is needed to satisfy demand. And I believe similar numbers have been reported by other theatres.  |  IP: Logged Steve Guttag We forgot the crackers Gromit!!! Posts: 12814 From: Annapolis, MD Registered: Dec 1999 posted 02-18-2016 06:13 AM                     For assistive listening, it is currently 4% of seating capacity (US ADA requirements). VI-N and Captioning are the two that are to be determined this year by the DOJ. I note that AMC was boasting that the VI-N stuff is via Fadellio (Doremi/Dolby). I can say, it has been a bit of a chore to keep those up to date. Transmitters can only be updated by moving the tablet to each transmitter for update (and there have been several significant ones) and the receivers can be updated once the transmitters are (you tend to do them as a team)...fortunately, the receivers can be updated in the same configuration port. The Captioning (Captiview) can be updated via Ethernet to the device directly (and there have been SIGNIFICANT updates to that in the last 12 months too)...having servers keep up with the various captioning changes to keep servers/captioning devices talking can be a challenge. I can say that in the past 6-9 months, our Doremi/Dolby ADA device complaints have gone way down so I wonder if they are just not keeping up with the updates. We have also had a fair share of tablet failures (and THEY need updates too). It is way too common to have to unplug/plug in the configuration tray to the tablet to get things to respond. The USL UPC-28c has been the most pain-free for us though in a large single with a balcony, one isn't going to get as good a coverage as an RF based system. At least one can update it (and MONITOR the captioning part) remotely. There is a debug screen on its web GUI where one can see the time code of the server and when the next time in/out is and watch the text come up/leave to verify that all is well.  |  IP: Logged Harold Hallikainen Jedi Master Film Handler Posts: 906 From: Denver, CO, USA Registered: Aug 2009 posted 02-19-2016 06:36 PM                        Summaries of comments filed in the DOJ proceeding along with links to the Notice of Proposed Rulemaking and links to the filed comments are available at http://hallikainen.org/org/DojNprm/ . At ICTA, I heard the DOJ may act on this in the first half of this year. Harold  |  IP: Logged Harold Hallikainen Jedi Master Film Handler Posts: 906 From: Denver, CO, USA Registered: Aug 2009 posted 02-19-2016 08:36 PM                        Interesting quote from lawsuit: 46. AMC has also denied Plaintiff Leah Gardner audio description services at AMC theaters. Ms. Gardner enjoys seeing films in the theater and goes to AMC theaters once every few months. In February of 2015, Ms. Gardner went to the AMC Bay Street theater in Emeryville, California to see The Imitation Game. She asked AMC staff for an audio descriptiondevice for the film. AMC staff provided her with numerous audio description receivers that did not work at all. Finally, AMC staff provided Ms. Gardner with a receiver that did work, but when the movie started, Ms. Gardner discovered that the device was programmed for the wrong movie. Instead of providing Ms. Gardner with audio description for The Imitation Game, AMC provided her with audio description for Fifty Shades of Grey. Thus, she was unable to fully enjoy the movie that she had paid to see.  |  IP: Logged Steve Guttag We forgot the crackers Gromit!!! Posts: 12814 From: Annapolis, MD Registered: Dec 1999 posted 02-20-2016 07:49 AM                     A downside to the RF approach is that one has to either have specific receivers set to specific theatres OR have TRAINED staff that can change the programming. The Fidelio system has a relatively simple configuration station to make the switch (literally seconds) BUT that station has to be available and working! With the IR approach...every receiver works in every theatre...no programming but you may have coverage issues in the extremes of the theatre.  |  IP: Logged Brad Miller Administrator Posts: 17775 From: Plano, TX (36.2 miles NW of Rockwall) Registered: May 99 posted 02-20-2016 10:25 AM                     What we do in our service area is to pre-program 2 receivers per auditorium for the HI and then put a professional label on them (from a P-touch or a Brady). Then we instruct management to LEAVE THEM programmed that way. Then we get 1 receiver per auditorium and program them for VI, label them and instruct management to LEAVE THEM programmed that way. Far greater than 99% of the time the piles of spare receivers will never even need to be used, but of course with the laws in place that "pile of spare receivers" are there and ready to be programmed on the fly to handle something like a busload of kids from a visually handicapped school, etc. It also puts an end to the day-to-day mis-programming and will extend the life of the tablet since it isn't being messed with every day.  |  IP: Logged Steve Guttag We forgot the crackers Gromit!!! Posts: 12814 From: Annapolis, MD Registered: Dec 1999 posted 02-20-2016 12:26 PM                     Except...notice they complained about being handed SEVERAL non-functional receivers. So what if the ones that are labeled die while waiting for use? How often do you update your tablet, transmitter and receiver (have to do those on-site)?...if people are used to configuring the receivers...when they are asked for, what are the odds that the people on the clock at that moment are properly trained? And then...what are the odds that you can merely drop the receiver in the configuration port and the thing actually work? I can tell you that more often than not, if it has been on for some time, the USB cable will need to be pulled/reinserted for the config port to start working again. Another complaint with the Fidelio I have traditionally received is lack of volume. The latest (within the last 12 months) transmitter/receiver updates seems to have "fixed" that...which is why I asked regarding the OP...when were the systems last updated? If nothing else, if you update your systems annually, you'll, at least, know if you have dead or damaged ones!  |  IP: Logged Louis Bornwasser Film God Posts: 4441 From: prospect ky usa Registered: Mar 2005 posted 02-25-2016 05:03 PM                        Unless something has changed, you are required by Federal mandate to have 4% hearing impaired devices. Yes, we agree that is too many. Nothing, however, says they have to function.  |  IP: Logged

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