Jennie Bourgeois

Article and picture from NAD website

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Submitted by admin on Thu, 07/02/2009 – 12:38

The National Association of the Deaf (NAD) and the law firm Willis & Willis Co., L.P.A., filed a lawsuit on behalf of Vincent Sabino against Ohio State University (OSU). Mr. Sabino, an OSU sports fan who is deaf, wants OSU to provide captioning for announcements made over public address systems before, during, and after OSU events, such as basketball and football games.

“Ohio State sports have been the life blood of my family. Having captioning at games will not only ensure access for me as a deaf fan but also allow all fans who miss a play to understand what happened,” Mr. Sabino said. “My earliest and fondest memories of my childhood are going to Ohio State games with my Dad. Now I take my children and continue that tradition. I have attended games every year since I was a young child. All I want is to be involved in the game with my family and all those who attend Ohio State sporting events.”

Because OSU does not provide captioning, Mr. Sabino claims OSU is in violation of Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act.

In 2006, the NAD filed a lawsuit, Feldman v. Pro-Football, Inc., against the Washington Redskins for not providing captioning at their football games at FedExField. In September 2008, the court ruled that “the ADA requires Defendants to provide deaf and hard of hearing fans equal access to the aural information broadcast over the stadium bowl public address system at FedExField, which includes music with lyrics, play information, advertisements, referee calls, safety/emergency information, and other announcements.” This case is pending appeal.

“Nearly 20 years after the ADA was enacted, many sports stadiums are still not fully accessible to deaf and hard of hearing fans,” said Michael Stein, attorney for the NAD. “Accommodations such as captioning are required by law to ensure equal access for deaf and hard of hearing individuals.”

“This case speaks to so much more than one individual’s rights,” said Laren Knoll, attorney at the law firm of Willis & Willis Co., L.P.A. “Every single fan deserves the opportunity to participate, understand and enjoy the sporting event, while they’re watching it. Mr. Sabino had the courage to take a stand, not only for himself, but for sporting event fans everywhere.”

“The time has come for stadiums to come into compliance with the ADA,” said NAD President Bobbie Beth Scoggins. “We expect professional, college, and university sports teams to provide and display captioning to ensure equal access, an equal opportunity to participate, and effective communication with deaf and hard of hearing individuals.”

The lawsuit was filed with the United States District Court for the Southern District of Ohio. The complaint asks the court to order OSU to provide and display captioning for all announcements made over the public address system at its venues, including the Ohio Stadium, the Schottenstein Center and St. John’s Arena.

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In follow-up to this story, it has been reported that the individual filing the complaint never actually requested Ohio State to provide captioning services for the football game. The individual’s argument is that captioning should be available without him having to request it because it is a public event.

One blog posted the following about the story -

Quote from the Deaf Digest (www.deafdigest.com)

How powerful is the Power of the Attitude?

Ohio State University would not caption their football scoreboard, thus eliciting a lawsuit from a football fan. And the Cowboys Stadium is accessible,and the team recently gave tour to the disabled, showing them how friendly the stadium is.

Two famous football programs. One with Bad Attitude; other one with Great Attitude.

And as a matter of irony, Ohio State has a great Deaf Education program. Unfortunately the Deaf Education program and the football program are not connected to each other!

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It will definitely be interesting to watch this case in the courts.

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