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Victory! NAD Makes Touchdown
in Groundbreaking Redskins Case
Posted October 2, 2008
In an opinion issued on September 30, 2008, a federal district court in
Maryland held that the Americans with Disabilities Act (ADA) requires
the Washington Redskins “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.”
The lawsuit was brought in August 2006 on behalf of Redskins fans Shane
Feldman, Brian Kelly, and Paul Singleton, who are deaf or hard of
hearing and who regularly attend Washington Redskins home games at
FedExField. The National Association of the Deaf (NAD) and Joseph B.
Espo of Brown, Goldstein & Levy, LLP, represent the plaintiffs. The
court’s ruling requires that FedExField, the home of the Washington
Redskins, must provide auxiliary aids and services to make the game-day
experience fully accessible for deaf and hard of hearing fans.
“This victory is the first of its kind and carries great significance”
said Nancy J. Bloch, NAD Chief Executive Officer. “As the court
recognizes, there are hundreds of stadiums, arenas, and sports venues
throughout the United States. This groundbreaking decision is expected
to have nationwide ripple effect as these stadiums look to this decision
for guidance on ADA requirements with respect to the communication
access needs of deaf and hard of hearing consumers.”
“This is a tremendous breakthrough for deaf and hard of hearing sport
fans. This decision, supporting equal access, will benefit the entire
deaf and hard of hearing community, especially those who bleed burgundy
and gold,” said Mr. Feldman, referring to the colors of the Washington
Redskins team. “This outcome would not have been possible without the
valiant efforts of the NAD and Mr. Espo.”
“We expect that stadiums, arenas and other sports venues will take heed
and begin to follow the law on providing equal access to individuals
with disabilities, including providing equal access to aural information
for individuals who are deaf or hard of hearing,” said Mr. Espo.
“The court’s decision marks a significant victory for plaintiffs and the
deaf and hard of hearing community,” said Marc Charmatz, NAD Senior
Attorney. “The ADA applies to stadiums, and now a court, for the first
time, has recognized that deaf and hard of hearing fans have a legal
right to equal access at stadiums.”
The Court held that one disputed fact remained in the case – whether
captions displayed on the 50-yard line were effective for audiovisual
presentations displayed on JumboTrons located in the end zones. The NAD
is confident that this matter will be brought to a successful closure.
About NAD
The National Association of the Deaf (NAD) was established in 1880 by
deaf leaders who believed in the right of the American deaf community to
use sign language, to congregate on issues important to them, and to
have its interests represented at the national level. These beliefs
remain true to this day, with American Sign Language as a core value. As
a nonprofit federation, the mission of the NAD is to preserve, protect,
and promote the civil, human, and linguistic rights of deaf and hard of
hearing individuals in the United States of America. The advocacy scope
of the NAD is broad, covering the breadth of a lifetime and impacting
future generations in the areas of early intervention, education,
employment, health care, technology, telecommunications, youth
leadership, and more. For more information, please visit
www.nad.org. |
NAD
