By Sammi Elefant
How does a Tony-winning, sold out for months hip-hop musical, find itself entangled in a scandal?
Mark Lasser, like many other Americans, relies on services such as audio description technology when attending the theatre. Lasser is a regular theatre-goer and on a recent trip to New York was shocked to find out that Hamilton, the mega-hit musical by Lin-Manuel Miranda, did not accommodate blind and visually-impaired audience members by offering a live audio play-by-play between songs. After unsuccessfully seeking out the show’s producers to add the service, Lasser filed a lawsuit claiming that the failure to accommodate violates federal disability law.
The lawsuit was filed as a proposed class action in New York federal court and brings claims under Title III of the Americans with Disabilities Act (ADA) which states: “In providing goods and services, a public accommodation may not use eligibility requirements that exclude or segregate individuals with disabilities, unless the requirements are necessary for the operation of the public accommodation.” Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213 (2013). The Nederlander Organization Inc. (owner of the Richard Rodgers theatre), producer Hamilton Uptown LLC, and the show’s general manager Baseline Theatrical LLC are all named as defendants. It would seem as though Mr. Lasser’s case fits squarely into the protective language of the ADA.
Audio description technology has been a mainstay in not only movie theatres but live entertainment events as well. Whether the description is live or pre-recorded, some type of transmitter and receiver technology is employed. The description of the scene happening during a show is fed into the transmitter and heard at the receiver worn by the user. Typically, this happens in the form of headsets. A number of theatres offer audio described performances in order to accommodate patrons such as Mr. Lasser. Audio description is essentially an industry within an industry where audio describers are hired in the regional theatres, on touring productions, as well as on Broadway.
Theatregoers who are blind or visually-impaired wear a headset that allows them to hear the sound onstage as well as the audio describer’s narrative. The describer will depict the set, costumes, and actors before the show begins. Further, the describer will also characterize non-verbal actions that occur during the show in order to allow the theatre-goer to follow crucial moments in the plot. Interestingly enough, the practice is not as widespread as it should be. Only a handful of Broadway shows offer the audio description service and it is solely available on select show dates. For a production that has branded itself as “all-inclusive,” it is disappointing, to say the least, that the producers have disregarded such a service, and failed to amend the situation.
‘Hamilton’ has been a leader and advocate in so many arenas and has given its success right back to the communities that uplifted the show to unimaginable heights. This is an opportunity for the show to continue pushing the needle in alignment with its do-good, do-right brand. Mr. Lasser is not seeking a hefty sum – he is simply asking that the show acknowledge its failure to comply with the ADA in providing full and equal-access to all patrons. As well, Lasser is asking that the show take the necessary steps in implementing audio description services once a week with 25 headsets being made available to those theatre-goers in need. Mark B. Lasser v. Nederlander Organization Inc., No. 1:17-cv-00490-LTS (S.D.N.Y. Jan. 23, 2017)
The strangest part of Lasser’s case is that the show’s producers and the Nederlander Organization did not make efforts to rectify the issue. ‘Hamilton’ has spoken to millions as being a show where equality, inclusivity, and respect are top of mind. Lin-Manuel Miranda has been candid in working to make sure as many people get to see the show as possible. Miranda has kept his promise in combatting scalpers and providing $10 tickets to high school students. Perhaps the issue beforehand is not as much blatant discrimination as it is ignorance. However, given that movie theatres are expected to provide audio description technology, there should not be a different standard or expectation with regards to the theatre.
Student Bio: Sammi Elefant is a staffer on the Journal of High Technology Law. She is currently in her second year at Suffolk University Law School. Sammi holds a B.S. in Marketing Communications, and a B.A. in Writing, Literature & Publishing from Emerson College.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
