NAD Files Disability Civil Rights Lawsuit against Netflix
Deaf and Hard of Hearing Plaintiffs Charge that Netflix Violates the
Americans with Disabilities Act by Not Providing Equal Access to its “Watch
Instantly” Streaming Content
The National Association of the Deaf (NAD), the nation’s premier civil
rights organization of deaf and hard of hearing individuals, announced the
filing of a major federal lawsuit against Netflix today in U.S. District
Court, District of Massachusetts, Western Division in Springfield, MA. The
lawsuit charges the entertainment giant with violating the Americans with
Disabilities Act (ADA) by failing to provide closed captioning for most of
its “Watch Instantly” movies and television streamed on the Internet.
The New York Times has described Netflix as the “only major player in the
online-only video subscription business.” Netflix has over 60% of the
streamed video services market share.
An estimated 36 million Americans are deaf or hard of hearing. The deaf and
hard of hearing community has repeatedly expressed concerns—via letters,
petitions, blogs, and social media—to Netflix about its failure to provide
equal access to “Watch Instantly.”
“We have tried for years to persuade Netflix to do the right thing and
provide equal access to all content across all platforms. They chose not to
serve our community on an equal basis; we must have equal access to the
biggest provider of streamed entertainment. As Netflix itself acknowledges,
streamed video is the future and we must not be left out,,” said NAD
President Bobbie Beth Scoggins.
“There is no excuse for Netflix to fail to provide captions so that deaf and
hard of hearing customers have access to the same movies and TV shows as
everyone else,” stated Arlene Mayerson, Directing Attorney of the Disability
Rights Education and Defense Fund. “Netflix admits that there is no
technological issue. For people who are deaf and hard of hearing, captions
are like ramps for people who use wheelchairs.”
The ADA requires that all “places of entertainment” provide “full and equal
enjoyment” for people with disabilities. Plaintiffs are asking the court to
declare that Netflix’s behavior constitutes a violation of Title III of the
ADA, and to require that Netflix provide closed captions on all of its
streaming content.
In addition to NAD, other plaintiffs include the Western Massachusetts
Association of the Deaf and Hearing-Impaired (WMAD/HI) and a deaf
Massachusetts resident.
The plaintiffs are represented by the Disability Rights Education & Defense
Fund in Berkeley, CA, the Oakland, CA law firm Lewis, Feinberg, Lee, Renaker
& Jackson P.C., and the Boston, MA law firm Sugarman, Rogers, Barshak &
Cohen, P.C.
The Disability Rights Education & Defense Fund and NAD ask deaf and hard of
hearing individuals who want to learn more about the lawsuit to visit:
http://www.dredf.org/captioning, call the toll-free number 1-800-348-4232
(V), or email Charlotte Lanvers at [email protected] or Shane Feldman at
[email protected].
NAD, et al, vs Netflix Complaint
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National Association of the Deaf (NAD)
The National Association of the Deaf (NAD) is the nation’s premier civil
rights organization of, by and for deaf and hard of hearing individuals in
the United States of America. NAD represents the estimated 36 million
Americans who are deaf or hard of hearing and is based in Washington, D.C.
http://www.nad.org
Western Massachusetts Association of the Deaf and Hearing Impaired (WMAD)
WMAD is an advocacy membership organization for individuals who are deaf and
hearing impaired in western Massachusetts.
Disability Rights Education and Defense Fund (DREDF)
Founded in 1979, by people with disabilities and parents of children with
disabilities, the Disability Rights Education and Defense Fund (DREDF) is a
national law and policy center, based in Berkeley, CA, dedicated to
protecting and advancing the civil rights of people with disabilities.
http://www.dredf.org.
Lewis, Feinberg, Lee, Renaker & Jackson P.C.
Lewis, Feinberg, Lee, Renaker & Jackson P.C. is a national law firm based in
Oakland, CA, that represents plaintiffs in ERISA employee benefit and
pension litigation, Civil Rights litigation, and Wage and Hour Overtime
litigation. http://www.lewisfeinberg.com Sugarman, Rogers, Barshak &
Cohen, P.C.
SRBC is a Boston-based civil litigation firm with 26 lawyers and more than
80 years of success in managing complex cases for local, regional and
national clients. http://www.srbc.com
Source:
http://www.nad.org/news/2011/6/nad-files-disability-civil-rights-lawsuit-against-netflix