Maryland’s Open Captioning Bill Passed and Signed Into Law

by Jacob Leffler

It is truly a monumental achievement that on Thursday, April 25, 2024, the Open Captioned Movie Bill (House Bill 426/Senate Bill 92) was signed by Governor Wes Moore in Maryland!  The bill will become law effective October 1, 2024. This accomplishment happened because of the advocacy of a variety of groups, including: people who are Deaf/Hard of Hearing; people with neurodivergent conditions, like autism and audio processing disorders; and people interested in increasing language comprehension. These advocacy groups partnered with the bill sponsors, Maryland Delegate Harry Bhandari, and Senator Benjamin Brooks in ensuring the bill made it across the finish line this year, after two previous unsuccessful attempts. This bill will be a huge step towards an inclusive cinematic experience for everyone.

The bill and its amendments outline specific requirements for movie theaters regarding open-captioned (OC) movies.  Below is a breakdown of what these provisions mean:

1. Requirement for Theaters with Eight or More Screens: The bill applies to movie theaters that have eight or more screens per theater. These theaters must comply with the open captioning requirements outlined in the bill.  Unfortunately, theaters with seven or fewer screens are NOT required to provide open captions. If the first requirement isn’t met the following provisions do not apply.
2. Mandatory Open Captioning Showings: If a movie theater screens the same movie five times or more per week, they are obligated to provide open-captioned showings of that movie at least two times a week during the first three weeks of its premiere. This provision aims to ensure regular access to open captioned movies for audiences.
3. Requesting Open Captioning After the Premiere: After the initial three weeks of a movie’s debut at the theater, individuals can request an open captioned version of the movie with reasonable advance notice (roughly at least two hours in advance in most cases).  

What’s the big deal about Open Captioning, anyway? Open Captioning (OC) refers to captioning information embedded on the movie screen without the need for any type of physical adjustment/equipment. While subtitles and OC are similar, one major difference between the two is that OC provides auxiliary information including—but not limited to—background sounds (alarm/telephone ringing, gunshots, music playing, silence) and various vocal variations (falsetto, angry shouting, stifling laughter/sobs).

On the other hand, Closed Captioning (CC) requires the use of physical devices/equipment (i.e. captioning glasses and rear-window cupholder-type devices) to access captioning information. The captioning information is seen by the device user only and requires significant physical adaptation/exertion by the device user which may stigmatize and/or create considerable bodily discomfort, as candidly relayed by these quotes from real people:

• “I don’t enjoy wearing two pairs of glasses on my face. The CC glasses are heavy and uncomfortable, and they don’t even work half the time.”
• “My recent (and rare) trip to the movies turned into a neck/eye strain with a 50% accurate [CC] device… juggling drinks and devices.”
• “…my daughter and I sit lopsided – looking up and down between the CC devices and the movie screen.”

Movie theaters nationwide are required by the Americans with Disabilities Act (ADA) to provide CC devices upon request for patrons. Some of the factors not sufficiently enforced in carrying out this requirement include maintaining the devices in good working condition, ensuring the devices are fully charged before requests, and adequately training theater staff to synchronize the devices to the corresponding auditorium and troubleshoot when needed. Because of those factors, the CC devices have been frequently prone to malfunctioning and proven ineffective over the past decade. Flyers 1, 4, 6, 8, 13, 16, 17, 20, 24, 27, 30, 31, 33, and 36 (on the accompanying PDF) attested how those issues and glitches negatively affected the overall movie-going experience for individuals across the entire spectrum of hearing loss. 

• “When I go to the movies with my mother, it’s a pain because she gets two of those closed captioned (CC) glasses in case one messes up or dies. That happens a LOT. And I gotta hold one of them in my lap. Annoying.”
• “As parents, we haven’t been to a theater in years because of the inconvenience of paying for a babysitter only to end up not seeing the movie because of CC device issues.”
• “Going to the movies with my mom is supposed to be a fun time. Uncharged caption devices…mean she doesn’t get to enjoy the movies like so many others.”
• “I no longer attend cinema where CC devices are utilized, due to demeaning technical issues in their use.”
• “The [CC] glasses usually aren’t fully charged, so one of us would need to miss some of the movie to get the manager to replace the glasses.”
• “Movie theaters often do not charge their closed captioning (CC) devices. I received partially charged or dead CC devices that prevented me from having enjoyable experiences with my family and friends.”
• “…CC devices never work right most of the time.” 
• “After several trips back and forth replacing the CC glasses, we decided to walk out of the theater.”

Even famous Deaf people from Maryland have expressed frustration about the CC devices.  Keivonn Woodard, an actor from Bowie, Maryland who starred in  The Last of Us, emphasized that “as a Deaf actor, I want my community to enjoy my movies 100% without struggling with the CC devices.” Nyle DiMarco, the first Deaf winner of both the America’s Next Top Model and Dancing with the Stars television shows, who grew up in Frederick, Maryland,  stated that “[OC movies] increase and improve the quality of life for Deaf and hard of hearing…the same for people with neurodivergent conditions, and people learning a new language.” He also added that the provision of free vouchers by movie theater customer desks in response to device malfunction has become a standing joke and farcical ritual within the Deaf community.

As a reminder, the cost of providing OC movies is minimal compared to the potential of drawing more patrons, which translates to more revenue for movie theater owners. A studio would create a digital cinema package (DCP) for each film, which includes both OC and CC formats. Movie theater owners would receive DCPs and decide whether to showcase the OC format using existing digital systems that also display the non-OC format of the same film. 

Other advantages of OC, besides the minimal cost and providing a more inclusive experience, are better comprehension for those consumers with normal hearing who have auditory processing challenges or difficulty understanding spoken language for various reasons, including poor movie sound quality and loud theater chatter. To reiterate the benefits of showing more OC movies: 

• Creating a more welcoming environment for all attendees. The need to request and use CC devices would be eliminated, reducing any stigma and/or discomfort.
• Benefiting movie-goers learning the language spoken in the movie. OC provides additional context and helps improve language skills, increasing language literacy.
• Providing visual support, enhanced comprehension, and/or a structured environment for neurodivergent patrons. Predictably consistent captions provide stability and reduce anxiety. 
• Improving the overall viewing experience for everyone— especially in scenes with background noises or unclear dialogue—by providing additional context. 

Hands waving (the visual version of hand clapping in applause for the Deaf/Hard of Hearing community) to Maryland for being the second state (and the FIRST on the mainland) in the USA to pass legislation requiring an increase of OC movie showings. Once again, Maryland Delegate Harry Bhandari, Senator Benjamin Brooks, and other legislators illustrated the importance of collaboration and compromise in policymaking. Comprising a dedicated team of volunteers from diverse backgrounds, the Maryland Open Captioned Movie (MOCM) committee shared just two simple objectives: to expand the availability of open captioned (OC) movie screenings throughout the state of Maryland, particularly in small movie theaters and to make a lasting difference in the lives of moviegoers throughout Maryland.

Four local organizations led the effort:  Baltimore City Association of the Deaf (BCAD), Howard County Association of the Deaf (HCAD), Prince George’s County Association of the Deaf (PGCAD), and Metro South Asian Association of the Deaf (MSADA), with Maryland Association of the Deaf (MDAD) providing resources and support.  Everyone involved in this effort accurately demonstrated the necessary dedication and perseverance over three years of advocating for this bill. The third time’s a charm, indeed.

While the passage of this bill is again a remarkable accomplishment, more work still needs to be done.  

• “Having open captions on the screen will normalize the movie theater experience for EVERYONE.” 
• “With more open captioned movies, a lot more people would be more open to going to the movies.”

For more details, please check out the MOCM Facebook page for updates.

Jacob Leffler currently works for the Federal Government and lives in Baltimore, Maryland. He is originally from Buffalo, New York. He is a graduate of the St. Mary’s School for the Deaf and Gallaudet University. Jacob has a Bachelor’s of Art in Government and Masters in Public Administration. He was involved with different organizations including the National Association of the Deaf, Maryland Association of the Deaf, Baltimore City Association of the Deaf, and Deaf in Government in various capacities.