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Settlement Talks In 'Hamilton' Disabilities Lawsuit Stall

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Despite making significant progress, efforts to settle the disability lawsuit filed against Hamilton have hit a bump in the road.

In January 2017, Mark Lasser filed a class-action lawsuit against the Broadway show and its landlord, the Nederlander Organization, for failing to provide full and equal access to all theatergoers. The popular musical did not offer live audio description services, which inform blind guests about what is happening in scenes without dialogue, and scenes with significant visual effects.

The blind plaintiff claimed that the absence of the amenity violated the Americans with Disabilities Act, which prohibits Broadway theaters and other public places of accommodation from discriminating against individuals with disabilities. Blind and visually impaired theatergoers could not appreciate the show without using the audio description service, resulting in a “live musical experience that is not equal to that afforded to other individuals.”

Last November, the U.S. Attorney General signed a rule requiring all movie theaters to soon offer audio description services when showing digital films, alert the public about the feature and ensure that staff is available to assist patrons with the equipment. “Given the similarities of the movie venue and the live theater venue,” the plaintiff argued that “live theaters must also be required to provide live audio description to the blind.”

In an effort to make the Broadway theater as accessible as movie theaters, the plaintiff asked the Hamilton producers and their landlord to provide live narration through 25 audio description headsets during one performance each week. The total cost of the system would be about $25,000 with monthly maintenance fees, estimated an audio description specialist in an interview with NPR.

However, few Broadway producers have made the investment. Only four long-running shows, including The Lion King and Wicked, offered audio description services at the time of the lawsuit. “It only makes sense to spend the money on accommodations once it’s clear a show is successful enough to run for a while,” suggested one drama critic.

The producers of Hamilton, which generated almost $3 million in box office revenues last week, are now willing to open their wallets.

According to the attorney representing the plaintiff, “[t]he parties have agreed to the major terms of a settlement, including injunctive relief and monetary damages.” Audio description services will be now be provided at the musical.

The plaintiff still wants the show to add information to its website describing the headsets, train its box office staff to ensure that all blind customers can obtain information about the headsets, and use “qualified readers” for its live audio description service. But, the Hamilton team refuses to add the terms to the settlement, arguing that it has remediated all of the requests.

The plaintiff has asked the court to bring in a mediator. The judge is expected to make a ruling on the request soon.