KROENKE SPORTS: Pepsi Center will provide captioning after woman’s lawsuit claims ADA violations
Woman who is deaf filed class-action suit in 2016
The owner of the Pepsi Center settled a federal lawsuit brought by a Denver woman who accused the arena of violating the Americans with Disabilities Act by not providing captioning during games.
Kroenke Arena Company, which owns the Pepsi Center, will provide open captioning during non-concert events including Colorado Avalanche, Denver Nuggets and Colorado Mammoth games, starting with the Avs’ 2018 preseason games in the fall.
This means people with hearing impairments — and everyone else — will be able to read things such as player introductions and which players are sent to the penalty box as the words are broadcast over the public address system.
Kristin Kurlander, who is deaf, filed the class-action suit in November 2016. The consent decree, or a settlement in which no party admits liability, was filed Dec. 29. A judge still needs to approve the settlement. After that, all parties of the class need to be notified so they can comment or object.
“We’re very pleased with the fact that we were able to work with the Pepsi Center to make this happen and the way they responded,” said Kurlander’s lawyer, Amy Robertson. “(We) really hope that other arenas around the country and here in Denver will learn from this and not wait to be sued before they provide access to their deaf patrons.”
Kroenke agreed to cover attorney costs. The settlement did not give Kurlander damages.
Before the lawsuit, the Pepsi Center did not offer open or closed captioning, according to the settlement. In December, after the suit was filed, the arena added closed captioning on handheld devices. But Robertson said holding a hand-held device gets in the way of communicating with the person next to you, eating a hot dog and cheering.
The settlement brings captioning to four ribbon boards on the corners of the arena that are visible from all the seats.
The captioning will cover all public announcements, including penalties and fouls, which players scored and who assisted, the national anthem, songs with lyrics, player interviews, contests and promotions.
An independent monitor will check the captioning to ensure that it is accurate.
The National Association of the Deaf has filed similar lawsuits against the University of Maryland, Ohio State University, University of Kentucky and Washington Redskins. All four schools now provide open captioning.
Sports Authority Field at Mile High, the Denver Broncos’ home field, offers closed captioning but not open. Increasing numbers of venues have begun to offer open captioning, Robertson said, including the home arenas and stadiums for Arizona State University, the New York Yankees, the Washington Capitals and the Cleveland Cavaliers. Coors Field, where the Colorado Rockies play, offers a combination of open and closed captioning.
“This is in no way universal,” Robertson said, “but it is increasingly prominent and it’s happening in more and more stadiums.”