text:
Court of Appeals Docket No. 08-16075 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ____________________________________________________ STATE OF ARIZONA ex rel. TERRY GODDARD, the Attorney General, et al., Plaintiff-Appellant and FREDERICK LINDSTROM, et al., Plaintiffs-Interveners-Appellants v. HARKINS AMUSEMENT ENTERPRISES, et al., Defendants-Appellees ____________________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, NO. CV-07-703-PHX-ROS _________________________________________________________ BRIEF OF AMICI CURIAE AMERICAN COUNCIL OF THE BLIND, AMERICAN FOUNDATION FOR THE BLIND, AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, DISABILITY RIGHTS ADVOCATES, DISABILITY RIGHTS EDUCATION & DEFENSE FUND, SCREEN ACTORS GUILD, AND RIO AND HELEN POPPER IN SUPPORT OF PLAINTIFFS-APPELLANTS AND IN SUPPORT OF REVERSAL _________________________________________________________ Linda M. Dardarian, SBN: 131001 Lainey Feingold, SBN: 99226 Rachel E. Brill, SBN: 233294 LAW OFFICE OF LAINEY GOLDSTEIN, DEMCHAK, BALLER, FEINGOLD BORGEN & DARDARIAN 1524 Scenic Ave. 300 Lakeside Drive, Suite 1000 Berkeley, CA 94708 Oakland, CA 94612 (510) 548-5062 (510) 763-9800 (510) 835-1417 (fax) Attorneys for Amici Curiae American Council of the Blind, American Foundation for the Blind, American Association of People with Disabilities, Disability Rights Advocates, Disability Rights Education & Defense Fund, and Screen Actors Guild, and Rio and Helen Popper 31628-3 TABLE OF CONTENTS TABLE OF AUTHORITIES ......................................................................... iii I. CONSENT TO FILING ....................................................................... 1 II. STATEMENT PURSUANT TO FEDERAL RULE OF APPELLATE PROCEDURE 26.1 ....................................................... 1 III. STATEMENT OF IDENTITY AND INTEREST OF AMICI CURIAE .................................................................................... 1 A. American Council of the Blind (ACB) ...................................... 2 B. American Foundation for the Blind ........................................... 4 C. American Association of People with Disabilities (AAPD) ...... 5 D. Disability Rights Advocates (DRA)........................................... 6 E. Disability Rights Education & Defense Fund (DREDF) ........... 6 F. Screen Actors Guild (SAG)........................................................ 6 G. Rio and Helen Popper ................................................................ 7 IV. PURPOSE OF PROPOSED BRIEF OF AMICI CURIAE ................... 8 V. SUMMARY OF ARGUMENT .......................................................... 10 VI. ARGUMENT ...................................................................................... 12 A. By Allowing Movie Theater Operators to Avoid Their Obligation to Provide Auxiliary Aids and Services to Patrons Who Are Blind or Visually Impaired, the District Court's Decision Ignores the Plain Language of the ADA and Defeats a Core Purpose of the Statute. ..................................... 12 B. The ADA's Goals of Independence for People with Disabilities and Their Integration into Society Are Served by Recognizing Descriptive Narration Equipment as an Auxiliary Aid and Service. ..................................................................................... 14 C. Descriptive Narration Is an Auxiliary Aid and Service of the Type Envisioned by the ADA. ........................................... 17 31628-3 i D. Providing Audio Description Is Not a Fundamental Alteration of Defendants'-Appellees' Film Screening Service. ..................................................................................... 24 E. The Narrowly-Tailored ―Braille Book Exception‖ Does Not Apply to Descriptive Narration, which Is an Auxiliary Aid and Service. .............................................................................. 29 F. Plaintiffs-Interveners-Appellants Are Not Required to Encounter Barriers to Access at Each of Defendants'- Respondents' Theaters in Order to Challenge Them. .............. 34 VII. CONCLUSION................................................................................... 37 CERTIFICATE OF COMPLIANCE WITH RULE 32(a) ........................... 38 31628-3 ii TABLE OF AUTHORITIES FEDERAL CASES Ball v. AMC Entm't, Inc., 246 F. Supp. 2d 17 (D. D.C. 2003) .......................................................... 33 Cmtys. For Equity v. Mich. High Sch. Athletic Association, 192 F.R.D. 568 (W.D. Mich. 1999) ......................................................... 17 Disabled Rights Action Committee v. Las Vegas Events, Inc., 375 F.3d 861 (9th Cir. 2004) .................................................................... 26 Doe v. Mut. of Omaha Insurance Co., 179 F.3d 557 (7th Cir. 1999) .................................................................... 31 Doran v. 7-Eleven, Inc., 524 F.3d 1034 (9th Cir. 2008) .................................................................. 35 Feldman v. Pro Football, Inc., No. 06-2266, 2008 WL 4416668 (D. Md. Mar. 30, 2008)....................... 23 Fortyune v. Am. Multi-Cinema, Inc., 364 F.3d 1075 (9th Cir. 2004) ......................................................25, 27, 28 Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837 (9th Cir. 2004) .................................................................... 27 Lerwill v. Inflight Motion Pictures, Inc., 582 F.2d 507 (9th Cir. 1978) .................................................................... 17 Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) ...........................................................................35, 36 Martin v. PGA Tour, Inc., 204 F.3d 994 (9th Cir. 2000) .................................................................... 25 McNeil v. Time Insurance Co., 205 F.3d 179 (5th Cir. 2000) .................................................................... 31 31628-3 iii Miller v. California Speedway Corp., 536 F.3d 1020 (9th Cir. 2008) .................................................................. 26 Nat'l Fed'n of the Blind v. Target Corp., 452 F. Supp. 2d 946 (N.D. Cal. 2006) ..................................................... 16 PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001) ...............................................................14, 25, 26, 27 Pickern v. Holiday Quality Foods Inc., 293 F.3d 1133 (9th Cir. 2002) .................................................................. 36 Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205 (1972) ................................................................................. 35 Walters v. Reno, 145 F.3d 1032 (9th Cir. 1998) .................................................................. 17 Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000) .................................................................. 31 FEDERAL RULES & STATUTES 42 U.S.C. § 12101 ..................................................................................................... 30 § 12101(a)(2) ......................................................................................14, 15 § 12101(a)(3) ......................................................................................15, 30 § 12101(a)(5) ............................................................................................ 15 § 12101(a)(8) ............................................................................................ 14 § 12101(b)(1) ......................................................................................15, 16 § 12102(1)(B) .....................................................................................19, 32 § 12102(1)(C) ........................................................................................... 19 § 12102(b)................................................................................................. 31 § 12102(c) ................................................................................................. 31 § 12182(a) ................................................................................................. 15 § 1282(b)(2)(A)(ii) ................................................................................... 26 § 12182(b)(2)(A)(iii) ..........................................................................12, 18 § 12201(c) ................................................................................................. 31 31628-3 iv 28 C.F.R. Pt. 36, App. B ........................................................................................... 34 28 C.F.R. § 36.303(a) ..........................................................................................18, 30 § 36.303(b)(2) .....................................................................................19, 32 § 36.303(c) ................................................................................................ 18 § 36.307 ........................................................................................20, 29, 32 § 36.307(a) ................................................................................................ 32 § 36.307(b)................................................................................................ 32 § 36.307(c) ................................................................................................ 32 § 36.501(a) ................................................................................................ 36 36 C.F.R. Pt. 1191, App. B (2005)............................................................................ 19 ADA Amendment Act of 2008 (―ADAAA‖), Pub. L. No. 110-325, 122 Stat. 3553 (2008) ............................................................................... 30 H.R. Rep. No. 101-485(II), at 22 (1990), reprinted in 1990 U.S.C.C.A.N. 303 ..................................................................................... 15 31628-3 v I. CONSENT TO FILING All parties to this action have consented to the filing of this brief by amici curiae American Council of the Blind, American Foundation for the Blind, American Association of People with Disabilities, Disability Rights Advocates, Disability Rights Education & Defense Fund, Screen Actors' Guild, and Rio and Helen Popper. II. STATEMENT PURSUANT TO FEDERAL RULE OF APPELLATE PROCEDURE 26.1 The following amici curiae are non-profit corporations that have not issued stock and do not have parent corporations: American Council of the Blind, American Foundation for the Blind, American Association of People with Disabilities, Disability Rights Advocates, Disability Rights Education & Defense Fund, and Screen Actors Guild. III. STATEMENT OF IDENTITY AND INTEREST OF AMICI CURIAE Amici curiae include organizations representing individuals with vision disabilities, the country's largest organization representing film actors, and a child (Rio Popper), who is blind and appears through her mother and guardian (Helen Popper). Members, board, and staff of amici organizations and the individuals they serve, as well as Ms. Popper, share the same interest in attending movie screenings as their sighted counterparts, but cannot fully and equally enjoy these 31628-3 1 movies without descriptive narration, the auxiliary aid and service sought by Plaintiffs-Appellants. Meaningful enforcement of the Americans with Disabilities Act – a broad, remedial statute – requires that such auxiliary aids and services be provided. Accordingly, amici curiae's interest in this matter is to ensure that the plain meaning of the ADA's provisions concerning auxiliary aids and services is fully realized, and that the statute is interpreted to further the public policy of full inclusion of people with disabilities in all facets of society and civic life. The District Court's decision undermines the ADA's purpose and intent and eviscerates a key provision of the ADA granting rights to persons with visual impairments such as the individual amici and the board, staff, and members of the amici organizations who are blind or visually impaired. A brief summary of each amicus is set forth below: A. American Council of the Blind (ACB) American Council of the Blind (ACB) is a non-profit organization founded in 1961 and based in Washington, D.C. It is a leading and preeminent membership organization of people who are blind or visually impaired. ACB has tens of thousands of members who belong to one or more of its 71 affiliated state, regional and special interest organizations, including affiliates in all states comprising the Ninth Circuit, including the Arizona Council of the Blind, California Council of the Blind, Alaska Independent Blind, Inc., Hawaii Association of the Blind, ACB 31628-3 2 of Idaho, Montana Blind and Low Vision Council, Nevada Council of the Blind, ACB of Oregon, and Washington Council of the Blind. ACB serves as a representative national organization of people who are blind or visually impaired, advocating for improved social, economic and cultural participation. ACB, its affiliates, and its members have long advocated for better access to media, including entertainment media, for individuals who are blind and visually impaired. ACB has participated as amicus curiae in several Americans with Disabilities Act (ADA) cases, has served as an organizational plaintiff in ADA cases, and has been a party in several negotiated settlement agreements with numerous public accommodations regarding auxiliary aids and services, including accessible technology, for people who are blind or visually impaired. ACB members, board and staff with visual impairments desire to attend movies independently, and can best do that when a theater has installed and uses descriptive narration equipment. ACB members have been involved in local efforts to encourage movie theaters to install descriptive narration equipment and benefit when such equipment is installed. ACB and its members have an interest in the outcome of this litigation and will be prevented from fully participating in the movie-going experience with blind and sighted friends and family members if the District Court's Order dismissing Plaintiffs'-Appellants' action is not reversed. 31628-3 3 B. American Foundation for the Blind American Foundation for the Blind (AFB) is a national non-profit organization whose mission is to eliminate the inequities faced by the more than 20 million Americans who experience significant vision loss. Among other things, AFB is the leading publisher of professional materials on blindness and low vision through its publishing arm, AFB Press; a pioneer in the development of Talking Books; a national advocate representing the interests of blind or visually impaired people before Congress and government agencies; and home to the Helen Keller Archives, the only collection of its kind in the world, containing her correspondence, documents, photographs, and memorabilia. AFB publications, distributed in various formats including over the Internet, include Access World: Technology and People with Visual Impairments and Journal of Visual Impairment and Blindness. AFB recognizes the importance of individuals who are blind or visually impaired being able to attend movies with friends and family members. Descriptive narration equipment is essential to blind patrons' independent enjoyment of movies, and AFB staff and the community AFB serves have been involved in advocating for this technology. Attending movies is an important way that individuals – blind or sighted – participate in popular culture. Descriptive narration equipment allows movies to be accessible to people with vision loss. 31628-3 4 Narrated descriptions provide information about key visual elements such as actions, settings, facial expressions, costumes, and scene changes. The descriptions are inserted into pauses in the soundtrack, do not interfere with the dialogue, and are delivered to blind patrons through a headset. AFB and its visually impaired board and staff rely on video description to fully participate in the movie-going experience and thus have an interest in the outcome of this litigation. C. American Association of People with Disabilities (AAPD) American Association of People with Disabilities (AAPD), founded in 1995 and headquartered in Washington, D.C., is the largest national nonprofit cross-disability member organization in the United States. AAPD is dedicated to organizing the disability community to be a powerful force for change – socially, politically and economically. AAPD fulfills this mission through its career and leadership programs for individuals with disabilities, policy initiatives and public awareness activities. AAPD advocates for the full implementation and enforcement of disability nondiscrimination laws, particularly the ADA. AAPD advocates in favor of better accessibility of media for individuals with disabilities, and has served as amicus curiae in significant litigation affecting the rights of people with disabilities. AAPD and its members benefit from the presence of 31628-3 5 descriptive video equipment in theaters and thus have an interest in the outcome of this litigation. D. Disability Rights Advocates (DRA) Disability Rights Advocates (DRA) is a non-profit legal center whose mission is to ensure dignity, equality and opportunity for people with all types of disabilities throughout the United States and worldwide. Making facilities throughout the country accessible to individuals with disabilities through negotiation and litigation is one of DRA's primary objectives. E. Disability Rights Education & Defense Fund (DREDF) Disability Rights Education and Defense Fund, Inc. (DREDF), based in Berkeley, California, is a national nonprofit law and policy center dedicated to protecting and advancing the civil rights of people with disabilities. Founded in 1979, DREDF pursues its mission through education, advocacy and law reform efforts, and is nationally recognized for its expertise in the interpretation of federal disability civil rights laws. F. Screen Actors Guild (SAG) Screen Actors Guild (SAG) is the nation's largest labor union representing working actors. Established in 1933, SAG represents over 120,000 actors who work in film and digital television, industrials, commercials, video games, music videos and all other new media formats. SAG exists to enhance actors' working 31628-3 6 conditions, compensation and benefits and to be a powerful, unified voice on behalf of artists' rights. As part of the creative arts community, SAG has an interest in ensuring the fullest possible access to the creative works performed by its members to a wide and inclusive range of patrons, including audience members who are blind or visually impaired. SAG supports the ADA's goal to assure equality of opportunity, full participation, independent living, and economic self- sufficiency for individuals with disabilities. In coalition with the American Federation of Television and Radio Artists (AFTRA) and Actors' Equity Association (AEA), SAG is a proud partner of the tri-union IAMPWD (Inclusion in the Arts and Media of People With Disabilities) disability rights campaign to improve and promote the accuracy, inclusion and access of people with disabilities in all areas of entertainment and news media. G. Rio and Helen Popper Rio Popper is a seven-year-old girl who resides within the Ninth Circuit, and is blind. She cannot independently enjoy movies without descriptive narration equipment. Because her local theater does not have this equipment, Rio Popper has been denied the full and equal opportunity to participate in educational and social experiences. Helen Popper, Rio's mother, would like her daughter to enjoy the movie-going experience independently, but Rio is unable to do so when descriptive narration equipment is not installed. Without descriptive narration 31628-3 7 equipment, either Rio misses content that is displayed visually, or Helen must provide a running narration, limiting Rio's independence and interfering with both of their enjoyment of the movie, and possibly that of other patrons. Helen and Rio Popper have been involved in local advocacy efforts to encourage theaters to install descriptive narration equipment. Rio Popper is interested in the outcome of this litigation, both on behalf of herself and as a representative of thousands of blind youths who want to experience movies independently. Helen Popper is interested in the outcome of this litigation, both on behalf of herself and as a representative of the sighted family members, companions and friends of persons with visual impairments who would like to attend movies with patrons who are blind or visually impaired and share full enjoyment of the content of those movies independently. IV. PURPOSE OF PROPOSED BRIEF OF AMICI CURIAE Amici Curiae are familiar with the issues in this case and the scope of their presentation. Members, board, and staff of amici ACB, AFB, and AAPD as well as blind individuals served by these organizations, and amici Rio and Helen Popper have attended movies both with and without the auxiliary aid of descriptive narration sought by Plaintiffs-Appellants in this action. The proposed Brief of amici curiae presents arguments that materially add to and complement the Joint Brief of the Plaintiffs-Appellants, without repeating arguments made therein. The 31628-3 8 proposed Brief will assist the Court by addressing arguments and authorities not contained in Plaintiffs'-Appellants' brief, as follows: A. The proposed Brief of amici curiae discusses the impact the District Court's interpretation of the ADA as not requiring the provision of specific auxiliary aids and services has upon individuals who are blind or visually impaired. In addition to contravening the ADA's explicit goals and requirements, the District Court's ruling denies moviegoers who are blind or have visual impairments the right to benefit from the services provided by movie theaters. B. The proposed Brief of amici curiae focuses sharply on the lack of any statutory defense available to Defendants-Appellees to support their failure to provide the auxiliary aids and services required by the ADA. The proposed Brief of amici curiae will assist the Court in distinguishing between the ADA's requirement of auxiliary aids and services, such as the descriptive narration equipment sought by Plaintiffs-Appellants, and a narrow regulatory exception relating to inventory and special goods that the District Court misapplied to the case below. Amici curiae respectfully submit that the points and authorities discussed in the proposed Brief will assist the Ninth Circuit in deciding this matter. Thus, amici respectfully request leave to file the proposed Brief submitted herewith in support of Plaintiffs-Appellants. 31628-3 9 V. SUMMARY OF ARGUMENT Descriptive narration equipment sought by Plaintiffs-Appellants allows movie patrons who are blind or visually impaired to understand film elements that are purely visual, such as scenes, settings, actions, and unspoken communications. The equipment provides an ―audio description‖ of those key film elements through a headset made available by the movie theater.1 Descriptive narration equipment affords the hundreds of thousands of movie fans who are blind or visually impaired, including amici and their members, board, staff and constituents, the opportunity to fully participate in the classic American past-time of enjoying movies shown at movie theaters, and brings them further into the social and cultural mainstream of American public life, as the Americans with Disabilities Act (―ADA‖) intended. 1 Throughout this brief, amici use the following terms interchangeably: descriptive narration, audio description, video description, and descriptive video. These terms encompass both the audio narration itself (which describes visual elements in a movie so that a person who cannot see those elements can understand visual aspects of the film) as well as the equipment to deliver and receive the audio narration (such as the headphones used by patrons who are blind or visually impaired). A short segment of the film ―The Lion King‖ containing the auxiliary aids of descriptive narration (used by movie goers who are blind or visually impaired) and captioning (used by patrons who are deaf or hard of hearing) is available on line at http://ncam.wgbh.org/richmedia/media/lionking/lionking hi.mov (last visited December 8, 2008). In a movie theater equipped with the descriptive video equipment sought by Plaintiffs-Appellants, the audio description demonstrated at this link would be delivered to blind or visually impaired patrons through a headset. 31628-3 10 The District Court's conclusion that the ADA does not require movie theaters to provide descriptive narration should be reversed because it is based on an improper analysis of several of the law's provisions. First, contrary to the District Court's conclusion that the ADA does not require the provision of visual information in an audio format (see Excerpts of Record (―ER‖) 10:16-18 (Order at 8:6-18)), descriptive narration equipment is an auxiliary aid and service, as defined by ADA and implementing regulations, that Defendants-Appellees must, in the absence of a recognized defense, provide to moviegoers who are blind or visually impaired. Second, the District Court erred in deciding that Defendants-Appellees could escape the requirement of providing descriptive narration because doing so would ―modify the content of the services [they] offer.‖ (See ER 13: 26-27 (Order at 11:26-27)). Public accommodations such as Defendants-Appellees are only exempted from providing auxiliary aids and services where to do so would result in an undue burden or would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation that the entity offers to the public. Neither of these defenses is available to Defendants-Appellees. Defendants- Appellees do not claim a defense of undue burden (see ER 7:6-7 (Order at 5:6-7)); consequently, that issue is irrelevant in this case. The fundamental alteration defense is also inapplicable here because descriptive narration equipment does not 31628-3 11 fundamentally alter the nature of the service Defendants-Appellees offer to the public, i.e., the screening of movies. Third, the District Court took the narrow exception in the ADA regulations addressing inventory and ―special goods‖ and misapplied it to descriptive narration. (See ER 8:3-14 (Order at 6:3-14) and ER 9:15-16 (Order at 13:16).) The ―special goods‖ exception is irrelevant to the issue of descriptive narration, which is not a product that movie operators sell to customers, yet the District Court erroneously relied on this exception to hold that descriptive narration is beyond the ADA's scope. For these reasons, as discussed further below, the District Court's opinion should be reversed. Additionally, this Court should reverse the District Court's decision that Plaintiffs-Interveners-Appellants lack standing to challenge any theater other than the specific ones they allege having attempted to access. (See ER 6:16-7:24 (Order, footnote 5, at 4:16-5:24)). VI. ARGUMENT A. By Allowing Movie Theater Operators to Avoid Their Obligation to Provide Auxiliary Aids and Services to Patrons Who Are Blind or Visually Impaired, the District Court's Decision Ignores the Plain Language of the ADA and Defeats a Core Purpose of the Statute. In its decision granting Defendants-Appellees' motion to dismiss, the District Court stated that the auxiliary aids and services provision of Title III of the ADA (42 U.S.C. § 12182(b)(2)(A)(iii)) ―requires public accommodations to ensure 31628-3 12 that persons with disabilities have access to the services they provide (utilizing auxiliary aids and services if necessary), but does not require public accommodations to alter or modify the content of their services.‖ (ER 13:23-26 (Order at 11:23-26)). The District Court then concluded that the auxiliary aid and service that the Plaintiffs-Appellants request of Defendants-Appellants – equipment to play the descriptive narration tracks that are included with movies that studios provide for showing at movie theatres – would impermissibly alter or modify the content of those movies, and is therefore not required by the ADA. (ER 13:26-27 (Order at 11:26-27)). Amici curiae agree with the District Court that a public accommodation, absent an allowable statutory defense, must provide auxiliary aids and services when necessary to ensure access to its services. Amici curiae also agree that fundamental alterations in the nature of a public accommodation's services are not required by the ADA. In concluding that descriptive narration would fundamentally alter the content of Defendants'-Appellees' services, however, the District Court apparently misunderstood the nature, operation, and purpose of descriptive narration equipment and the nature of Defendants'-Appellees' services. Such equipment, as explained below, is itself the quintessential ―auxiliary aid and service‖ that enables patrons with visual disabilities to have access to a public accommodation's services, in this case the movies that theater operators show on 31628-3 13 screen. Audio narration is not a separate movie or a different movie. Nor does it fundamentally alter theater operators' film screening services. Rather, it is equipment that allows visually impaired movie goers access to the very same movie being viewed by sighted movie patrons. In addition to misconstruing the nature, operation, and purpose of descriptive narration equipment and the meaning of the ADA's auxiliary aids and services provision, the District Court's decision is contrary to the ADA's central goals and purposes, and, if upheld, would represent a significant and wide-reaching diminution of the rights of people with disabilities. B. The ADA's Goals of Independence for People with Disabilities and Their Integration into Society Are Served by Recognizing Descriptive Narration Equipment as an Auxiliary Aid and Service. The preamble to the ADA reads, in relevant part: [T]he Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals… 42 U.S.C. § 12101(a)(8). Accordingly, the ADA provides a broad mandate to eliminate discrimination against people with disabilities. PGA Tour, Inc. v. Martin, 532 U.S. 661, 675 (2001). In studying the need for the ADA, Congress found that American society ―has tended to isolate and segregate individuals with disabilities… and such forms of discrimination… continue to be a serious and pervasive social problem.‖ 42 31628-3 14 U.S.C. § 12101(a)(2). Congress further found that ―individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, […] failure to make modifications to existing facilities and practices, […] segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities.‖ 42 U.S.C. § 12101(a)(5) (emphasis added). Congress also highlighted persistent, ongoing disability discrimination in the areas of public accommodations and recreation. 42 U.S.C. § 12101(a)(3). With this in mind, Congress drafted the ADA ―to bring persons with disabilities into the economic and social mainstream of American life,‖ (S. Rep. No. 101-116, at 2 (1989); H.R. Rep. No. 101-485(II), at 22 (1990), reprinted in 1990 U.S.C.C.A.N. 303), and ―to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.‖ 42 U.S.C. § 12101(b)(1). In enacting Title III of the ADA, which prohibits discrimination against people with disabilities in places of public accommodation, Congress conferred upon individuals with disabilities the right to ―full and equal enjoyment of the goods, services, privileges, advantages or accommodations of any place of public accommodation.‖ 42 U.S.C. § 12182(a). In interpreting Title III, one court in this circuit has stated: 31628-3 15 [I]t is clear that the purpose of the statute is broader than mere physical access -- seeking to bar actions or omissions which impair a disabled person's ―full enjoyment‖ of services or goods of a covered accommodation. Indeed, the statute expressly states that the denial of equal ―participation‖ or the provision of ―separate benefit[s]‖ are actionable under Title III. [Citations omitted.] Nat'l Fed'n of the Blind v. Target Corp., 452 F. Supp. 2d 946, 954 (N.D. Cal. 2006). This is in keeping with Congress's original intent for the ADA: ―to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.‖ 42 U.S.C. § 12101(b)(1). Descriptive narration furthers the broad mandate of full inclusion and independence that is fundamental to the ADA. Without this important auxiliary aid and service, a movie patron who is blind cannot have ―full enjoyment‖ of or ―equally participate‖ in the films being shown to sighted patrons. Amicus Rio Popper, a seven-year-old girl who is blind, is a representative of thousands of blind youths who want to experience movies independently with friends, classmates and family and need the auxiliary aid and service of descriptive narration to do so. Similarly, there are thousands of blind parents who want, and are legally entitled, to have the experience of attending movies with their blind or sighted children and be able to fully participate in and benefit from that experience. Thousands of other members of amicus ACB, as well as the organization's board, staff, and non- member constituents who are blind and visually impaired, in addition to the blind and visually impaired board, staff and constituents of amici AFB and AAPD, have 31628-3 16 attended movie screenings with and without audio narration. The ability to receive the visual content of a movie through the auxiliary aid of audio narration allows amici and the blind individuals they represent to experience the promise of the ADA's non-discrimination mandate in an iconic American social environment – the movie theater.2 The District Court's order deprives them of this quintessential experience in a manner that is wholly contrary to the principles underlying the passage of the ADA. C. Descriptive Narration Is an Auxiliary Aid and Service of the Type Envisioned by the ADA. Both the ADA itself, as well as the Department of Justice's implementing regulations for Title III, require public accommodations such as Defendants- Appellees to provide auxiliary aids and services so that persons with disabilities 2 It is irrelevant whether or not every single blind person in the United States will take advantage of descriptive narration offered by a movie theater. Indeed, the red herring of split of opinion within a minority community has come up in other contexts, and courts have resoundingly rejected it as inapposite. Instead, courts have focused on what the relevant law requires of corporate defendants. See, e.g., Lerwill v. Inflight Motion Pictures, Inc., 582 F.2d 507, 512, n.4 (9th Cir. 1978) (Fair Labor Standards Act); Cmtys. For Equity v. Mich. High Sch. Athletic Ass'n, 192 F.R.D. 568, 574 (W.D. Mich. 1999) (Title IX of the Education Amendments of 1972; ―the class member who wishes to remain a victim of unlawful conduct does not have a legally cognizable conflict with the class representative‖); Walters v. Reno, 145 F.3d 1032, 1047 (9th Cir. 1998) (Immigration and Naturalization Act). As such, if any customer who is blind or has a visual impairment visits one of Defendants'-Appellees' theaters and is not interested in hearing the descriptive narration track, he or she does not need to request the headset that plays the narration. But that person's lack of interest cannot be a bar to those who need and desire to hear the narration through a headset and receive the visually delivered on- screen information that sighted customers receive. 31628-3 17 can participate in the public accommodation's services. Under the ADA, discrimination includes: a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden. 42 U.S.C. § 12182(b)(2)(A)(iii). Discussing communication access, the Department of Justice (―DOJ‖) regulations state, A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. *** Effective Communication. A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. 28 C.F.R. § 36.303(a) and (c). 31628-3 18 Descriptive video equipment is an auxiliary aid and service within the meaning of the ADA and the implementing regulations.3 Auxiliary aids and services are broadly defined as including (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions. 28 C.F.R. § 36.303(b)(2) – (4); see also 42 U.S.C. § 12102(1)(B) and (C). Descriptive narration falls squarely within this definition because it is an effective method of making visually delivered information about such film elements as scenes, settings, actions, and unspoken communications available to movie patrons who have visual impairments. As Plaintiffs-Appellants have shown in their complaints filed below, the process of delivering descriptive narration to moviegoers who are blind or have 3 In its decision, the lower court erroneously concluded that because audio description was not included in the 2004 accessibility standards promulgated by the U.S. Access Board, this auxiliary aid and service was not required by the ADA. (See ER 5:3-10 (Order at 3:3-10)). The DOJ, not the Access Board, is responsible for promulgating regulations to enforce the ADA. Indeed, the Access Board itself recognized that its 2004 Standards did not occupy the field of ADA regulations, stating in Advisory 101.1 that ―In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.‖ 36 C.F.R. Pt. 1191, App. B (2005). The provision of auxiliary aids and services is covered by DOJ regulations, which require ―effective methods of making visually delivered materials available to persons with visual impairments.‖ 28 C.F.R. § 36.303(b)(2). 31628-3 19 visual impairments is simple, and requires no ―special goods.‖4 (ER (State's Complaint (―SC‖)) at 158-59 ¶¶ 20-22; ER (Plaintiff Interveners' Complaint (―PIC‖)) at 132-33 ¶¶ 30-31, 33). Plaintiffs-Appellants are simply asking that Defendants-Appellants install the equipment required to deliver the audio narration already provided by movie studios.5 The participating film studios make narrative descriptions available with the movies they send to theaters. (ER (SC) at 159 ¶ 22; ER (PIC) at 133 ¶ 33). Currently, participating film studios make descriptive narration available for many first-run, wide-release films. Id. The film studios make audio description available to theaters that request it by including a synchronized CD-Rom, containing the film's description, with the movies they send to theaters.6 ER (SC) at 158 ¶ 16 and note 4; ER (PIC) at 133 ¶¶ 33. Moviegoers who are blind or have visual impairments cannot access video description unless the theaters install the necessary auxiliary aids. ER (SC) at 158 ¶ 19; ER (PIC) at 137 ¶ 59-61. Once the descriptive video equipment is installed, Defendants-Appellees would only need to play the CD-Rom that is already 4 The ADA regulations (see 28 C.F.R. § 36.307) contain a narrow exception for aspects of inventory that are deemed ―special goods.‖ That exception is not applicable here (see discussion at Section VI.E., infra). 5 The issue of the theaters' obligations if the narration were not provided by the studios is not before the Court. 6 In effect, then, film-makers are providing a critical component of the auxiliary aid and service, and Defendants-Appellees are preventing the benefits of that auxiliary aid from reaching the consumer. 31628-3 20 synchronized with the movie being screened to enable moviegoers and individuals with vision disabilities to listen to the information provided on the CD-Rom through individual headsets. In light of these undisputed facts, Defendants'- Appellants' failure to install the equipment sought by Plaintiffs-Appellants affirmatively blocks movie patrons with visual impairments from accessing visual content and participating in the film experience in the manner envisioned by the studios that provided the CD-Rom. More importantly, Defendants'-Appellees' failure to install the equipment Plaintiffs-Appellants seek is a failure to take required steps to provide mandated auxiliary aids and services envisioned by Congress when it enacted the ADA. The District Court's sweeping re-write of the ADA's auxiliary aids and services provisions has the potential to undo many of the recent and significant achievements in accessibility made possible through advances in technology. In the last nine years, amici curiae ACB and AFB have successfully negotiated settlement agreements with various public accommodations and entities requiring the provision of a wide range of auxiliary aids and services, including Braille, audio and large print financial information; Talking ATMs; point of sale devices with tactile keypads; accessible (audio) pedestrian signals; and accessible web 31628-3 21 sites.7 These auxiliary aids and services, similar to the accessibility that can be achieved through advances in technology in the delivery of descriptive narration, provide individuals who are blind or visually impaired with access to information and technology that sighted people often take for granted without fundamentally altering the nature of the original service. For example, a Talking ATM is the same ATM in the same location with the same functionality provided to sighted people; it simply has additional technology that allows a blind customer to hear what the sighted bank customer sees on the screen. A Braille bank statement provides information about a customer's financial accounts in an alternative format to standard print, which allows the customer with a visual impairment to access the otherwise visually delivered information. An audio pedestrian signal8 provides an alternative method of delivering information presented by a visual pedestrian 7 Settlement agreements providing for auxiliary aids and services that were negotiated by amici ACB and AFB, as well as other blind organizations and individuals who are blind and visually impaired can be found at http://lflegal. com/negotiations/#agreements (last visited December 8, 2008). Agreements listed include those with Wal-Mart (providing tactile keypads so that blind customers can privately enter their PINs when purchasing goods and services at Wal-Mart check stands), Bank of America (providing accessible web sites, Talking ATMs, and Braille, audio, and Large Print financial information); and Equifax, TransUnion and Experian (providing accessible credit reports in a variety of different formats to enable access by visually impaired consumers). 8 An accessible pedestrian signal (APS) is a device that communicates information about pedestrian timing in non-visual format such as audible tones, verbal messages, and/or vibrating surfaces. Like descriptive narration equipment that adds audible information to an otherwise purely visual image, an APS provides additional audible (as well as vibro-tactile) information to content that is typically visual (the picture of the walking person or the word ―WALK‖). 31628-3 22 signal. Similarly, a theater providing descriptive narration shows the same films on the same schedule in the same location as it would if the auxiliary aids and services were not installed. Just as a Braille bank statement provides information in an alternative format, and an audio pedestrian signal provides an alternative method of delivering information presented by a visual pedestrian signal, descriptive narration is an effective method of making visually delivered information available to individuals with visual impairments. Like Talking ATMs, audio pedestrian signals, and other statutorily endorsed auxiliary aids and services such as ―taped texts, audio recordings … and other effective methods of making visually delivered materials available to individuals with visual impairments,‖ descriptive narration presents visual information in an audio format. This audio description is delivered to moviegoers who are blind or have vision impairments through a headset; only individuals with that headset can access the audio narration. See discussion of video description, supra. Descriptive narration provides access to blind moviegoers, offering them information imparted visually to sighted patrons that blind moviegoers cannot see because of their disability. Cf. Feldman v. Pro Football, Inc., No. 06-2266, 2008 WL 4416668, at *12 (D. Md. Mar. 30, 2008), Order of Sept. 30, 2008 (requiring defendant to provide deaf and hard of hearing visitors with equal access to aural information via 31628-3 23 auxiliary aids and services). It clearly fits within the ADA's definition of auxiliary aids and services, and the District Court's holding to the contrary is incorrect. D. Providing Audio Description Is Not a Fundamental Alteration of Defendants'-Appellees' Film Screening Service. Descriptive narration, as explained above, is a method of delivering to patrons with visual impairments the visual information that a movie theater provides to its sighted customers, without altering the nature of the movie theater's services, or requiring the theater to show only particular movies. The District Court erred in concluding that the provision of the visual information in an alternative (audio) format is a fundamental alteration of the service of screening movies. Under this reasoning, virtually all auxiliary aids and services would be banned by the very statute mandating them, as the essential purpose of the auxiliary aids and services provision is to provide an alternative format to persons with disabilities who, because of their disability, cannot access the original format. To say that converting visual material to an audio format constitutes a fundamental alteration of the public accommodation's service would deprive blind and visually impaired Americans of a host of well-recognized and accepted accommodations. The District Court's ruling eviscerates the ADA's auxiliary aids and services provision and is plainly not what was envisioned by Congress when it enacted the ADA. 31628-3 24 This Circuit has recognized that the service provided by movie theaters, such as those owned by Defendants-Appellees, is the screening of films. Fortyune v. Am. Multi-Cinema, Inc., 364 F.3d 1075, 1084 (9th Cir. 2004). In Fortyune, the plaintiff sought an injunction that would require the defendant theater chain to change its seating policies to ensure that wheelchair users could sit with their non- disabled companions. In ruling for the plaintiff, this Court held: Fortyune's modification also does not fundamentally alter the nature of the services provided by the Theater. [Quoting Martin, 532 U.S. at 682, 121 S.Ct. 1879.] All aspects of the Theater and its policies survive the requested relief intact, save one: AMC must now ensure that companion seats are available to the companions of wheelchair-bound patrons until ten minutes prior to showtime, even if a person not accompanying a wheelchair-bound patron refuses to move. This change will have a negligible effect — if any — on the nature of the service provided by the Theater: screening films. See Martin v. PGA Tour, Inc., 204 F.3d 994, 1001 (9th Cir. 2000). While the individual who is made to move seats will experience the film in a different manner (i.e., from a different location in the Theater), this shift is modest and does not rise to the level of a ―fundamental alteration‖ of the Theater itself. Fortyune, 364 F.3d at 1084. In this Circuit's opinion in Martin v. PGA Tour, Inc., 204 F.3d 994 (9th Cir. 2000) (aff'd, 532 U.S. 661 (2001), cited in Fortyune, the Court reasoned that the defendant's argument that allowing a professional golfer with a mobility disability to use a golf cart in a tournament despite a tour rule requiring contestants to walk ―reads the word ‗fundamentally' out of the statutory language‖ of the fundamental alteration defense. Id. at 1000. When the United States Supreme Court considered 31628-3 25 and rejected the PGA's appeal, it too emphasized that the statutory defense requires a defendant to demonstrate not simply an alteration, but a ―fundamental alteration.‖ Martin, 532 U.S. at 682-83 (emphasis added).9 In considering whether the PGA must allow plaintiff Martin to use a golf cart during defendant's championship golf tournament, the Supreme Court reasoned that: a modification of petitioner's golf tournaments might constitute a fundamental alteration in two different ways. It might alter such an essential aspect of the game of golf that it would be unacceptable even if it affected all competitors equally; changing the diameter of the hole from three to six inches might be such a modification. Alternatively, a less significant change that has only a peripheral impact on the game itself might nevertheless give a disabled player, in addition to access to the competition as required by Title III, an advantage over others and, for that reason, fundamentally alter the character of the competition. We are not persuaded that a waiver of the walking rule for Martin would work a fundamental alteration in either sense. Id. (emphasis added). 9 In Martin, the issue was a public accommodation's obligation to make ―reasonable modifications‖ in its policies pursuant to §12182(b)(2)(A)(ii). The ADA's policy modification provision has the same ―fundamental alteration‖ defense as does the auxiliary aids and services provisions at issue here. In interpreting this defense, the Department of Justice's ―ADA Title III Technical Assistance Manual‖ emphasizes that a mere modification is not a statutory defense: ―What is a fundamental alteration? A fundamental alteration is a modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered.‖ (available at http://www.ada.gov/taman3.html (last visited Dec. 10, 2008). The DOJ Technical Assistance Manual is entitled to ―substantial deference.‖ Miller v. California Speedway Corp., 536 F.3d 1020, 1028 (9th Cir. 2008). See also Disabled Rights Action Comm. v. Las Vegas Events, Inc., 375 F.3d 861, 875-76 (9th Cir. 2004) (―the guidance provided in the‖ TAM is ―entitled to significant weight as to the meaning of‖ DOJ regulation). 31628-3 26 Here, the District Court misapprehended both the law and the facts in reaching its conclusion that descriptive narration is not required by the ADA because it ―alter[s] the form in which [the theater operator] normally provides its services,‖ ―change[s] visual elements into an audio format‖ or ―change[s] the content of the services [the theater operator] offers.‖ (ER (Order) at 10:5-13, 11:7- 8.)10 Apparently, the District Court believes that any alteration rises to the level of a fundamental alteration. This is patently incorrect. Analyzed under the standard as expounded upon in Fortyune and Martin, requiring Defendants-Appellees to install descriptive narration equipment does not fundamentally alter an ―essential aspect‖ of their movie screening services. The same movies are shown in the same locations at the same time at the same sound level whether or not the descriptive narration equipment has been installed. Nor does provision of this auxiliary aid and service give a blind movie patron an ―advantage over others‖ so as to ―fundamentally alter the character‖ of the films movie theater operators screen. Instead it provides the movie's visual information in a format that the blind or visually impaired patron can access. Under both Martin and Fortyune, the 10 This Court has held that whether an accommodation ―fundamentally alters‖ the nature of a service is ―an intensively fact-based inquiry." Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837, 845 (9th Cir. 2004). Amici question whether an ―intensively fact-based-inquiry‖ can be made on a motion to dismiss. At the very least, given Lentini's admonition, the District Court should have allowed the parties to proceed through discovery and into summary judgment before deciding 31628-3 27 provision of audio narration to moviegoers who are blind or have visual impairments is not a fundamental alteration within the meaning of the ADA. Cf. id.11 The error in the District Court's ruling on fundamental alteration is also demonstrated by the fact that hundreds of movie theaters across the country have installed audio description equipment and have been screening films with this auxiliary aid and service for years. For example, in 2005, the Attorney General of the State of New York announced a settlement with eight national movie theater chains requiring the installation of descriptive narration equipment in order to ―permit individuals who are . . . visually impaired to share in the cultural (continued …) whether the provision of descriptive narration equipment fundamentally alters the nature of Defendants'-Appellants' service. 11 Defendants'-Appellees' unfounded claim, in their Motion to Dismiss, that the law's requirement that public accommodations provide access to their services means only that Defendants-Appellees need to provide access to instructions on how to purchase tickets and popcorn, is directly contradicted by Fortyune. Movie theaters do sell tickets and popcorn and must provide auxiliary aids and services to ensure effective communication with people with sensory disabilities to enable them to partake of those services in a manner equal to sighted patrons who want to buy popcorn and tickets. However, movie theaters are plainly in the business of showing movies to paying customers. Fortyune, 364 F.3d at 1084. As such, movie theaters also have the obligation to provide auxiliary aids and services – effective methods of making visually delivered materials available to individuals with visual impairments – to enable access to the displayed content of those movies. 31628-3 28 experience and entertainment of a movie screening.‖12 Members of amicus curiae ACB and others enjoy attending movies with audio description provided in the Ninth Circuit and all across the country. If video description fundamentally altered a theater's services of screening movies, theaters across the country would not be providing it. E. The Narrowly-Tailored "Braille Book Exception" Does Not Apply to Descriptive Narration, which Is an Auxiliary Aid and Service. In its opinion, the District Court mistakenly analogized Braille books to the provision of descriptive narration (the auxiliary service that amici curiae seek), and used this analogy to bolster its holding that the ADA does not require movie theater operators to provide descriptive narration. The District Court's analogy is flawed. The Department of Justice ADA regulations contain a narrow exception protecting a public accommodation from having to alter its inventory by purchasing ―accessible or special goods‖ (such as a bookstore providing Braille books) except under particular narrow circumstances. 28 C.F.R. § 36.307. This 12 See Movie Theaters to Expand Screenings for People with Disabilities, http://www.oag.state.ny.us/media_center/2005/Dec05a-05.html (last visited December 10, 2008). See also Assurance of Discontinuance Pursuant to Executive Law 63(15), settling New York State Attorney General's claims against Loews Cineplex Entertainment Corporation and requiring installation of descriptive narration equipment at theaters in the Loews chain in New York, located at http://www.oag.state.ny. us/bureaus/civil_rights/pdfs/Loews%20Cineplex %20Entertainment%20Corp.pdf (last visited December 9, 2008). 31628-3 29 exception is inapt here, because movies are not ―inventory‖ of theater operators or exhibitors such as Defendants-Appellees, and descriptive narration is not an ―accessible or special good.‖ The District Court's reasoning on this issue causes a narrowly tailored exception designed to protect inventory to swallow the broad auxiliary aids and services mandate. As discussed in Section VI.A., above, the ADA contains a broad anti- discrimination mandate, decrying disability-based discrimination in ―employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.‖ 42 U.S.C. § 12101(a)(3); see generally 42 U.S.C. § 12101.13 Embedded in that mandate is the specific obligation of a public accommodation to provide ―auxiliary aids and services.‖ 28 C.F.R. § 36.303 (a) (―A public accommodation shall […] ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services‖ unless it can show that to do so would ―result in an undue burden, i.e., significant difficulty or expense.‖). This term ―auxiliary aids and services‖ is broad and non-exhaustive. As discussed above, in addition to including ―qualified readers, taped texts, or other 13 Congress recently affirmed in the findings of the ADA Amendment Act of 2008 (―ADAAA‖), Pub. L. No. 110-325, 122 Stat. 3553 (2008) that the ADA is a 31628-3 30 effective methods of making visually delivered materials available to individuals with visual impairments,‖ auxiliary aids and services also include the ―acquisition or modification of equipment or devices.‖ 42 U.S.C. §§ 12102(b) and (c). Descriptive narration equipment falls squarely within this definition. As described above, descriptive narration includes a track with on-screen information in an audible format, and the equipment necessary to present the audible information to movie patrons who are blind or visually impaired. Taken together, the equipment and information allow blind movie-goers to access visual aspects of movies that are otherwise unavailable to them. It is itself an auxiliary aid that gives people who are blind or visually impaired access to the service being provided by the theater – the service of exhibiting movies for the public to enjoy. Audio description equipment is simply a means of making the movie's visual information available to people with vision disabilities.14 (continued …) remedial statute intended to be construed broadly to address discrimination. 14 The District Court's erroneous view of auxiliary aids and services also led it to improperly analyze three judicial opinions – Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104 (9th Cir. 2000); McNeil v. Time Ins. Co., 205 F.3d 179 (5th Cir. 2000); and Doe v. Mut. of Omaha Ins. Co., 179 F.3d 557 (7th Cir. 1999). All three cases dealt with insurance coverage, which is subject to unique analysis and defenses as specified in Title V of the ADA. See 42 U.S.C. § 12201(c). Additionally, the District Court's discussion of these three cases obfuscates the fact that auxiliary aids and services, such as the descriptive narration sought by Plaintiffs-Appellants, do not constitute a different good or service, but are a different means for delivering the same information to people with disabilities. Changing visual information to aural information is precisely what Congress intended when it defined term ―auxiliary aids and services‖ as including ―effective 31628-3 31 Braille books, in contrast, are specifically recognized in the DOJ regulations as ―accessible or special goods‖ within the meaning of 28 C.F.R. § 36.307. Such goods have been (in most instances) explicitly excluded from the reach of the ADA. 28 C.F.R. § 36.307. A public accommodation is not required ―to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individuals with disabilities,‖ although it ―shall order accessible or special goods at the request of an individual with disabilities, if, in the normal course of its operation, it makes special orders on request for unstocked goods, and if the accessible or special goods can be obtained from a supplier with whom the public accommodation customarily does business.‖ 28 C.F.R. §§ 36.307(a) and (b). Examples of ―accessible or special goods‖ included in the regulations are ―items such as Brailled versions of books, books on audio cassettes, closed-caption video tapes, special sizes or lines of clothing, and special foods to meet particular dietary needs.‖ Id. at 36.307(c). (continued …) methods of making visually delivered materials available to individuals with visual impairments.‖ 42 U.S.C. § 12102(1)(B); see also 28 C.F.R. § 36.303(b)(2) (same). The District Court's conclusion that changing visual elements into sound constitutes a ―special good‖ or a prohibited fundamental alteration of the nature of a public accommodation's services is wholly antithetical to the purpose and the plain language of the ADA. 31628-3 32 One court has clearly recognized the distinction between ―auxiliary aids and services‖ on the one hand and ―accessible and special goods‖ on the other in the context of movie screenings, and has found equipment that assists disabled movie patrons (in that case, captioning) to fall within the first category. See, Ball v. AMC Entm't, Inc., 246 F. Supp. 2d 17 (D. D.C. 2003). In Ball, the court rejected Defendants' assertion on summary judgment that showing closed captioned movies for deaf and hard-of-hearing movie patrons constitutes a special good or service. In reaching its conclusion that court reasoned that ―Defendants fail to recognize that they are not similarly-situated to bookstores and video stores that provide goods because Defendants provide the service of screening first run movies.‖ Id. at 24. The court further held that because closed captioning could be provided to deaf individuals during normal screening of captioned films, installation of equipment to provide captioning ―can be required under the ADA because it would not change the nature of the service supplied by Defendants – screening first run movies to the public.‖ Id. at 24-25. As in Ball, Plaintiffs-Appellants are not asking Defendants-Appellees to sell a particular product, show particular movies, or alter the nature of the service they provide. Instead, they are simply asking Defendants-Appellees to provide an auxiliary aid and service, to ensure that patrons with visual impairments are not denied access to the visual content of movies that Defendants-Appellees normally screen. 31628-3 33 In this regard, descriptive narration is akin to Braille menus. Braille menus allow blind customers to perceive the visual material provided to sighted customers by the regular menu, just as descriptive narration allows blind moviegoers to perceive the visual material presented to sighted moviegoers on the screen. Like descriptive narration, Braille menus are not accessible/special products or goods; they are aids to information access, and they do not change the nature of the information provided. See 28 C.F.R. Pt. 36, App. B, Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (Published July 26, 1991) (listing Braille menus as an example of auxiliary aids and services, along with providing waiters to read the menu options to a blind patron). Accordingly, just as Braille menus are considered an auxiliary aid and service required by the ADA, descriptive narration should be as well. F. Plaintiffs-Interveners-Appellants Are Not Required to Encounter Barriers to Access at Each of Defendants'-Respondents' Theaters in Order to Challenge Them. The District Court erred substantially in holding that Plaintiffs-Interveners- Appellants lack standing to challenge access barriers at any theater other than the one they visited. Such a draconian definition of standing comports with neither Ninth Circuit nor Supreme Court precedent. 31628-3 34 The ADA, like other civil rights statutes, is primarily enforced through private lawsuits. In such cases, courts take a ―broad view of Article III standing […].‖ Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1043 (9th Cir. 2008) (citing Trafficante v. Metro. Life Ins. Co., 409 U.S. 205, 209 (1972)). Plaintiffs-Interveners-Appellants have met the test for Article III standing set forth in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). First, Plaintiffs- Interveners-Appellants have suffered an ―injury in fact‖ – ―an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.‖ Id. at 560 (citations omitted). This requirement is satisfied where, as here, ―a plaintiff has visited a public accommodation on a prior occasion and is currently deterred from visiting that accommodation by accessibility barriers […].‖ Doran, 524 F.3d at 1041. The ―injury in fact‖ requirement is broad in scope; Plaintiffs-Interveners-Appellants need not show that they have personally encountered each and every barrier to obtain appropriate injunctive relief. Id. at 1043-1044. Instead, they may permissibly challenge all barriers related to their disability in one lawsuit. Id. at 1047. Further, Plaintiffs-Interveners-Appellants have standing to challenge the same access barriers at any of the theaters where they are aware that barriers exist. This is true regardless of whether Plaintiffs-Interveners-Appellants have visited 31628-3 35 these other theaters: as long as these theaters continue to house known access barriers, attempts by moviegoers who are blind or have visual impairments would be futile. See, e.g., Pickern v. Holiday Quality Foods Inc., 293 F.3d 1133, 1136- 1137 (9th Cir. 2002) (―Thus, under the ADA, once a plaintiff has actually become aware of discriminatory conditions existing at a public accommodation, and is thereby deterred from visiting or patronizing that accommodation, the plaintiff has suffered an injury. [citation] So long as the discriminatory conditions continue, and so long as a plaintiff is aware of them and remains deterred, the injury under the ADA continues.‖); see also 28 C.F.R. § 36.501(a) (―Nothing in this section shall require a person with a disability to engage in a futile gesture if the person has actual notice that a person or organization covered by title III of the Act or this part does not intend to comply with its provisions."). Moreover, Plaintiffs-Interveners-Appellants have shown that the causal connection between the injury they suffered and the conduct complained of is traceable to Defendants'-Appellees' actions. Lujan, 504 U.S. at 560 (citation omitted). Plaintiffs-Interveners-Appellants have alleged that they suffered discrimination based on their disability because Defendants-Appellees failed to use available auxiliary aids and services. Plaintiffs'-Interveners'-Appellants' injury is a direct result of Defendants'-Appellees' failure to act. Plaintiffs-Interveners- Appellants have shown that a favorable decision would likely, and not merely 31628-3 36 speculatively, redress the injury they suffered. With the aid of descriptive narration, they would be able to enjoy the movie-viewing experience comparable to that of sighted moviegoers. Accordingly, Plaintiffs-Interveners-Appellants have met the standards for Article III standing. VII. CONCLUSION For the foregoing reasons, amici curiae respectfully request that this Court reverse the District Court's ruling below. Dated: December 10, 2008 Respectfully submitted, Linda M. Dardarian, SBN: 131001 Rachel E. Brill, SBN: 233294 GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 (510) 763-9800 (510) 835-1417 (fax) Lainey Feingold, SBN: 99226 LAW OFFICE OF LAINEY FEINGOLD 1524 Scenic Ave. Berkeley, CA 94708 (510) 548-5062 Attorneys for Amici Curiae American Council of the Blind, American Foundation for the Blind, American Association of People with Disabilities, Disability Rights Advocates, Disability Rights Education & Defense Fund, Screen Actors Guild, and Rio and Helen Popper 31628-3 37 CERTIFICATION OF COMPLIANCE WITH RULE 32(a) This brief complies with the type-volume limitation of Fed. R. App. P. 32(a)(7)(B) because the brief contains 5,354 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii). This brief complies with typeface requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because this brief has been prepared in a proportionally spaced typeface using Microsoft Word in fourteen-point font Times Roman type style. Dated: December 10, 2008 ___________________________ Linda M. Dardarian 31628-3 38
Pages to are hidden for
"cinemark amicus"Please download to view full document


text:
Restaurant @ Holiday Inn Peterborough West
Thorpe Wood, Peterborough, Cambridgeshire, PE3 6SG
**Only one card can be used per table.**
Stoke yourself with a full-bodied breakfast or ease back after a long day with a delicious dinner in this airy, stylish contemporary restaurant at the Peterborough West Holiday Inn.
Offer and Availability
Please log in to access this restaurant's offer...
Join today!
This feature is only available to our members.
If you would like to join The Gourmet Society now, please click here and fill in our application form.

subset: commoncrawl


text:
Featured post
Why Display Homes Are Getting Popular These Days
Posted on March 29, 2015 | By NicholasSRoy
The real estate business in Australia shows that buying display homes in capital cities can earn you as much as 8 percent. Display homes in Perth have become very attractive for investors these days. Buying display homes in Perth is …
Featured post
UT-Dallas Developed A Revolutionary Nanotech Material
Posted on March 13, 2015 | By NicholasSRoy
With the team up of Lintec Group based in Tokyo (a United States subsidiary) and University of Texas located in Dallas, the nanotubes were developed. Nanotubes, when viewed using a microscope looks like tiny tubes but are actually powder …
17-Year Old Schoolboys Start Huge Business With A Bike And 10,000 Pens
Posted on March 11, 2015 | By NicholasSRoy
London, UK – If one would list the things a 17-year old schoolboy does, starting a business would not be part of it. Marcus Ereira and Luke Shelley were just typical London schoolboys when they first started Tavistock Tutors. The …
The Best Hoodie On Earth
Posted on March 10, 2015 | By NicholasSRoy
Hoodies have become popular nowadays. The sweatshirt with hoods has often been a controversial apparel piece but has continued to thrive and its market continuously grows.
There are several companies that manufacture hoods and one of this is Brony.com. Brony.com …
Need For Plumbers, Builders And Engineers At An All Time High As Skill Crisis Takes Hold
Posted on March 2, 2015 | By NicholasSRoy
Britain is now in desperate need for skilled workers as it faces its biggest skill shortage in more than a generation. The lack of plumbers, builders and engineers had cause a derail in the attempt of re-invigorating the economy.
Many …
New Generation Paints Much Safer Now As They Lack Toxic VOC Fumes
Posted on February 23, 2015 | By NicholasSRoy
Good news for homeowners, painters and decorators. The newer paints of today are safer now that paint industry had made it possible for toxins in the paint to no longer be an issue.
Painting and decorating is one of the …
Decorative Agents Given A Boost By Finance Specialist To The Tune Of £40k
Posted on February 21, 2015 | By NicholasSRoy
Decorative Agents, a company based in Rochdale, got the £40,000 they needed to secure a facility. The money was said to be funded by a finance company from the northwest. Decorative Agents specialized in supplying decorating supplies. The company …
Southampton's Saxlund International Seals New Contracts
Posted on February 19, 2015 | By NicholasSRoy
Southampton, Hampshire- The global company Saxlund International announced its plans to expand its business operations. Saxlund International is a bio-energy and materials handling firm that is based in Southampton. The company has never stopped in delving into new innovative ways …
The State Of The Global Market Apparel Industry
Posted on February 10, 2015 | By NicholasSRoy
The textile industry is one of the business sectors that has benefited from the decline in oil prices. Consumers have more to spend and as clothing is one of the basic needs, the growth in the textile industry is forecasted …
Will Sustainable Packaging Solution Increase The Sales Of Consumer Goods?
Posted on February 2, 2015 | By NicholasSRoy
An interesting research was conducted by Stora Enso, a leading European provider of sustainable fiber-based packaging solutions. The aim of the research was to determine whether millennials (people between the ages of 15 and 35) would value sustainability in packages …
Business Suffers As Trust Declines
Posted on January 21, 2015 | By NicholasSRoy
2014 was filled with news of disasters from all over the globe. Plane disappearance, plane crashes, wars, computer hacks and deadly viruses were the devastating news highlight of 2014. Trust in the global business weakened due to these occurrences.…
AirAsia On Probe After Tragic Accident Before New Year
Posted on January 20, 2015 | By NicholasSRoy
AirAsia Flight QZ8501 crashed in the Java Sea on three four days before New Year. It carried 162 people including the plane's crew. The short trip from Surabaya to Singapore ended tragically after it flew in a stormy weather. Such …


text:
AC Power Adapter/Charger for Wii Console - EU Plug (100~240V AC)
original one ,what what more could I say? Get this AC charger for the worn, damaged, lost, or broken Wii power cables now.
- Best replacement for the original AC power adapter
free shipping
(14 Reviews)
» Batteries & Chargers
Add To Cart
USB to DC Power Charging Cable for Wii Battery - White (1.2m)
Brand N A Quantity 1 Color White Material Plastic Compatible Models Wii Function Battery DC power charging cable Cable Length 120 cm Power Supply USB Power Supply
(0 Review)
» Cables & Adapters
USB Charge Cable for Wii Battery - Black (120cm)
Brand N A Quantity 1 Color Black Material Plastic Compatible Models Wii Function Battery DC port charging cable Cable Length 120 cm Power Supply USB Power Supply Packing
DOBE AC Power Charger Adapter for Nintendo Wii U Console - Black (100~240V / US Plug)
60 Hz Output Voltage DC 15 V Output Current 5000 mA Plugs 2-Flat-Pin Plug US plug Other Features Convenient and easy to use Packing List 1 x Charger Adapter 130cm-cable
Non-Contact Charge Station With Rechargeable Battery for Wii Remote (Pair)
out of Wii remote
- Simply only put your remote on to a wharf hire as well as it will begin charging
- Power by USB, also can use DC5V output power adaptor to charging
TYW-1228 USB 2.0 Charging Cable for Wii U Gamepad - White (80cm)
Model TYW-1228 Quantity 1 Color White Material ABS Compatible Models Wii U Gamepad Function Charging cable for Wii U Gamepad Cable Length 80 cm Power Supply USB Power
AC Power Adapter/Charger for NDS/GBA SP Console - US Plug (85V~265V)
- Best replacement for the original AC power adapter
- Universal voltage input lets you take your Wii to anywhere in the world without a heavy
- Plug Type: US
- Input
1080P YPbPr Component Video to VGA Converter for Wide LCD Monitors
- Package List: YPbPr to VGA Converter, AC Adapter 100-240V US Plug , VGA cable, Audio cable, User's Manual English
(2 Reviews)
» A/V Adapters & Converters
1800mAh Rechargeable Power Battery Pack Grip for NDSi/DSi
adapter for charging
- All the buttons and ports are accessible; it will not affect any functions
- Retractable charging cable which could offer the electronic to the console
Get great weekly deals and offers like:
© 2006~2015 DX.com. All rights reserved.
Note:Stock and Availability shown on this site is for your reference only. While
we strive to provide the most accurate and timely stock and availability information,
availability information may become out of date and may change between the time
you added an item to cart and the time your order is received.
Quantities on clearance items are limited. Prices are current at time of posting. DX Reserves the right to change prices at any time without notice.
Partners: Volumerate l
MadeinChina l


text:
I am 27. I work offshore 28 days and the 14 days I'm off I'm a real estate agent in the area. I have fun with everything I do so it means I am down for anything. This was really broad so if their is anything else you would like to know just ask because I am an open book.
Join OkCupid
Find better matches with our advanced
Find better matches with our advanced
matching system
—% Match
—% Enemy
27 • Madisonville, LA • Man
I'm looking for
- Women
- Ages 19–30
- Near me
- Who are single
- For new friends
My details
- Last online
- Feb 28
- Orientation
- Straight
- Ethnicity
- White
- Height
- 6′ 0″ (1.83m)
- Body type
- Athletic
- Diet
- Mostly other
- Smokes
- No
- Drinks
- Not at all
- Drugs
- Never
- Religion
- Catholicism, but not too serious about it
- Sign
- Taurus, but it doesn't matter
- Education
- Graduated from space camp
- Job
- Sales / Marketing
- Income
- $40,000–$50,000
- Status
- Single
- Type
- —
- Offspring
- Has a kid
- Pets
- Likes dogs and likes cats
- Speaks
- English
Similar Users
My self-summary
Write a little about yourself. Just a paragraph will do.
What I'm doing with my life
Don't overthink this one; tell us what you're doing day-to-day.
Working offshore and accumulateing enough sea time to become a captain. Then I will have enough money to go real estate full time. So I'm on the grind.
I'm really good at
Go on, brag a little (or a lot). We won't judge.
Making people laugh, reading people and communication.
The first things people usually notice about me
I'm an empty essay… fill me out!
How would I know what the first thing people notice about me is??
Favorite books, movies, shows, music, and food
Help your potential matches find common interests.
The art of war
Mexican food
Hip hop and RnB
Movies is too tough
But I can listen to anything music wise except for techno
Mexican food
Hip hop and RnB
Movies is too tough
But I can listen to anything music wise except for techno
The six things I could never do without
Think outside the box. Sometimes the little things can say a lot.
On a typical Friday night I am
Netflix and takeout, or getting your party on — how do you let loose?
Plotting to take over
The most private thing I'm willing to admit
I'm an empty essay… fill me out!
I want to change my user name to little kid lover. That way people know exactly where my priorities are. This is a quote by Michael Scott from the office.
You should message me if
Offer a few tips to help matches win you over.
You have it somewhat together, have a good sense of humor, aren't easily offended and you aren't intimidated by a man that actually has his life together.
Connect your existing OkCupid account
Sign in
Welcome Back!
Restore your account to continue meeting new people.
Reset your password
We'll email you a link to reset it.
Email sent!
An email is on its way to . If you don't see it, try checking your Spam folder.


text:
5 (0) 4 (1) 3 (0) 2 (0) 1 (0)
4 stars 4/5 Stars Average score of 1 user reviews
That "different" X-Title 0
While most people think that the big 3 books for the X-Men have been Uncanny X-Men, X-Men and Astonishing X-Men they might be missing a real gem in X-Factor. There's no argument that X-Factor doesn't have the huge battles and epic storylines that the other 3 books have, but it works because it dares to be different. It's like street level X-Men mixed with crime noir fiction and comedy... and it all works perfectly together. Although the comedic elements are always present, it never takes away fr...0 out of 0 found this review helpful.
This edit will also create new pages on Comic Vine for:Beware, you are proposing to add brand new pages to the wiki along with your edits. Make sure this is what you intended. This will likely increase the time it takes for your changes to go live.
Comment and Save
Until you earn 1000 points all your submissions need to be vetted by other Comic Vine users. This process takes no more than a few hours and we'll send you an email once approved.


text:
I'm an Educator, teaching math, married to Trish-the love of my life. We are outdoor people - hiking, riding bikes, paddle boarding, snowshoeing and horses (that's the short list).
Trish is a Chopra University certified teacher of Ayurveda and Seven Spiritual Laws of Yoga. Trish loves her organic garden and her big black Friesian horse (and me:)
We love to travel and greatly enjoy airbnb now that we've discovered it. The people we've met, especially through hosting have been divine and a true delight. We never thought we could get SO excited when someone is due to arrive!
Enjoy the journey!


text:
Richwood is a populated place located in Boone County at latitude 38.921 and longitude -84.625.
The elevation is 928 feet. Richwood appears on the Union U.S. Geological Survey Map. Boone County is in the Eastern Time Zone (UTC -5 hours).
Boone County: Cities & Towns | ZIP Codes | Schools | Features (airports, churches, hospitals, etc.)
BIG Map |
Driving Directions |
Data Source - USGS GNIS FID: 501829
BOUNDARY MAPS: Walton Division | Boone County
Richwood, KY
(< 0.1 mile)
Kensington, KY (1.4 miles SSE)
Bank Lick, KY (2.4 miles ESE)
Ricedale, KY (2.7 miles ENE)
Devon, KY (3.4 miles N)
Walton, KY
(3.4 miles SSE)
Union, KY (3.4 miles WNW)
Sugartit, KY (4.1 miles NNW)
Nicholson, KY (4.5 miles ESE)
Independence, KY (4.5 miles ENE)
Ridgeview Heights, KY
(4.3 miles NNE)
Pye, KY (9.2 miles ENE)
Commissary Corner, KY (10.5 miles NW)
Pools Creek, KY (10.6 miles ENE)
McVille, KY (11.4 miles WNW)
Johns Hill, KY
(11.7 miles NE)
Mount Saint Joseph, OH (12.2 miles N)
Latonia Terrace, KY (12.8 miles NNE)
Jacob Price Homes, KY (12.8 miles NNE)
Gurley Corner, IN (13.3 miles WSW)


text:
|Anal, Facials, Blonde, HD
|658,803 ADDED June 20, 2013
|Missy Monroe
|Couple, Vaginal Sex, Anal Sex, Blonde, Caucasian, Tattoos, Cum Shot, Facial, HD
that's nothing beyond my boyfriend :P lol
very sexy
oh yes he does!
I adore titfucking! ;) And facefucking too, that's my favorite! ;) I was upload pics and videos of my cock, just go to my profile and I hope you're like that. I'm horny for some girl who would make my dreams come true! It means to swallow my dick all to the end, until my balls, to give me titfuck and to lick and suck my dick as well! ;) I like licking vagina
mmm ... between boobs
What did he put on her?
old school :)
he sure does
mmmmmmmm my boyfriend did me like that last night.


text:
Our view: Edit board reloads with eye on elections
It took more than a month, but the News Tribune is proud to announce new editorial board members and the board that'll consider candidates and help determine the newspaper's political endorsements this fall election season.
Get the full story
Subscribe or Log In
Are you a newspaper subscriber but you don't have a Digital Access account yet? Activate your account.
You will need your subscription account number and phone number. Not sure if you have an account? Email us or call (800) 456-8080 and we can help you.


text:
Tuesday, 11 December 2012
Library Board Meeting
The Logan Library would like to invite the public to join library staff and board members in discussing the library's future. Logan Library Board meeting will be held on the 2nd Tuesday of the month at 5:30 pm in the Logan Library Archives Room. The next meeting will be on December 11th - here is the agenda.
Please feel welcome in attending and having an active role in the library!
Posted By Logan Library at 8:50 AM in Category:Community
The Latest News!
Mar 30, 2015
» Tax Resources Mar 24, 2015
» Learning @ the Library Mar 18, 2015
» Record Your Family's Voice: Oral History Training


text:
Walesonline Cardiff
(4) for Walesonline in Cardiff
Glamorgan GazetteThomson House, Havelock StreetCF10 1XR Cardiff01685 383848
WalesOnline - all the latest Welsh news, politics, football, rugby, business, showbiz and jobs in Wales.
Celtic NewspapersThomson House Havelock StreetCF10 1XR Cardiff01685 383848
WalesOnline - all the latest Welsh news, politics, football, rugby, business, showbiz and jobs in Wales.
Request for Quotation
Are you looking for Newspapers & Magazines ?Use our "Request for Quotation" service to get customized offers from companies in Cardiff, tailored for your exact needs!
Cardiff PostThomson House, Havelock StreetCF10 1XR Cardiff029 20223333
WalesOnline - all the latest Welsh news, politics, football, rugby, business, showbiz and jobs in Wales.
Western MailNewsdesk, Havelock StreetCF1 1WR Cardiff029 20583668
WalesOnline Great new name, same great content Visit WalesOnline for Wales news, business news, sport, whats on, jobs in Wales and more
More results from the Newspapers & Magazines category
Forbidden Planet Ltd5, Duke StreetCF10 1AY Cardiff029 2022 8885
... USA, Comics Magazine Suppliers, comic books, Comics and Magazines, LOCAL, CONTAINERISED, Shopping,...
That Shop News44, Castle ArcadeCF10 1BW Cardiff029 20255483
... Newsagents Retail, newsstand, news, Newsagents, newspapers, magazines, newsagency, newsagent
Buzz Magazine12-14, Castle Arcade BalconyCF10 1BU Cardiff029 20256881
... news distribution, newsstand, MAGAZINE, newspaper publishers, newsagency, magazines, NEWSPAPER,...
Western Mail & Echo LtdPhoto Sales Department, Po Box 325CF10 1EJ Cardiff029 20583488
... magazine publishers, newspapers, Magazine Publishing, magazines, Magazine Printers, news, Newspaper...
Early Learning CentreSt. Davids Way, St. Davids CentreCF10 2DP Cardiff St Davids Centre029 2022 7799
Toys games at ELC toy shop Buy toys and games including children's toys, baby toys, educational toys, wooden toys and outdoor toys
Troutmark Books41-43 Castle ArcadeCF10 1BW Cardiff029 2038 2814Closed
... books, newsagency, buy books, bookshop, newspapers, Bookseller, newsagent, newsstand, Bookshops,...
Castle News21A Castle StreetCF10 1BT Cardiff Taffs Well029 20221639
... magazines, newsagents, newsagent, news, newsagency, newspapers, newsstand
Western Mail & Echo LtdSix Park StreetCF10 1XR Cardiff029 2022 3333
WalesOnline, the best source for Welsh news, sport, business and entertainment. Powered by the Western Mail, South Wales Echo, Wales on Sunday and Celtic Weekly Newspapers. Produced by Media Wales...
McColl's5-6 St Marys StreetCF10 2AT Cardiff029 2034 1135Open
McColl's is a leading name when it comes to neighbourhood convenience stores and newsagent stores. The company gives an alternative to the long trip to the supermarket, offering the possibility to...
Taylor News20 Caroline StreetCF10 1FG Cardiff029 2023 6375
... Grocery, magazines, newsagency, Newsagents Retail, newspapers, newsstand, newsagent, news


text:
How To Fix Facial Wasting
Here's a taste of what TheBody.com has to offer on this topic:
Ask the Experts
Stop the risk, and fix facial wasting for good!A little over a year ago I wrote here my answer to facial wasting. Micro droplet injections of silicone has not only made my face look normal (I had a very bad case of facial wasting), but as I continue, I know look much younger and better than...
Response from Alvan Fisher, M.D.
Brown University School of Medicine...period (say years) silicone tends to cause fibrosis (scar tissue) and the appearance/texture may change. Generally facial wasting does not seem to improve after changing or stopping antiretrovirals. We don't know whether the presence of... Read more »
frustrating that doctors have no idea why people have facial wasting and how to fix this!!!Nelson,Its so frustrating that facial wasting is the centerfold of the new aids look. We just cant... Read more »
facial wasting, body wastinghi,i am a healhty 18year survior of hiv. my most recent cocktail is: Truvada 1aday,Viramue 200mg... Read more »
Wasting Syndrome... What Is AIDS Wasting? What Causes AIDS Wasting? How Is Wasting Treated? The Bottom Line What Is AIDS Wasting? AIDS wasting is the involuntary Read more »
A Facial Wasting Update... Hello my friends, There was a lot of interest in my earlier video blog " Treating My Facial Wasting ," so I wanted to give you an update by taking you along on my third visit to Dr. Gerald Pierone . The earlier blog covered Read more »
Treating My Facial Wasting...meantime, my friends, please be well. Mark To contact Mark, click here . Episode Seven: Treating My Facial Wasting var first = new... Read more »
California: Needle Disposal Needed -- Thorny Waste Issue Growing...2008, California made it illegal to dispose of used needles in the trash, becoming one of 11 states with such laws to protect waste haulers, sorters, and the environment. However, collection and proper disposal of sharps remains patchy. Needle... Read more »
Connect With Others
Treatment for facial wasting CMS
Posted by dickspoz...CMS, Centers for Medicare and Medicaid Services closed a public comment period on the treatment for facial wasting a couple of months ago. All the comments I read were heavy in favor of providing reimbursement, however, I have not been able Read more »
Bio Alcamio at Clinicesetica 4 facial wasting. *DELETED*Read more »
facial wastingRead more »
please help facial wasting,but antibody negRead more »
Resource Centers
Guides for People With HIV


text:
Paulina Gretzky and Dustin Johnson Make it Official
Watch Miley Cyrus Fall Down on Stage While Wearing a Fake Butt
Kim Kardashian's New Eye Color Will Creep You Out
Watch Miley Cyrus Fall Down on Stage Wearing a Fake Butt
Selena's Scandalous Selfie Sparks Drama
Magnificent seven: The 2016 model-year cars we can't wait to drive
Kendall Jenner, Gigi Hadid, and Justin Bieber Pose For Vogue!
The Embarrassing Reason Khloe Kardashian Knew She Needed to Lose Weigh
Perfect Imperfections: Celebs With Unusual Physical Attributes
Kylie Jenner Says She Has To Act Fake For The Kardashian Image
Guess the Celebrity Sibling
Bruce Jenner Rocks Red Nail Polish, Smokes Cig on His Birthday
Kanye West Just Killed a Kardashian Family Tradition
Gisele: I Knew Tom Brady Was 'The One' On Our First Date
What Does Kylie Jenner Look Like Without Makeup?
12 Celebrities Who Are Kind of Gross
The Worst Celebrity Beach Bodies
Beyonce Isn't as Flawless as We Thought
Iggy Azalea's Latest Confession Will Blow You Away
Inside The Lavish World of 1 Year Old North West
32 Ridiculously Cute Queer Women Couples
This 9-Year-Old Model Is Being Called the "Most Beautiful Girl in the World"
What Really Happened To The Cars From 'Pimp My Ride'
Mom Shocks Doctors With $4 "Skinny Pill"
Inside Kim and Kanye's $20 Million Mega Mansion
20 Celebs You Didn't Realize Have a Twin Sibling
10 Presidential Perks You'll Be Jealous Of
British Man Spends $150K on Surgery to Look Like Kim Kardashian
Emma Watson's Intentional "Side Boob"
Look at Me Now: Celebrity Relatives


text:
- State Roundup: Governor signs budget fix bills
- Rauner, Democratic leaders shake hands and make law
- State roundup: National guardsman and cousin arrested in terror plot
- Lawmaker says license plate readers a privacy threat
- Bryant not the first to feel impact of free agency rules
- State Roundup: Parents' group calls for standardized test opt-out bill
- Hononegah Mack: 'The best woman in the county'
- The tip of the iceberg: Human trafficking in America
- State Roundup: House passes proposal to fill current fiscal year budget gap
- 'Hogs streak hits 4 as race tightens
Historic architecture inspires group exhibit at Kortman
Staff Report
Four historic and architecturally significant buildings in downtown Rockford are the inspiration and focus of "Urban Treasures: Renaissance through Imagination," a group exhibition opening in the Kortman Gallery Friday, Oct. 5, and Saturday, Oct. 6 (ArtScene weekend).
Twelve Rockford artists were invited to create art inspired or influenced by four prominent, yet endangered, buildings: The Midway Theater, The Armory, The Elks Club and the Ziock/Amerock Building. Multimedia works are influenced by each of the buildings' unique design characteristics, historic stature and imaginative future.
According to Gallery Director Doc Slafkosky, each of the four buildings was selected not only for its unique and historic architectural style, but also for its prominent location in downtown Rockford.
"Most importantly, these endangered treasures also have a great amount of potential in the future to be something very special," said Slafkosky. "Each of the buildings serves a very different purpose, but they all could be a very important part of the cultural life of our city, since their future use will most likely involve the general public."
Participating artists include Ryan Davis, R. Scott Long, Doug Connell of Engine Studio, Robert Sunday, Shari Grace, Keith Grace, Kyle Wolfe, Michael Bugler, Jeremy Klonicki, Matt Herbig, Margret Hesler Hynes, Betsy Youngquist and Gary W. Anderson Architects.
An opening reception for "Urban Treasures: Renaissance through Imagination" will be from 5 to 9 p.m., Friday, Oct. 5, and 3 to 9 p.m., Saturday, Oct. 6, which coincides with Fall Rockford ArtScene weekend. The art will be on display through Nov. 17. The gallery is upstairs at J.R. Kortman Center for Design, 107 N. Main St. For more information, call (815) 968-0123 or visit www.jrkortman.com.
From the Oct. 3-9, 2012, issue


text:
Refrigerator Ice Maker Assembly
Part #: AEQ36756919
In Stock
Order by 2pm CT, ships today (Monday - Friday)! View Details
Many replacement parts are only available online and typically cannot be found anywhere locally.
SHOP YOUR WAY REWARDS℠ Members earn 1594 points if they purchase this item. Learn more
Part Information
This manufacturer-approved icemaker (part number AEQ36756919) is for refrigerators, including Kenmore refrigerator model 79551372010.
Unplug the refrigerator and shut off the water supply before installing the icemaker assembly.
Safely store any food that could deteriorate while the refrigerator is shut off for this repair.
- Category: Refrigerators and Freezers
- Shipping Length: 7 in
- Shipping Width: 14 in
- Shipping Height: 8 in
- Shipping Weight: 1 lbs


text:
New! For youth who have completed 9th or 10th grade. The Leader in Training program introduces teens to the skills needed to become leaders. This 5 week program fosters the YMCA leadership […]> MORE
Camp Mowkawgogan Its time to sign kids up for summer camp! This summer, Concord Family YMCA – Mowkawogan summer day camp program is offering kids an enriching, learning experience to help them […]> MORE
COME TOGETHER Eat • Drink • Give Please join us for a great evening of networking and socializing for a wonderful cause! 11th Annual Spring Social In Good Spirits to benefit the […]> MORE