The University of Kentucky is being sued by one of its football season ticket holders, who is seeking an injunction that would force the university to put captions for all game announcements on the scoreboards of Commonwealth Stadium in accordance with the Americans with Disabilities Act.
Plaintiff Charles Mitchell of Lancaster, Ky., who filed his complaint in U.S. District Court in Lexington, alleged that he sent an e-mail to Kentucky in early March requesting that captioning be provided at Commonwealth Stadium for home football games.
The school allegedly did not respond to his request, which was the impetus for the lawsuit.
“Commonwealth Stadium has public address systems in the stadium bowl and concourse areas that project aural information (i.e., referee calls, game plays, commentary, song lyrics, safety and emergency information),” according to the complaint. “Plaintiff cannot hear these announcements.”
Therefore, Mitchell “does not have equal opportunity to enjoy, benefit from, or participate in home games or athletic events, equal to that of individuals without disabilities.”
As relief, the plaintiff is seeking an injunction that would order the defendants to:
• immediately cease discrimination and provide individuals who are deaf or hard of hearing with equal access to the benefits of the facilities, programs, services, and activities of the defendants;
• provide and display captioning on the jumbotron and video monitors at defendants’ Commonwealth Stadium for all announcements made over the public address system, including all of the plays that just occurred, all of the penalties called, safety and emergency information, and any other announcements made over the public address system;
• promulgate written policies and procedures to ensure that Defendants provide and display captioning on the jumbotron and video monitors;
• retain jurisdiction over this action until implementation of this Court’s decree has been completed;
• award plaintiff compensatory damages; and
• award plaintiff attorneys’ fees and costs of this proceeding, pursuant to 42 U.S.C. § 12205 and 29 U.S.C. § 794a(b).
Mitchell is being represented by Laren Knoll of the Knoll Law Firm in Columbus.
