You can't make this stuff up: Deaf football fans must be given the lyrics

Feldman v. Pro Football, Inc.
(U.S. Court of Appeals for the Fourth Circuit, March 25, 2011)

PER CURIAM:
*1 Defendants Pro Football, Inc. and WFI Stadium, Inc. operate, respectively, the Washington Redskins football team and FedEx Field, where the Redskins play home games. Plaintiffs are three individuals who are deaf or hard of hearing and who regularly attend Redskins games at FedEx Field. Plaintiffs argue that the Americans with Disabilities Act (ADA) obligates defendants to provide auxiliary access to the content of broadcasts from FedEx Field's public address system. Soon after plaintiffs filed their complaint, defendants captioned most of the aural content to which plaintiffs seek access. The district court nevertheless held that the case was not moot and granted summary judgment to plaintiffs.

The district court's holding rested in part on the fact that defendants were not providing plaintiffs with access to the lyrics to music played over the stadium's public address system. Defendants appeal the district court's summary judgment ruling that the ADA requires them to provide plaintiffs with auxiliary access to the aural content broadcast over the public address system, including music lyrics. They ask this court to decide whether deaf and hearing-impaired game spectators require access to music lyrics in order to fully and equally enjoy defendants' goods, services, privileges, and facilities. Whatever the poetic merit of the lyrics and their relevance to the sport of football, FN1 we agree with the district court that the music played over the public address system during Redskins home games is part of the football game experience that defendants provide as a good or service, and that the ADA requires full and equal access to the music lyrics. Accordingly, we affirm the district court's declaratory judgment requiring defendants to provide auxiliary access to the aural content broadcast over FedEx Field's public address system. We also affirm the district court's holding that plaintiffs' complaint cannot be construed as requesting auxiliary access to aural content that is not broadcast over the public address system, including the content of a separate radio program.