HB5491 would add a new section to West Virginia’s Motion Picture Fair Competition Act requiring certain movie exhibitors to make accessible showings available for people with disabilities. Specifically, theatres operated by exhibitors with more than one location in the state would have to offer open captioning at least twice per week for each digital motion picture that is available with open captions, and provide audio description upon request for any digital motion picture that is available with audio description. Each theatre would also need to maintain at least two audio description devices.
The bill includes several limits and exceptions. It would not require a theatre to buy new equipment if doing so would create an undue burden or fundamentally alter the theatre, and it would not apply to drive-in theatres, theatres with fewer than six screens, theatres without digital projection or without support for open caption files, films shown fewer than eight times in a week, or films more than 20 days after their premiere at that theatre.
Impact
If enacted, the bill would create new accessibility obligations for certain multi-location movie theatre operators in West Virginia and add those requirements to state law under Article 11D. It would affect exhibitors of digital motion pictures by mandating open-caption showings and audio-description accommodations where available, while carving out smaller, non-digital, and limited-run venues. The measure would also establish a statutory undue-burden/fundamental-alteration limitation that could reduce compliance obligations in some cases.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the overall sentiment appears supportive of disability access and consumer accommodation, with the bill framed as an accessibility measure rather than a regulatory expansion for its own sake. The stated purpose emphasizes making motion pictures more accessible to persons with disabilities, suggesting a policy goal that is likely to attract favorable attention from accessibility advocates and some theatre operators already equipped to comply. No recorded opposition, amendments, or vote history is available in the provided materials.
Contention
The main points of contention are likely to center on compliance costs, operational burden, and the scope of the mandate. Theatre operators may object to the requirement to provide open caption showings and maintain audio-description devices, especially where they would need to adjust scheduling or equipment. The bill attempts to address those concerns through exemptions for smaller theatres, non-digital venues, drive-ins, limited-showing films, and a defense where compliance would impose an undue burden or fundamental alteration, indicating that the balance between accessibility and business burden is the key issue.