Int. No. 34

By Council Members Ayala, Hanif, Cabán, Won, Louis, Restler and Bottcher

A Local Law to amend the administrative code of the city of New York, in relation to requiring closed captioning to be enabled on televisions in places of public accommodation

Be it enacted by the Council as follows:

Section 1. Section 8-102 of the administrative code of the city of New York, as amended by local law number 4 for the year 2021, is amended by adding a new definition in alphabetical order to read as follows:

Closed Captioning. The term "closed captioning" means a feature on a television that, when activated, visually displays a transcription of the audio portion of video programming.

§ 2. Paragraph a of subdivision 4 of section 8-107 of the administrative code of the city of New York, as amended by local law number 58 for the year 2020, is amended to read as follows:

a. It shall be an unlawful discriminatory practice for any person who is the owner, franchisor, franchisee, lessor, lessee, proprietor, manager, superintendent, agent or employee of any place or provider of public accommodation:

1. Because of any person's actual or perceived race, creed, color, national origin, age, gender, disability, marital status, partnership status, sexual orientation, uniformed service or immigration or citizenship status, directly or indirectly:

(a) To refuse, withhold from or deny to such person the full and equal enjoyment, on equal terms and conditions, of any of the accommodations, advantages, services, facilities or privileges of the place or provider of public accommodation; or

(b) To represent to any person that any accommodation, advantage, facility or privilege of any such place or provider of public accommodation is not available when in fact it is available; [or]

2. Directly or indirectly to make any declaration, publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that:

(a) Full and equal enjoyment, on equal terms and conditions, of any of the accommodations, advantages, facilities and privileges of any such place or provider of public accommodation shall be refused, withheld from or denied to any person on account of race, creed, color, national origin, age, gender, disability, marital status, partnership status, sexual orientation, uniformed service or immigration or citizenship status; or

(b) The patronage or custom of any person is unwelcome, objectionable, not acceptable, undesired or unsolicited because of such person's actual or perceived race, creed, color, national origin, age, gender, disability, marital status, partnership status, sexual orientation, uniformed service or immigration or citizenship status[.]; or

3. To fail to have closed captioning enabled on all televisions made available in a public area during the posted hours of operation of the place of public accommodation, except in the following circumstances:

(a) No receiver of television programming of any kind is available in a public area of the place of public accommodations;

(b) The only receiver of television programming available in a public area of the place of public accommodation is technically incapable of displaying closed captioning; or

(c) If multiple television models are displayed together for sale in a public area, for each of those models, at least one closed captioned television must be available for viewing.

§ 3. The New York city commission on human rights in conjunction with the department of small business services and the department of consumer and worker protection shall engage in outreach and education efforts to inform places or providers of public accommodations of the provisions of this local law. Such outreach and education shall be conducted within 6 months of the effective date of this law.

§ 4. This local law takes effect 90 days after it becomes law.

Session 12

JB

LS #3520

2/14/22 8:26pm

Session 11

JB/BAM

LS #12878

Int. #1889-2020