The state of Virginia has passed HB602/SB722, which will amend the Code of Virginia by adding a section numbered 51.5-44.01, relating to motion picture theaters and open captioning.

Effective July 1, 2026, all motion picture theater companies—which are described as "any person, partnership, corporation, or entity that owns, operates, controls, or leases one or more motion picture theaters"—must provide access to "fully operational and well-maintained closed captioning technology for the general public for each screening of a motion picture that is produced and available with closed captioning," as required by Title III of the Americans with Disabilities Act. In addition, all motion picture theater companies with five or more locations open to the public must provide open captioning on any film shown regularly for a week or more, with specifications varying based on how long the films are in theaters. This also applies to companies with four or fewer locations, wherein they must provide at least one open caption viewing within eight calendar days after receiving a request for it or otherwise voluntarily comply with the standards set for companies with five or more locations.

You may be asking, "what is the difference between open captioning and closed captioning?"

Open captioning describes the visible, on-screen display of dialogue and non-speech elements (e.g. music, speaker identity, and sound effects) and are always visible.

Closed captioning describes the written display of dialogue and non-speech elements (e.g. music, speaker identity, and sound effects) delivered via a personal captioning device to users.

Closed captioning is far more widespread, but it is dependent on users having access to a device to provide those captions. Open captioning removes that need, creating a more accessible environment by eliminating the need for user intervention. So, while this bill excludes outdoor theaters, such as drive-ins, it is a huge step forward. Virginia now joins Hawaii, Maryland, and Washington in having captioning requirements for movie theaters. New York also has a Senate bill under Committee right now (S2269A) that would require certain theaters to schedule showings with captions.

Open captioning ensures everyone can enjoy the same content without barriers and will undoubtedly continue to enrich our communities. We are thrilled Virginia has made this push, and we are excited to see how news like this continues to shape the future! If you would like to read the Virginia bill in full, you can do so here.

The Growth of Open Captioning