When the ADA was passed in 1990, the only form of captioning available was traditional open captioning, which involves the burning of captions onto the movie film. Since then, however, advances in technology have provided movie theaters with additional ways to display captions. Movie theaters may use a DTS-CSS projector (which can be turned on/off like captions on television) to display captions on the movie screen. Movie theaters may also display captions using the Rear Window Caption system. The NAD urged the court to rule that the newer forms of captioning provide movie theaters with additional ways to display captions that may be required to make movies accessible to individuals who are deaf or hard of hearing.
Several organizations joined the NAD on its brief urging the United States Court of Appeals to reverse the federal district court judge and rule that captioning is required in movie theaters.