We are expressing our opinion based on our personal experience with FilmFreeway*

Help disabled Filmmakers & service dogs! Can you Help Us? We have tried everything.

See our Video: https://youtu.be/YJAn28CQHxc?si=UHq3CV0-M4wQk_ei

We are accessible free to anyone with a library card through Hoopla BingPass.

https://www.hoopladigital.com/bingepass/filmocracy-bingepass-various-artists/16477700?fbclid=IwAR1Nv91ET6uumX3BYSoa-18kbW2rmYGKqbbexx3KWsdjQUUFNO2n9_Zxc3o

FilmFreeway charges us the same fee as physical film festivals but we do not get access to the same product.

 

UPDATE :Arbitration LETTER WE SENT JAN 16,2024 TO FILM FREEWAY

Steven Long
128 Delight Ter Royal. Arkansas 
 steven@globalfilmexhibition.com 

Jan. 16, 2024

FilmFreeway 10091 Park Run Drive, Suite 130

 Las Vegas, NV 89145

Dear FilmFreeway, I am writing to you as the Director of the Global Film Exhibition, a virtual film festival platform that has been listed on FilmFreeway for nearly two years. Our platform is dedicated to offering an inclusive and accessible space for filmmakers, especially those with disabilities. It has come to our attention that FilmFreeway's current policy and practices regarding the listing of virtual film festivals are discriminatory and inconsistent with the principles of inclusivity and equality.

Our Festival is an IMDb qualifying event hosted on Filmocracy (Which is not part of this action) a secure platform with full DRM Protection. (For a Video that shows how our festival works see https://youtu.be/JEyxJXqiOMMn.com http//www.globalfilmexhibition.com

I am just a disabled veteran who suffers from PTSD, Seizure Disorder, Parkinsonism, Agoraphobia, Bipolar, and Mobility issues which prevent me from participating in most physical film festivals due to health.  We have views all over the world and have all the things that a physical film festival has but, virtually.

 We have virtual meetups for filmmakers, classes for industry professionals (Filmmakers Academy) guest speakers, a chance to meet with distributors, and winners are even eligible for an Oscar-qualified screening in LA.

 Specifically, we have been listed as a non-public entity and denied access to marketing tools available to physical festivals and listing in the public directory of searchable film festivals. Severely limiting our reach and visibility. This practice not only undermines the spirit of inclusivity but also appears to violate the Americans with Disabilities Act (ADA) and similar laws in other jurisdictions where FilmFreeway operates.

Moreover, we have observed that some virtual film festivals continue to be listed publicly in FilmFreeway’s directory. This selective inclusion is not only unfair but also potentially illegal under various anti-discrimination laws.

 Our requests for policy change and dialogue have been met with denial and eventual delisting, which we perceive as retaliation for raising legitimate concerns under the ADA. Per the terms of service outlined on FilmFreeway’s website, specifically Section 20.3 regarding arbitration, we hereby formally demand arbitration to resolve this matter. The arbitration should be conducted per the commercial arbitration rules of an arbitration service in Nevada, as stipulated in your terms of service. 

 We believe this is a critical issue that affects not only our festival but also the broader community of filmmakers, particularly those with disabilities. Our festival, like many others, serves as a vital platform for voices that might otherwise go unheard. Denying virtual festivals equal access to FilmFreeway’s services is not only a disservice to these communities but potentially a violation of their legal rights.

Discriminating against our virtual film festival is not only unfair but it is also not in line with Federal law. It's like going to a dinner I get served a peanut butter sandwich and at a physical film festival get s 4-course meal. When we get the bill we are charged the same as if we ate a steak dinner. Is that fair?

  Title III prohibits discrimination against people with disabilities by businesses open to the public (also referred to as “public accommodations” under the ADA). The ADA requires that businesses open to the public provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to people with disabilities. Businesses open to the public must take steps to provide appropriate communication aids and services (often called “auxiliary aids and services”) where necessary to make sure they effectively communicate with individuals with disabilities.
For these reasons, the Department of Justice Civil Division which is over ADA complaint enforcement has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

This is a matter of universal access and equality. Imagine the outcry if festivals focusing on specific communities, like Black or LGBTQ+ festivals, were listed as non-public. We urge FilmFreeway to reconsider its stance and policies regarding virtual film festivals. We must work together to ensure a level playing field where all festivals, regardless of format, are given equal opportunity to thrive and contribute to the rich tapestry of global cinema. We look forward to a prompt and constructive response to this matter. 

 

Please feel free to contact me at steven@globalfilmexhibition.com to discuss this further. 

 I am just a disabled veteran who suffers from PTSD, Seizure Disorder, Parkinsonism, Agoraphobia, Bipolar, and Mobility issues which prevent me from participating in most physical film festivals due to health. Our Virtual Film Festival has all the same things as a physical one but virtual and it complies with all of FilmFreeways requirements although virtual to make it accessible to those with physical and mental disabilities. 
 

Sincerely, 

Steve Long 
Director 
Global Film Exhibition 
https://globalfilmexhibition.com/

Behind The Frames Blog 
https://globalfilmexhibition.com/behind-the-frames-blog

Follow Us on Social Media 
https://linktr.ee/globalfilmexhibition
 
 We will be on Hoopla Binge Pass this year making our festival accessible to millions of library guests.

The following are just some of the virtual festivals(Not all disability focused) listed in their public directory with just a quick search. 
https://filmfreeway.com/shortoftheweek
https://filmfreeway.com/ARFFParis
https://filmfreeway.com/DisabilityFilmChallenge
https://filmfreeway.com/TogetherDisabilityFilmFestival
https://filmfreeway.com/BestShortsCompetition
https://filmfreeway.com/Festigious
https://filmfreeway.com/TS

It is illegal for them to cherry-pick the inclusion of some virtual festivals and not all. They claim that some virtual festivals were "grandfathered in"  It is against the ADA there is no "Grandfathering" of some and not including all!

Another quick search found Festivals in their first year included in FilmFreeways public directory.

https://filmfreeway.com/EQADEqualityandDiversityFilmFestival
https://filmfreeway.com/BirminghamInternationalDanceFestival

FilmFreeway must comply with all laws in the areas and countries it serves. They list over 10,000 film festivals worldwide. How many festivals are hidden that the disabled can access?

When we sent a letter requesting that they change their policies and escalate to leadership that request was denied and they sent a response (Unsigned Email) here are those responses:

Previous Responses from FilmFreeway Prior to Jan 16,2024 

1.FilmFreeway Admin <festivalsupport@filmfreeway.com>
​​This listing is not approved for a public listing at this time.

2. We will not be serving your events and have unpublished this listing, per our Terms of Service. This decision is final.
FilmFreeway Team

festivalsupport@filmfreeway.com
3. <festivalsupport@filmfreeway.com>
​You are talking to a manager. We are not interested in working with your festival, and it has nothing to do with inclusivity. Read our terms of service. Goodbye.
FilmFreeway Team

When we sent an email pointing out their violation of the ADA and requested change they delisted our film festival and said that they did not want to work with us any longer. They said that this decision was final. This is retaliation against us for filing our grievance (Which is our right under the ADA)Retaliation for filing a complaint for ADA violation is also illegal see:

In FilmFreeways terms see https://filmfreeway.com/page/terms-of-service
 it says that you have the right to Arbitration. When we asked about this option they did not answer.

20.3 Arbitration.
"Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of an arbitration service in Nevada. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nevada and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and FilmFreeway agree to submit to the personal jurisdiction of the courts located within the city of Las Vegas, Nevada. Either you or FilmFreeway may seek any interim or preliminary relief from a court of competent jurisdiction in Las Vegas, Nevada, necessary to protect the rights or property of you or FilmFreeway (or its agents, suppliers, and subcontractors) pending the completion of arbitration"

Other Matters of Law:
Title III prohibits discrimination against people with disabilities by businesses open to the public (also referred to as “public accommodations” under the ADA). The ADA requires that businesses open to the public provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to people with disabilities. Businesses open to the public must take steps to provide appropriate communication aids and services (often called “auxiliary aids and services”) where necessary to make sure they effectively communicate with individuals with disabilities.

For these reasons, the Department of Justice Civil Division which is over ADA complaint enforcement has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

Olmstead v. L.C., 527 U.S. 581 (1999): This landmark decision affirmed the rights of people with disabilities under the ADA. The Supreme Court held that the unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the ADA. This case emphasizes the right of people with disabilities to live in the community rather than in institutions if appropriate medical professionals have determined that community-based care is appropriate, the transfer is not opposed by the affected individual, and the accommodation can be reasonably accommodated, taking into account the resources available to the state and the needs of others with disabilities.

Spector v. Norwegian Cruise Line Ltd. (2005) Douglas Spector booked a premium trip on a cruise, paying extra for wheelchair accommodations, and found himself marooned from many of the ship’s amenities. He could not access restaurants and pools. Shore excursions were off limits and none of the ship’s public restrooms were wheelchair accessible. The crew did not help him with an evacuation plan in case of emergency. Spector and two other disabled travelers decided to band together and sue the company under Title III of the ADA. The cruise operator argued that the ADA did not apply because their ships sail under the Bahamian flag. Ultimately, the Supreme Court ruled that there are ADA protections for disabled travelers on ships in U.S. waters but they are limited in scope. Cruise operators cannot charge extra for accommodations. Readily achievable fixes should be made to help those with mobility issues. Companies are not, however, obligated to overhaul older ships in compliance with the ADA. That could potentially interfere with the internal management or affairs of a foreign-flagged ship, which is governed by the laws of another country.

Tennessee v. Lane, 541 U.S. 509 (2004): In this case, the Supreme Court held that Title II of the ADA, which guarantees that individuals with disabilities have equal access to public services, was a valid exercise of Congressional power under the Fourteenth Amendment. This case specifically addressed the right of individuals with disabilities to have access to courts and emphasized the obligation of public entities to ensure accessibility.

PGA Tour, Inc. v. Martin, 532 U.S. 661 (2001): The Court ruled that the ADA applies to professional golf tours and that a disabled golfer could use a golf cart between shots at PGA Tour events. This case broadened the understanding of ADA accommodations to include professional sports and highlighted the requirement for reasonable accommodations.

Similarly, in Canada, the Supreme Court's ruling in Council of Canadians with Disabilities v. VIA Rail Canada Inc., [2007] 1 S.C.R. 650, emphasized the importance of accessibility in public services.

In the United Kingdom, the Equality Act 2010 serves as a comprehensive framework to protect people with disabilities against discrimination, reinforced by the Supreme Court’s judgment in Paulley v FirstGroup Plc [2017] UKSC 4.

Australia’s Disability Discrimination Act 1992 (Cth) is also a critical legislation, upheld by decisions such as in Purvis v New South Wales (Department of Education and Training) [2003] HCA 62.

In Germany, a significant Supreme Court case concerning the rights of people with disabilities is a December 2021 ruling by the Federal Constitutional Court. This case focused on protecting people with disabilities against discrimination during medical triage decisions, particularly in the context of the Covid-19 pandemic. The court ordered lawmakers to introduce stronger measures based on the constitutional right to non-discrimination, considering disability rights training for medical staff and the creation of stronger procedures to identify disabilities​

In Brazil, a significant case related to the rights of people with disabilities was presented to the Supreme Federal Court. The case, known as Action 6590, challenged Decree 10.502, which established a national policy on special education. The decree was argued to be inconsistent with Brazil’s commitments under the Convention on the Rights of Persons with Disabilities (CRPD), and it was alleged that it did not comply with the rights of people with disabilities to quality, inclusive education in mainstream school systems without discrimination. This case highlights the ongoing legal efforts in Brazil to ensure the rights of people with disabilities, especially in the context of education.

The European Union has implemented several laws and directives to advocate for the rights and inclusion of people with disabilities.
These include:

The European Accessibility Act (EAA): This act aims to improve the functioning of the internal market for accessible products and services by removing barriers created by divergent legislation.

The Web Accessibility Directive: This directive requires EU member states to ensure that websites and mobile apps of public sector bodies are accessible to persons with disabilities.

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): The EU ratified this international treaty, committing to protect and enhance the rights of persons with disabilities.

Moreover, FilmFreeway’s refusal to allow virtual film festivals access to their marketing tools, a privilege extended to physical film festivals, further exacerbates this issue. This discriminatory practice not only hampers our ability to effectively reach our audience but also goes against the principles of equal treatment as mandated by law.

To address this, we have already filed complaints with various organizations, including state Attorney Generals, local Disability Rights Organizations, and the ADA through the Department of Justice Civil Rights Division.

Our proactive steps in seeking justice and equality have been met with positive responses from these organizations, acknowledging the validity of our concerns. This concerted effort is a testament to our commitment to ensuring fairness and inclusivity in the film festival circuit.

Additionally, I encourage you to explore legal precedents and cases in your respective countries that support the rights of individuals with disabilities, as there might be other significant rulings relevant to our cause. Also, send to other Film festivals and ask for their support, reach out to your media contacts, share on social media, and share with celebrities. share with the filmmaker community, share with Veterans, share with the disabled community, and share with your lawmakers. Sign and share our petition 
Share our Video https://youtu.be/YJAn28CQHxc?si=0CgF8qKVmBUMMABu

Email FilmFreeway cite the above cases and demand that they be inclusive for all and that we have a level playing field and access just like physical film festivals support@filmfreeway.com

Send a letter of complaint to the CEO Andrew Lapica FilmFreeway 10091 Park Run Drive, Suite 130 Las Vegas, NV 89145

Your festival’s focus need not be exclusively on disabilities. This is a matter of universal access and equality. Imagine the outcry if festivals focusing on specific communities, like Black or LGBTQ+ festivals, were listed as non-public. Such discrimination is intolerable, and the ADA, enforced by the Department of Justice Civil Rights Division, protects all such groups.

In unity, there is strength. Let us come together to ensure that no festival, no filmmaker, is hidden away due to their disability. It is not just a matter of law; it is a matter of fundamental human rights and dignity.

Sincerely,
Steven Long
Director Of Global Film Exhibition
http://globalfilmexhibition.com
steven@globalfilmexhibition.com

P.S. I am not a Lawyer and this advice does not constitute legal advice. Check with a lawyer or government agency in your area. I am just a disabled veteran who suffers from PTSD, Seizure Disorder, Parkinsonism, Agoraphobia, Bipolar, and Mobility issues which prevent me from participating in most physical film festivals due to health.