A hearing impaired individual named Stoutenborough from Cleveland claimed the National Football League’s “blackout rule” violated several federal laws as it applied to people have hearing impairments. Under the “blackout rule,” when a Cleveland Browns game isn’t sold out seventy-two hours before game time, live local broadcast of home games is prohibited. Mr. Stoutenborough pointed out that people who hear can listen to the game on the radio, but he couldn’t. Mr. Stoutenborough argued that the “blackout rule” violated the American with Disabilities Act because he had no other way to access the football game, so he was not treated equally with people who could hear the game on the radio.

The Federal District Court for the Northern District of Ohio heard the case. In the end, they decided that the “blackout rule” affected everyone equally: No one can see or hear a “blacked out” game when the rule is in effect. The problem Mr. Stoutenborough experiences comes up because he can’t hear the radio, not the television, and the “blackout rule” applies to television broadcasts.

The US Court of Appeals for the Sixth Circuit reviewed the case and affirmed the decision of the Court below. Both Courts offered a hopeful note that radio technology is improving and devices which make radio transmission available to persons with hearing impairments will be available soon. Both Courts, perhaps football fans themselves, seemed to understand Mr. Stoutenborough’s problem and to have genuine sympathy for Mr. Stoutenborough’s inability to catch the game “live” by some means, but they correctly applied the law, as they should.

If Mr. Stoutenborough had been successful in his cause, a bi-product of the case would probably have meant no more “blackouts” for anyone, whether hearing or hearing impaired. Although Mr. Stoutenborough was undoubtedly sincere in urging the cause on behalf of the hearing impaired, if he had been successful, he would have been a hero to hearing television football fans throughout the United States as well.