no. 07-00-571/2022-02 date: 25.8.2023.

OPINION

The opinion was issued in the proceedings regarding the complaint of AA filed against BB, the cinema in VV Street. The complaint stated that the wheelchair user had a couple of unsuccessful attempts to go to the cinema BB, but she could not watch movies, that is, enter the theatre. The statement specified that BB has been operating since 1999, and since then until now, they have had no complaints from people with disabilities, and that they have always met their needs unless the theater where the movie was playing was full and all the seats were occupied. As specified in the statement, it is not necessary to sit in front of the first row in the theatres if that is not the wish of the person with disabilities. The spaces between the rows are wide enough so that a wheelchair can fit, and a companion can sit in the first place next to them. Cinema screens are large, from wall to wall, so there is no difference between watching a movie from the beginning or the middle of the row. According to further allegations in the statement, persons with disabilities can express their wishes regarding which row they will watch the movie from. In the theaters, dismantling of the seats is also possible, so if those seats were not previously sold, that possibility also exists, although so far, no one has asked for it. It is not known to BB that anyone had a complaint, nor that anyone approached the employees about the problem because, for such things, they immediately turn to the manager of the cinema, who immediately solves the problem. According to BB, people with disabilities watch movies in this cinema without paying a ticket, and the cinema’s management cooperates with organizations representing these people and organizes free screenings. No evidence was submitted with the statement. Bearing in mind the contradictions of the allegations, to establish the factual situation correctly and completely, the Commissioner, following the law, addressed the City of Belgrade, the Secretariat for Inspection, Supervision, and Communication, and the City Administration of the City of Belgrade, requesting information on whether BB is accessible. As this Secretariat declared itself incompetent, the Commissioner turned to the City Municipality GG, Department for Inspection Affairs. As this Department informed the Commissioner that the Commissioner’s letter was forwarded to the City Administration of the City of Belgrade, the Secretariat for Inspection, Supervision, and Communication, the Sector for Construction and Urban Inspection Supervision for jurisdiction and action, two employees of the Professional Service of the Commissioner went to BB, to gain immediate insight. On that occasion, when trying to enter BB, it was noticed that people using wheelchairs could not enter the cinema building since there is a staircase at the entrance, and no ramp is provided. From the discussion with the employees, it was concluded that this is the only entrance to BB, that the toilet is located on the lower floor but that the building does not have an elevator, and that it was not initially designed for a cinema but was subsequently adapted for that purpose. In the case of the arrival of a person who uses a wheelchair for movement, their transportation to the cinema theatre was organized. Bearing in mind that BB is not accessible, by applying the rule on shifting the burden of proof from Article 45 of the Law on Prohibition of Discrimination, the Commissioner issued the opinion that the provisions of Articles 6, 17, and 26 of the Law on Prohibition of Discrimination were violated, in connection with the provisions of Article 13 and 16 of the Law on Prevention of Discrimination of Persons with Disabilities. BB was recommended to take measures to ensure the facility’s accessibility, such as installing a ramp so that people with disabilities who use wheelchairs can follow the contents offered by BB on equal footing.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković