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SUIT: ‘MILLIONAIRE’ DEAF TO DISABLED

A hearing-impaired schoolteacher is suing TV’s “Who Wants to Be a Millionaire,” claiming the hit quiz show has turned a deaf ear on his plea to compete.

Peter F. Liberti Jr., 30, filed a lawsuit this week in Buffalo federal court, alleging that “Millionaire” producers are in violation of the Americans with Disabilities Act because they won’t provide an alternative to the telephone so he can participate in qualifying rounds of the ABC show.

“As a person with a disability, he’s being denied the opportunity to have equal access to try to get on the program,” said Liberti’s lawyer, Bruce A. Goldstein.

To qualify for the show, potential contestants dial a toll-free number to answer three questions as fast as they can. A second round is also conducted over the phone, featuring five questions.

Liberti, who speaks and reads lips, can’t use the telephone without a special communication device on both ends of the line.

“He considers himself a pretty knowledgeable person,” said Goldstein.

“He likes watching the show. He has done quite well answering questions at home. He feels he would have as good a chance as anyone, given the opportunity.”

Since last August, Liberti has sent two letters and one e-mail to ABC and Valleycrest Productions, asking: “As an intelligent but hard-of-hearing person who is unable to use the telephone, how can I participate in the show?”

“We read your letter with interest and we are unable to offer you what you are looking for,” said a Nov. 23 response from ABC’s audience-information department.

Liberti’s lawyer said his client would have no problem reading host Regis Philbin’s lips or answering the show’s progressively tricky questions.

ABC spokeswoman Pat Preblick wouldn’t comment on the suit other than to give this prepared statement: “We’re always looking for ways to improve our show and the qualification process, and we value our viewers’ input.

“In several instances, we have made appropriate accommodations for a number of disabled contestants who have appeared on the show, and will continue to do so.”

Liberti is not the first disabled person to sue the game show.

A Miami class-action suit, which has not yet gone to trial, charges that the show’s screening system bars people with hearing, sight and movement disabilities from the show’s Hot Seat.

“Everyone dreams the American dream,” said Michael F. Lanham, the lawyer in the case. “One of those dreams is being a millionaire. People with disabilities are being excluded from the dream that the show sells.”

“Millionaire” also has been criticized for its lack of black, Latino and female contestants.