The following updates are available for the week of April 28, 2008:
On April 9, ACB staff attended a press conference which was hosted by NFB to announce the introduction of H.R. 5734, The Pedestrian Safety Enhancement Act of 2008. This legislation is being sponsored by Reps. Edolfus "Ed" Towns (D-N.Y.) and Cliff Stearns (R-Fla.). Anyone who attended ACB's legislative seminar in February will recognize many of the provisions of this bill, since they are virtually identical to ours. The bill directs the Secretary of Transportation to conduct a study beginning within 90 days of enactment of this act, and to complete it within two years of its commencement, at which time, the secretary shall report the study's findings to Congress. Within 90 days after the conclusion of the study, the secretary is then directed to promulgate a standard that will take into account the results of the study, and will set forth the minimum information that must be provided by motor vehicles required for blind and other pedestrians to travel safely and independently in urban, rural, and residential environments. The bill provides that the standard shall apply to all "new motor vehicles."
It also provides for consideration of any technological solutions that convey "the greatest amount of information regarding location of all vehicles, speed and direction of travel, and the ability to continuously track the movement of each vehicle." However, consideration is also to be given to which approach assures the "least reliance" by blind and other pedestrians upon technology they must possess when traveling. It is our view that pedestrians should be free to travel without having to possess, or rely upon, any additional devices.
In spite of this latter provision, we are pleased to see that NFB's latest proposal mirrors ours. It is gratifying to see that they now understand the efficacy of having a national standard that will protect the safety of blind people all across the country, rather than making the auto industry comply with a myriad of individual state standards.
ACB continues to be in close consultation with Rep. Don Young (R-Alaska) and his staff who have been championing our legislation to find a way to maximize public awareness of this critical issue. We will continue to work with legislators to move this issue forward.
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The Subcommittee on the Legislative Branch in the Senate Appropriations Committee will be holding a budget hearing next Thursday. NLS Digital Talking Book Program funding will be discussed. ACB is urging both appropriations committees to fully fund this program so that it can be completed in the four years that was originally agreed upon. Below are the details on location and time.
Date: April 30
Time: 3:30 p.m.
Location: Dirksen 138
I encourage any and all ACB members in the D.C. area to attend this hearing as it is important for the members of the subcommittee to understand the importance of this program to our community.
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Judge Rules Social Security Administration Must Accommodate Blind Beneficiaries
San Francisco, Calif., April 24, 2008 -- On Wednesday, April 23, 2008, Judge William Alsup of the U.S. District Court for the Northern District of California ruled that the U.S. Social Security Administration (SSA) must accommodate the real and legitimate needs of people with visual impairments who receive benefits from SSA. The agency is required under the Rehabilitation Act and the due process clause, the ruling states, to provide communications in formats that are accessible to these beneficiaries. Judge Alsup's ruling cites a concern about "the possibility that the agency [SSA] channeled the discrimination claims of plaintiffs into a black hole from which there is no escape."
The ruling came after SSA sought to dismiss a class action filed in federal court in 2005 by the American Council of the Blind and a group of individuals who are blind or have visual impairments filed a class action lawsuit against SSA, alleging that the agency fails to provide the most basic accommodations to its blind and visually impaired applicants and beneficiaries. To this day, the SSA communicates with blind and visually impaired applicants and beneficiaries in standard 12-point font print that they cannot read, and is unwilling to provide meaningful communication in alternative formats such as Braille, audio, large font or electronic text. "In the 21st century there is no reasonable explanation or excuse for the SSA to continue to ignore the needs and rights of the blind population, and we are committed to bringing about the necessary changes," explained Wondie Russell of Heller Ehrman LLP, an attorney for plaintiffs. "This decision has now set us on the path to securing reasonable accommodations."
Plaintiff attorneys argued successfully that the agency is subject to the jurisdiction of Section 504 of the Rehabilitation Act of 1973, which bars discrimination on the basis of disability in federal programs, including removing communication barriers by providing "auxiliary aids" that allow persons with disabilities an equal opportunity to participate. "The callousness of SSA's adamant insistence that sending notices that our clients cannot read was not lost on the judge," said Arlene Mayerson, Directing Attorney for Disability Rights Education and Defense Fund (DREDF), and an attorney for plaintiffs. "It is amazing that something that is clear to anyone, that sending a standard print notice to a blind individual denies due process, would end up in federal court."
Mitch Pomerantz, American Council of the Blind President, stated: "It is long past time that the Social Security Administration - which assists tens of thousands of blind and visually impaired persons - is held to account for its stubborn unwillingness to adhere to a statute that is 35 years old. There is no excuse in this day and age of easy access to printers with the capability for producing large type, and braille printers, for SSA to violate the Rehabilitation Act, and I applaud this ruling."
Plaintiffs in the lawsuit have gone without benefits as a result of SSA's failure to give them effective notice of its actions. "Imagine receiving a phone call from the bank that your checks are bouncing and fees are mounting," suggests American Council of the Blind Executive Director Melanie Brunson.
Attorneys for the plaintiffs include the Disability Rights Education and Defense Fund, Heller Ehrman LLP, the Oregon Advocacy Center, and the National Senior Citizens Law Center.
(Press release courtesy of the Disability Rights Education and Defense Fund.)
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The nation's three major consumer credit reporting companies today unveiled a comprehensive program to provide improved access to important credit information for people who are blind or visually impaired. The initiative, crafted with the American Council of the Blind, its California affiliate and several individual members of the blindness community, will help protect the credit information of individuals who cannot read a standard print credit report.
Under the plan announced today, Equifax (NYSE: EFX), Experian (EXPN.LN), and TransUnion have begun working to make online credit reports and related information accessible through their jointly operated web site, AnnualCreditReport.com, the official site to help consumers obtain free credit reports. Accessible credit reports for people with visual impairments will be available online by October 31 of this year. By the end of the year, the companies will also make credit reports available in braille and other formats at no charge to qualified individuals who cannot access print information.
Today's initiative includes a commitment to design online credit reports and related web pages in accordance with guidelines issued by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C) (www.w3.org/wai). The guidelines, which do not affect the content or look and feel of a web site, ensure that web sites are accessible to people with visual disabilities. The guidelines are of particular benefit to blind computer users who use screen reader or magnification technology on their computers and who rely on a keyboard instead of a mouse.
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On April 22, Rep. Don Young (R-Alaska) joined with the American Council of the Blind (ACB) in demonstrating his continued commitment to the safety of blind pedestrians by signing on as a co-sponsor to H.R. 5734, The Pedestrian Safety Enhancement Act of 2008.
"The auto industry has made amazing technological strides over the past decade that have allowed our automobiles to be more energy efficient and to burn cleaner," Young said. "This is to be commended, but, as with most advancements in technology, it has given us a newer and different set of issues to look at. Unfortunately, one of the side effects of these newer hybrid cars is that the noise level produced has been greatly reduced, leading to safety issues for those who are visually impaired. The safety of people is something I take very seriously, and for that reason I am proud to be a co-sponsor of H.R. 5734, the Pedestrian Safety Enhancement Act. I am encouraged that Congress is looking into this issue and that we are looking to do something about this as soon as possible. Let's continue to use our technology for good and use it to keep people safe."
This legislation is being sponsored by Reps. Edolfus "Ed" Towns (D-N.Y.) and Cliff Stearns (R-Fla.).
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Many of you know that ACB is a founding member of the Coalition of Organizations for Accessible Technology (COAT) and is a leading participant. I am very pleased to announce that the House Subcommittee on Telecommunications and the Internet will be holding hearings on draft legislation enhancing Access to Broadband Technology and Services for Persons with Disabilities.
This hearing is taking place in large part due to the Twenty-first Century Communications and Video Accessibility Act discussion draft that was released on December 21 of last year. Your efforts in educating members of Congress regarding this draft legislation has generated a high level of interest by members and has helped to bring this issue in front of a Congressional panel.
The date, time, and location are below. Those members who live in the D.C. area are urged to attend what is sure to be an entertaining hearing.
Date: May 1, 2008
Time: 9:30 a.m.
Location: 2123 Rayburn House Office Building
A witness list has not yet been made public. Please be aware that ACB has actively worked to have the blindness community represented in the witness panel.