This is a follow-up from the hearing earlier this month. During the Congressional hearing on May 1, Sergeant Major Jesse Acosta recounted a very unfortunate experience he had at a Sprint store soon after he had lost his vision.
After he asked a store employee if they knew of any accessible cell phones for people who are blind, he was given a phone with a nub on the number five. The employee explained that this phone was accessible because with the nub, Jesse would be able to independently identify where the numbers 4, 2, 6, and 8 were located. Obviously this didn't meet his needs, and he left.
At the conclusion of the hearing, Rep. Ed Markey (D-MA) suggested to the representative of the cell phone industry who had testified that it might be a good idea for Sprint to get Jesse an accessible phone. Naturally, the representative from the cell phone industry agreed. I am happy to report that Jesse was given a much more accessible cell phone to use. A Sprint representative personally trained him to use the LG Muziq phone.
Late last week, a representative from Sprint's headquarters flew to Washington to meet with us regarding this very phone. Sprint has become keenly aware that its image in the blindness community is quite poor. This phone, while not ideal, is far better than the rest of its previous offerings. Ironically, Sprint has not publicized the accessibility features on this phone to ACB or anyone else in the blindness community. The Sprint representative has asked ACB to review www.sprint.com for accessibility purposes and has started informal talks to have those user manuals that are available on their website be made available in alternate formats.
It is our understanding that there will be more accessible cellular offerings in the next 9 to 12 months.
On April 30, the Appropriations Subcommittee on the Legislative Branch held a hearing regarding the Library of Congress' budget for 2009. The subject of the NLS Digital Talking Book Program was raised by the chair of the subcommittee, Sen. Mary Landrieu (D-La.). She said that funding this program appropriately was one of her priorities.
The requested funding level for the program is $12.5 million. The Library of Congress said that it is prepared to complete the program in six years without too much restriction in service. This is simply not good enough.
When this program was started, the agreement was that it would be completed in four years at annual funding levels of $19.1 million. Please call the members of the subcommittee, listed below. Let them know that this program is very important to us, and that having access to information restricted in any small way is not acceptable.
Call the Capitol switchboard at: 202-224-3121
Democratic Subcommittee Members:
Republican Subcommittee Members:
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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Dear ACB members and friends,
I am very pleased to share with you the following statements from a letter which Eric Bridges received on Friday.
Federal Communications Commission
Washington, D.C. 20554
Dear Mr. Bridges:
I am pleased to invite you, as a representative of the American Council of the Blind, to serve on the FCC's Consumer Advisory Committee (CAC) for a term beginning immediately, and ending November 17, 2008, or until the Committee terminates, whichever is earlier.
As the American Council of the Blind's representative, you will be a voting member of the Committee, helping us to ensure that all Americans have access to modern communications services. The digital television transition, which, by law, must be completed by February 17, 2009, will be a principal focus area for the Committee. We look forward to the valuable insights the Committee, through its work, will provide to further the Commission's goal of ensuring that all consumers are aware of the transition and understand what specific steps, if any, they must take to continue watching television after the transition is complete. You are reminded that service on the CAC involves a commitment to attend three (3) one-day meetings per year in Washington, D.C. and a further commitment to work on at least one (1) working group or subcommittee.
The Commission is committed to serving the interests of consumers by actively soliciting their input in the regulatory process and vigilantly assessing the impact of our decisions on the consumer community. ... I hope you will find it possible to accept this invitation and give us the benefit of your valued counsel. Thank you for your willingness to assist the Commission with this important endeavor.
Sincerely, Kevin J. J. Martin
Eric has been lobbying the FCC members and staff since last summer's ACB convention to get a person representing the visually impaired community appointed to this Consumer Advisory Committee. I am very proud of the work he has done and extremely gratified to see that the Chairman of the FCC not only recognized the strength of Eric's case, but concluded that Eric himself should fill that role. Please join me in congratulating Eric on his appointment. It represents a great opportunity for him, and for ACB.