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2019 Resolutions

Table of Contents

 

/Summary of 2019 Resolutions

The following are brief summaries of the resolutions adopted by the ACB membership at the 2019conference and convention held at the Joseph A. Floreano Riverside Convention Center in Rochester, N.Y. in July. Three resolutions were referred to ACB committees; one was withdrawn. They are not included in this compilation. Please note that these summary statements are not the authoritative voice of the ACB membership; they are simply intended to capture the overall scope and intent of the membership as authoritatively embodied in the full text of each of the resolutions. You can find the full text of resolutions at www.acb.org.

Resolution 2019-01 directs ACB to work through administrative, regulatory, and if necessary legislative, channels to raise the Medicare reimbursement rate for prosthetic eyes to at least 80% of actual cost.

Resolution 2019-02 directs ACB to request that Trader Joe’s change its practice to enable people with print disabilities using bar code scanners to access product information.

Resolution 2019-03 instructs ACB to urge Congress to take immediate legislative action to ensure that AbilityOne nonprofit agencies can retain current contracts for products and services with the U.S. Department of Veterans Affairs, and thereby continue to provide meaningful careers for approximately 800 Americans who are blind or visually impaired, including blinded veterans.

Resolution 2019-04 directs ACB to urge the FCC to approve the NBC-Universal two-year petition for a limited waiver of audio description requirements for USA Network only. 

Resolution 2019-05 directs ACB to join with ACVREP, the Association for Education and Rehabilitation of the Blind and Visually Impaired and VisionServe Alliance to actively encourage the use of such designations as Certified Orientation and Mobility Specialist, Certified Vision Rehabilitation Therapist, Certified Assistive Technology Instructional Specialist, and Certified Low Vision Therapist in all communications about the nationally certified professionals in the field of vision habilitation and rehabilitation with the general public, policy and decision-makers, and elected officials. 

Resolution 2019-06 instructs ACB staff, in consultation with the Environmental Access Committee, to begin the process of requesting amendments to the MUTCD by submitting a written statement to the NCUTCD urging that the next edition of the manual include a mandate for the installation of accessible pedestrian signals (APS) at sites whenever and wherever a pedestrian traffic signal uses leading pedestrian interval signalization. Also directs staff to urge the U.S. Access Board to revise its proposed Public Right-of-Way Accessibility Guidelines to require the installation of APS whenever and wherever pedestrian traffic signals are in use, through an ADA Transition Plan, giving priority to intersections using LPI signalization.

Resolution 2019-07 reiterates ACB’s commitment to work for the enactment of legislation, seek potential changes in regulations and, if necessary, look for relief through the courts to assure that people who are blind or have low vision have access to appropriate, accessible and usable diabetic devices.

Resolution 2019-08 condemns the inevitable under-count of people with disabilities that will result from the 2020 census, and directs ACB to demand that priority be given to developing a tenable and credible approach to gathering data that will accurately and effectively count the number of people with disabilities in the 2030 census.

Resolution 2019-09 expresses ACB’s support for the responsible, unrestricted use of personal recording devices in medical settings by people with disabilities.

Resolution 2019-10 directs ACB to insist that RSA apply the entertainment expense restriction in the same manner to both the Blast and Sagebrush conferences, as well as to insist that registration fees include all networking sessions. Also directs that RSA be encouraged to develop a statement that will clearly enunciate this policy so that the potential for unequal treatment in the future will be eliminated. 

Resolution 2019-11 tells ACB to urge all companies seeking approval for experimental use of autonomous vehicles to demonstrate meaningful inclusion of and responsiveness to the disability community, especially ACB and other leading organizational and individual expert perspectives on blindness and low vision, to ensure the full accessibility and usability of AVs, and directs ACB to demand that no experimental use permits or permanent approvals be granted for AV use in the absence of consumer-informed and well-delineated protocols ensuring the accessibility and usability of AVs on terms of full equality for people who are blind or who have low vision.

Resolution 2019-12 directs ACB to recognize that there is considerable value in projects such as the Aira/MBTA pilot project, demonstrating that technologies such as Aira have the potential to significantly increase the confidence and competence of travelers who are blind or have low vision in unfamiliar environments, and that ACB expects other transit systems to implement similar projects.

Resolution 2019-13 communicates ACB’s strong opposition to RSA’s existing policy in an effort to expand the definition of competitive integrated employment to encompass the placement of consumers in NIB-sponsored facilities, particularly those located in venues employing significant numbers of non-disabled individuals.

Resolution 2019-14 directs ACB to call upon the U.S. Department of Transportation, the Federal Transit Administration, the Federal Highway Administration, and any other federal agencies that provide funding to the transit industry, to require accessibility for people with disabilities, including people who are blind or have low vision, as a condition of funding. Also directs ACB’s staff, board, and officers to work with the transportation committee, the environmental access committee, and any other appropriate stakeholders, to embark on a national effort to communicate with ACB members and other people who are blind or have low vision on their uses of transportation, on the challenges they face when using transportation, on their unmet transportation needs, and on their ideas for making transportation more effective within their communities, and to convene a National Transportation Symposium to be held in conjunction with the 2020 national convention.

Resolution 2019-15 directs ACB to urge its affiliates and chapters to seek adoption of state laws or local ordinances and/or regulatory requirements that address the problems posed by such shared mobility devices as scooters, bikes, motorbikes and mopeds. Also directs the Environmental Access Committee to work with the Transportation Committee in developing model ordinances which can be shared with state and local affiliates and chapters.

Resolution 2019-16 instructs ACB’s officers, directors and staff to renew their commitment to the development and delivery of all appropriate non-vocational rehabilitative services for people who are blind or visually impaired of all ages, and to work at all levels to reform existing services, advocate for new ones, join in all appropriate efforts to increase funding for the older blind program, and to work with other allied organizations to recruit, prepare and promote nationally credentialed personnel who are fully qualified to offer effective vocational and non-vocational vision-related rehabilitation services to maximize deinstitutionalization and the true independent living potential of Americans living with vision loss.

Resolution 2019-17 thanks the management and staff of the Rochester Hyatt Regency and Riverside Hotels and the Joseph A. Floreano Convention Center.

Resolution 2019-18 thanks the law enforcement officers and public safety personnel of Rochester, N.Y.

Resolution 2019-19 thanks the host committee and the men and women of the ACB of New York for their hard work.

Resolution 2019-20 thanks the volunteers.

/Medicare Coverage for Prosthetic Eyes

Resolution 2019-01

 

Whereas, many people who are blind or have low vision lose one or both eyes due to illness, injury or surgery; and

Whereas, in these cases it is extremely important to obtain prosthetic eyes, both to help prevent infection in the eye and to retain musculature in the eyelid, as well as for aesthetic reasons; and

Whereas, nationally, Medicare fails to provide appropriate coverage of such prostheses, and where such coverage might happen to be offered, most ocularists refuse to accept Medicare reimbursement; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 10th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization work through administrative, regulatory, and if necessary legislative, channels to raise the Medicare reimbursement rate for prosthetic eyes to at least 80% of actual cost.

Adopted.

Ray Campbell, Secretary

/Bar Codes

Resolution 2019-02

 

Whereas, access to printed information is important in the performance of daily tasks; and

Whereas, for persons who are blind or otherwise print disabled, access to this information is difficult to obtain; and

Whereas, bar codes on food and other items provide access to this information for those with print disabilities through the use of bar code scanners; and

Whereas, Trader Joe’s uses proprietary bar code technology that is unreadable by bar code scanners usable by consumers with print disabilities; and

Whereas, such a policy deprives such people of access to vital health and nutritional information, cooking instructions and other important information; and

Whereas, the lack of necessity for this practice is underscored by the fact that this type of proprietary bar code is not used by other major chains; and

Whereas, Trader Joe’s has shown itself, in other ways, to be extremely proactive in working with people with vision impairments and others;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 10th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization request that Trader Joe’s change its practice to enable people with print disabilities using bar code scanners to access product information.

Adopted.

Ray Campbell, Secretary

/Veterans Affairs Contracts 

Resolution 2019-03 

 

Whereas, a recent federal court ruling erroneously holds that the U.S. Congress has intended for Service-Disabled/Veteran-Owned Small Businesses (SD/VOSBs) to have federal procurement priority over AbilityOne nonprofit agencies employing people who are blind or visually impaired; and

Whereas, consequently, the U.S. Department of Veterans Affairs has issued a so-called Class Deviation Memorandum leading contracting officers to currently recompete current AbilityOne contracts with the VA, putting these contracts at grave risk of being taken away from nonprofit agencies employing people who are blind or visually impaired; and

Whereas, approximately 800 people who are blind or visually impaired are at risk of losing their jobs (including blinded veterans), and thousands more will be at serious risk by the all-too-predictable resulting reduction or elimination of vocational, rehabilitative and related services offered by the affected agencies;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 10th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization urge the U.S. Congress to take immediate legislative action to ensure that AbilityOne nonprofit agencies can retain current contracts for products and services with the U.S. Department of Veterans Affairs, and thereby continue to provide meaningful careers for approximately 800 Americans who are blind or visually impaired, including blinded veterans.

Adopted.

Ray Campbell, Secretary

/Video Description Safe Harbor

Resolution 2019-04

 

Whereas, NBCUniversal submitted a petition to the Federal Communications Commission (FCC) to create a two-year safe harbor from audio description requirements for USA Network and all non-broadcast pay-TV channels (e.g., The History Channel, HGTV, etc.); and

Whereas, NBCUniversal collaborated over the past year with ACB to develop the compromise terms of this petition for USA Network; and

Whereas, while USA Network airs more than 1,500 hours of described content each quarter, due to the preponderance of syndicated content and marathon airings, less than 10% of the audio description shown by USA Network is counted toward the FCC’s existing audio description requirements; and

Whereas, USA Network would need to audio describe more than 1,000 hours of programming each quarter, nearly twelve times the current requirement of 87.5 hours per quarter, and describe more than 75% of original content to satisfy the terms of this petition for limited waiver; and

Whereas, ACB believes this petition for limited waiver recognizes the commitment of USA Network to audio-described content, and has the potential to increase the amount of audio-described content available to viewers of USA Network; and 

Whereas, other non-broadcast pay-TV channels have not collaborated with the disability community to understand the importance of audio description, nor have other non-broadcast pay-TV channels demonstrated the same commitment to producing audio-described content as USA Network;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization urge the FCC to approve the NBCUniversal two-year petition for a limited waiver of audio description requirements for USA Network only; and

Be it further resolved that this organization does not support expanding a safe harbor to all non-broadcast pay-TV channels; and 

Be it further resolved that this organization believe that it is imperative that all non-broadcast pay-TV channels work with the American Council of the Blind directly to expand the amount of available audio-described programming.

Adopted.

Ray Campbell, Secretary

/Vision Impairment Specialist Designation

Resolution 2019-05

 

Whereas, people who are blind or have low vision constitute a low-incidence population, and availability of specialists to provide this population with vision habilitation and rehabilitation training is scarce; and

Whereas, people who are hired for vision habilitation and rehabilitation programs often come from related fields that do not have the specialized training that is necessary to provide optimal services; and

Whereas, it is essential to increase the numbers of specially trained service providers; and 

Whereas, lack of awareness of the existence and availability of jobs in the field of vision habilitation and rehabilitation has hindered efforts to grow a large enough cohort of specialists; and 

Whereas, establishing a specific designation for the field will both increase awareness and readily identify those people who are specifically trained and certified to serve people who are blind or have low vision; and

Whereas, the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP) has proposed the use of “vision impairment specialist” as the primary designator for positions serving people with visual impairments; and

Whereas, this designator would always be accompanied by a specialist designation which would include, among others, Certified Orientation and Mobility Specialist (COMS), Certified Vision Rehabilitation Therapist (CVRT), Certified Assistive Technology Instructional Specialist (CATIS) and Certified Low Vision Therapist (CLVT); and

Whereas, ACVREP does not certify teachers of the visually impaired (TVIs), who have separate state requirements for licensure and employment;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization join with ACVREP, the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER) and VisionServe Alliance to actively encourage the use of these designations in all communications about the nationally certified professionals in the field of vision habilitation and rehabilitation with the general public, policy and decision-makers, and elected officials; and 

Be it further resolved that these organizations and others be encouraged to create a working group on which ACB would serve to advance the objectives of this resolution by whatever means seem appropriate; and 

Be it further resolved that this organization work to assure that each of the designations described herein are appropriately defined and included in the Dictionary of Occupational Titles (DOT) to ensure that each of the distinct professional disciplines is properly recognized and maintained in law and regulations.

Adopted.

Ray Campbell, Secretary

/Requirement for Accessible Pedestrian Signals When There Is the Use of Leading Pedestrian Interval (LPI) Signalization at an Intersection

Resolution 2019-06

 

Whereas, pedestrians ages 65 and older accounted for 20% of all pedestrian deaths in 2016; and

Whereas, the incidence of vision impairment increases with age and people in their 80s are more than twice as likely to have a vision impairment as people in their 70s, according to the National Center for Health Statistics; and

Whereas, according to recently published research (Varma et al., 2016), the number of older persons experiencing visual impairment, including visual impairment due to uncorrected refractive error, is projected to double by 2050; and

Whereas, the increasing complexity of the design of intersections in conjunction with new modes of wheeled transportation, including but not limited to, quiet cars with engine stop-start (ESS) technology, electric vehicles, electric bicycles, and motorized scooters, create greater difficulties and an increasing risk of death or injury to pedestrians who are blind or have low vision when using sidewalks or crossing intersections; and

Whereas, traffic signals for pedestrians have only visual Walk and Don’t Walk signs activated with a push button on a traffic pole and are not mandated to be equipped with accessible pedestrian signals (APS) in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD); and

Whereas, traffic signals frequently are being programmed with leading pedestrian interval (LPI) signalization to give pedestrians a head start to cross the intersection in order to reduce vehicle and pedestrian conflicts; and

Whereas, the MUTCD Section 4E.06 Pedestrian Intervals and Signal Phases guidance (#6) states, “If a leading pedestrian interval is used, it should be at least 3 seconds in duration and should be timed to allow pedestrians to cross at least one lane of traffic or, in the case of a large corner radius, to travel far enough for pedestrians to establish their position ahead of the turning traffic before the turning traffic is released”; and

Whereas, the MUTCD Section 4E.06 support (#3) states, “If a leading pedestrian interval is used without accessible features, pedestrians who are visually impaired can be expected to begin crossing at the onset of the vehicular movement when drivers are not expecting them to begin crossing”; and

Whereas, the MUTCD Section 4E.06 guidance (#5) states, “If a leading pedestrian interval is used, the use of accessible pedestrian signals (see Sections 4E.09 through 4E.13) should be considered”; and

Whereas, there is LPI signalization research for pedestrians who are blind or have low vision, which finds: 1) intersections with complex signalizations, including LPI, can benefit from APS; and 2) Ongoing analyses of data have suggested that APS decreased the delay in starting to cross, increased the number of crossings that participants began independently and within the walk interval, increased the number of crossings that were completed before the signal changed, and reduced the number of requests for assistance; and

Whereas, the only effective means of providing equal access to LPI signalization is to mandate the installation of APS devices, and this will require amending the MUTCD, through the National Committee on Uniform Traffic Control Devices (NCUTCD); 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that ACB staff, in consultation with the Environmental Access Committee (EAC), begin the process of requesting amendments to the MUTCD by submitting a written statement to the NCUTCD urging that the next edition of the manual include a mandate for the installation of APS at sites whenever and wherever a pedestrian traffic signal uses LPI signalization; and

Be it further resolved that researchers, certified orientation and mobility specialists, the EAC and other relevant subject matter experts be consulted throughout this process; and 

Be it further resolved that this organization urge the U.S. Access Board to revise its proposed Public Right-of-Way Accessibility Guidelines (PROWAG) to require the installation of APS whenever and wherever pedestrian traffic signals are in use, through an ADA Transition Plan, giving priority to intersections using LPI signalization.

Adopted. 

Ray Campbell, Secretary

/Accessible Diabetes Medical Equipment

Resolution 2019-07

 

Whereas, the American Council of the Blind passed Resolution 2017-21 which clearly and unequivocally objected to the ongoing proliferation of inaccessible diabetic devices; and

Whereas, in 2019 ACB developed and presented to Congress a legislative priority on the same subject; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization reiterate its commitment to work for the enactment of legislation, seek potential changes in regulations and, if necessary, look for relief through the courts to assure that people who are blind or have low vision have access to appropriate, accessible and usable diabetic devices.

Adopted.

Ray Campbell, Secretary

/Census

Resolution 2019-08

 

Whereas, the United States decennial census forms part of the basis for which state and local funding allocations are made for a broad array of federal programs; and

Whereas, in the past, census data has dramatically under-counted people with disabilities, including people with vision loss; and

Whereas, the 2020 census is intended to be largely conducted through the provision of postcards that indicate that residents should complete census questionnaires via electronic means; and

Whereas, because census data will be gathered largely through electronic means, it is essential that the websites and other related technology used in this effort be not only accessible, but easily usable, by persons who are blind or have low vision; and

Whereas, in order to optimize efforts to assist in outreach on the census for people with vision loss, it is necessary to use television, radio, social media, and private and public agencies serving people who are blind or have low vision to ensure that members of this population will be appropriately contacted and assisted to complete the census; and

Whereas, this organization recognizes that there is insufficient time to substantially impact the way the 2020 census will be administered; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization condemn the inevitable under-count of people with disabilities that will result; and 

Be it further resolved, however, that at the very least we expect that the electronic platforms utilized for data gathering be fully accessible and usable by people who are blind or have low vision as part of the 2020 census; and 

Be it further resolved that this organization demand that priority be given to developing a tenable and credible approach to gathering data that will accurately and effectively count the number of people with disabilities in the 2030 census.

Adopted.

Ray Campbell, Secretary

/Medical Recordings

Resolution 2019-09

 

Whereas, some medical practices and health care facilities, in an attempt to protect patient privacy and prevent recordings from going viral on the Internet, are considering internal policies that would regulate or prohibit patients from making private audio recordings or taking photographs; and

Whereas, vision loss is a print disability that necessitates alternative communication formats for information that would typically be available in hard copy, including preparation instructions for upcoming medical tests and procedures, post-operative discharge instructions, dates and times of follow-up appointments, prescription dosages, the spelling of recommended over-the-counter medications, and the contact information for specialists and other referrals; and

Whereas, many patients who are blind or have low vision rely on recording devices to take notes during medical appointments and to refresh their memory about questions to ask their doctor; and

Whereas, the inability to communicate effectively compromises a patient’s health, safety and equal access to quality health care; and

Whereas, assistive technology is often an accommodation that is protected by the ADA; and

Whereas, the ability to obtain and retain information through medical recordings can also be extremely important for persons who are blind or have low vision and are caregivers or who assist with health care decisions of family members; and

Whereas, the ability to record information in a medical setting may also benefit people with other sensory and cognitive impairments; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization support the responsible, unrestricted use of personal recording devices in medical settings by people with disabilities.

Adopted.

Ray Campbell, Secretary

/Reimbursements for Vendors Attending Upward Mobility Training Conferences

Resolution 2019-10

 

Whereas, the purposes of Randolph-Sheppard Vendors of America (RSVA), an affiliate of the American Council of the Blind, include promoting the expansion and improvement of the Randolph-Sheppard program and the economic benefits and employment opportunities for blind and visually impaired vendors throughout the United States; and

Whereas, as one means of accomplishing these ends, RSVA holds its annual Sagebrush conference each February in Las Vegas, NV; and

Whereas, the Sagebrush conference, through its plenary sessions and break-out workshops, provides opportunities for blind and visually impaired vendors, their employees, federal officials involved in overseeing the Randolph-Sheppard program and state licensing agency staff involved in administering the program to come together in order to share information and ideas; and

Whereas, the registration fee for the Sagebrush conference does not cover any costs of entertainment; and

Whereas, officials in some states have indicated that representatives of Rehabilitation Services Administration (RSA) have reduced the usual amount allowed as payment for travel expenses of state licensing agency staff and blind and visually impaired vendors to Sagebrush because it is held at a casino hotel; and

Whereas, this restriction has caused individuals in some states not to attend Sagebrush; and

Whereas, RSA has never applied this limitation to persons traveling to the Blast conference, held by the NFB Merchants Division, which has also been held at a hotel/casino; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization insist that RSA apply the entertainment expense restriction in the same manner to both the Blast and Sagebrush conferences; and 

Be it further resolved that this organization also insist that registration fees shall include all networking sessions; and 

Be it further resolved that RSA be encouraged to develop a statement that will clearly enunciate this policy so that the potential for unequal treatment in the future will be eliminated. 

Adopted. 

Ray Campbell, Secretary

/Accessibility of Autonomous Vehicles

Resolution 2019-11

 

Whereas, autonomous vehicles (AVs) are increasingly evolving into modalities for the transportation of people and for the delivery of goods; and

Whereas, there currently exists no national legal framework or comprehensive and uniform state rules governing their design, operation or accessibility to people with disabilities, including people who are blind or who have low vision; and

Whereas, companies operating in the AV industry are actively engaged in making design and implementation decisions that will affect, if not determine, these vehicles’ accessibility to and usability by people with disabilities; and

Whereas, pending the development of an overarching legal framework, state and local legislation and/or regulations are already proceeding incrementally, resulting in a de facto regulatory system unlikely to be responsive to the needs of people who are blind or have low vision; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization urge all companies seeking approval for experimental use of AVs, either voluntarily or pursuant to any applicable requirement of law, to demonstrate meaningful inclusion of and responsiveness to the disability community, especially ACB and other leading organizational and individual expert perspectives on blindness and low vision, to ensure the full accessibility and usability of AVs; and 

Be it further resolved that such input from people who are blind or who have low vision address not merely issues relating to the safe and effective operation of AVs by passengers, but also the infrastructural issues surrounding AV access and use, including communication necessary for locating vehicles upon their arrival, for identifying the appropriate vehicle from among many vehicles that may be co-located in a given area, and for ascertaining before, during and at the conclusion of trips, all vehicle-usage-related information that persons with ordinary vision would have or expect to have; and 

Be it further resolved that this organization emphatically demand that no experimental use permits or permanent approvals be granted for AV use in the absence of consumer-informed and well-delineated protocols ensuring the accessibility and usability of AVs on terms of full equality for people who are blind or who have low vision.

Adopted.

Ray Campbell, Secretary

/Aira Pilot with Massachusetts Bay Transportation Authority (MBTA)

Resolution 2019-12

 

Whereas, Aira offers real-time, professional sighted assistance to blind and visually impaired users engaging in a wide variety of life tasks, including use of mass transit; and

Whereas, the Massachusetts Bay Transportation Authority (MBTA) is conducting a six-month pilot project during which Aira is being used by people who are blind or who have low vision throughout MBTA’s bus, subway and commuter rail systems at no costs to users, including at MBTA’s stations, and their amenities; and

Whereas, those who have taken advantage of the Aira pilot report increased confidence and independence in their travels throughout the MBTA system; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization recognize that there is considerable value in projects such as the Aira/MBTA pilot project, demonstrating that technologies such as Aira have the potential to significantly increase the confidence and competence of travelers who are blind or have low vision in unfamiliar environments; and 

Be it further resolved that this organization expect that, based on the findings of this pilot project, other transit systems will consider implementing comparable projects.

Adopted.

Ray Campbell, Secretary

/Competitive Integrated Employment and National Industries for the Blind Placements

Resolution 2019-13

 

Whereas, for more than twenty years, the Rehabilitation Services Administration (RSA) has implemented a policy whereby placements of vocational rehabilitation consumers in facilities operated by National Industries for the Blind (NIB)-sponsored facilities are not categorized as “competitive integrated employment” (CIE) closures; and,

Whereas, the Workforce Investment Opportunities Act (WIOA) has institutionalized this policy by defining competitive integrated employment as “full- or part-time work at minimum wage or higher, with wages and benefits similar to those without disabilities performing the same work, and fully integrated with co-workers without disabilities”; and

Whereas, in many states, particularly those that are rural, there are very limited employment opportunities for persons who are blind or visually impaired, especially for those individuals who do not have college or technical degrees; and

Whereas, rehabilitation professionals working in such rural states have a significant disincentive to place their consumers in such NIB-sponsored facilities because they, and their agencies, may not receive credit from RSA for such placements, even though NIB jobs may be the only viable option for their consumers; and

Whereas, a growing number of NIB-sponsored workplaces are located within fully integrated settings such as call centers on military bases; and

Whereas, the definition of competitive integrated employment allows credit for placements of consumers in independent living centers despite the fact that the majority of employees in such centers must have disabilities; and

Whereas, the primary goal of WIOA should be the placement of persons with disabilities in jobs that allow for maximum independence through the payment of at least a minimum wage; and

Whereas, allowing credit for placements of consumers in independent living centers, but not for placements in NIB-sponsored facilities, constitutes a discriminatory double standard which must be eliminated; and

Whereas, the current RSA policy is categorically opposed to the principle of consumer choice which is at the heart of the philosophy and practice of vocational rehabilitation; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that the American Council of the Blind communicate its strong opposition to this existing policy by RSA in an effort to expand the definition of competitive integrated employment to encompass the placement of consumers in NIB-sponsored facilities, particularly those located in venues employing significant numbers of non-disabled individuals.

Adopted.

Ray Campbell, Secretary

/ACB Public Transportation Advocacy Platform

Resolution 2019-14

 

Whereas, transportation is one of the most pervasive and persistent challenges for people who are blind or have low vision; and

Whereas, most people who are blind or have low vision depend on conventional public transit and paratransit services provided by local and regional publicly funded transit agencies for their day-to-day transportation needs; and

Whereas, these services are often inadequate, either because they are not available at the times or in the locations where people need to travel, and/or because they are difficult to use and/or unreliable; and

Whereas, the public transportation industry is rapidly evolving and now includes a host of emerging transportation technologies and services, including the introduction of trip-planning and fare payment mobile apps, a growing number of microtransit services, and the incorporation of rideshare services such as Uber and Lyft to provide first/last mile connections with high-capacity bus and rail transit; and

Whereas, many of these new technologies and services, referred to by the public transportation industry as the new mobility paradigm, including frequently unusable mobile apps, are being implemented without basic accessibility for people who are blind or have low vision; and

Whereas, the public transportation industry is focusing on the new mobility paradigm to the seeming exclusion of all else, meaning that more traditional forms of public transit, including bus, rail and paratransit services, are receiving minimal attention; and

Whereas, these circumstances, taken together, are causing people with disabilities, including those who are blind or have low vision, to fall farther and farther behind what the transit industry refers to as choice riders, meaning riders for whom the new mobility paradigm is being developed and advanced; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization call upon the U.S. Department of Transportation (USDOT), the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA) and any other federal agencies who provide funding to the transit industry, either for the development or operation of any public transportation service, including demonstration and pilot projects, to require accessibility for people with disabilities, including people who are blind or have low vision, as a condition of funding; and 

Be it further resolved that this organization direct its officers, Board of Directors and staff of the American Council of the Blind working with the ACB Transportation Committee, the ACB Environmental Access Committee, and any other appropriate stakeholders, to embark on a national effort to communicate with ACB members and other people who are blind or have low vision on their uses of transportation, on the challenges they face when using transportation, on their unmet transportation needs, and on their ideas for making transportation more effective within their communities; and 

Be it further resolved that the result of this effort will be the development of a national transportation platform which the ACB and its affiliates and chapters can use when advocating for transportation on the local level; and 

Be it further resolved that this organization strongly recommend that the ACB Board of Directors and appropriate committees and stakeholders convene a National Transportation Symposium to be held in conjunction with the 2020 ACB National Conference and Convention to educate its affiliate and chapter leaders and members on the current state of transportation in America; and 

Be it further resolved that the stakeholders defined above are hereby urged to look beyond the current public transportation environment to develop a long-range transportation initiative that will include the possible impact of driverless vehicles, the impact of the adoption of potentially more severe regulations about the use of vehicles utilizing fossil fuels and the shape of the infrastructure of public transportation that will emerge over the next decade so that ACB can be prepared to be a proactive proponent of meaningful inclusion in the emerging new public transportation environment.

Adopted.

Ray Campbell, Secretary

/Shared Mobility Devices

Resolution 2019-15

 

Whereas, shared mobility devices (SMDs), including but not limited to scooters, bicycles, motorized bicycles and mopeds, are proliferating as alternatives to traditional vehicular travel; and

Whereas, these devices pose a number of problems to people who are blind or have low vision in terms of safety and mobility; and

Whereas, pedestrian-vehicular accidents are increasing rapidly as a percentage of total documented traffic accidents and fatalities; and

Whereas, these devices have traditionally been either partially or completely unregulated by state and local governments; and

Whereas, anecdotal evidence suggests that increasing numbers of pedestrians who are blind or have low vision are either being hit by such vehicles or are falling over abandoned vehicles on the sidewalk; and

Whereas, these concerns include, but are not limited to, the partial or total absence of regulations concerning the operation and parking of such vehicles, the lack of requirements for insurance needed to be carried by SMD companies that would allow the indemnification of pedestrians injured by such vehicles, and the lack of requirements that these vehicles make sufficient noise so as to be detectable by pedestrians who are blind or have low vision; and

Whereas, in addition, few entities require signage accessible by people who are blind or have low vision identifying the shared mobility company whose vehicle is being operated or contact information for that company; and

Whereas, there is a need throughout the country to collect data on accidents that involve shared mobility devices and pedestrians; 

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization urge its state affiliates and chapters to seek adoption of state laws or local ordinances and/or regulatory requirements that address the problems outlined in this resolution; and 

Be it further resolved that this organization assert that pedestrians, including those who are blind, have a right which supersedes that of any vehicle while on the sidewalk; and 

Be it further resolved that White Cane Laws that are supposed to protect people who are blind must be enforced so that they afford protection to people who are blind who are effectively and appropriately utilizing public rights of way; and 

Be it further resolved that the Environmental Access Committee, working in conjunction with the Transportation Committee of the American Council of the Blind, develop model ordinances which can be shared with state and local affiliates and chapters.

Adopted.

Ray Campbell, Secretary

/Non-Vocational Rehabilitation for the 21st Century

Resolution 2019-16

 

Whereas, even though loss of sight remains one of the most feared disabilities in America, hardly any vision-related rehabilitation services are provided and paid for in the medical, insurance, and occupational/physical therapeutic sectors across the country; and

Whereas, this disgraceful national lack of commitment to address the profound and growing public health challenge posed by unaddressed vision loss is an intolerable injustice given that a host of complex and expensive rehabilitative, medical, insurance, and occupational/physical therapeutic interventions are currently being made available to deal with other disabling conditions; and

Whereas, rehabilitation of people who are blind or visually impaired under the age of 55 has been narrowly drawn to merely encompass the vocational rehabilitation services federally funded through state VR agencies, and for individuals 55 and older requiring non-vocational rehabilitation services has been relegated to the woefully under-funded Independent Living Services for Older Individuals who are Blind (OIB) program; and

Whereas, people at any age who experience vision loss and are not provided with appropriate services are, for at least some time, functionally illiterate and profoundly dependent on others for the most fundamental of their daily living, mobility, and community participation needs; and 

Whereas, a rehabilitative outcome for any individual, from institutionalization to full employment and/or community integration, even when pursued with informed choice, is highly contingent upon the client’s confidence through competence in daily living skills, orientation and mobility training, adaptive device acquisition and training, and a host of other interventions which may in no way be vocational in nature; and

Whereas, even the modest non-vocational rehabilitation funding stream that had at one time been available to serve people who are blind or visually impaired under the age of 55 has itself been eliminated thanks to the decision by the Rehabilitation Services Administration (RSA) to no longer allow non-compensated outcomes (the so-called homemaker closure), leaving this population totally unserved and vulnerable to premature institutionalization; and

Whereas, the current and future-expected pitiful funding levels for the OIB program cannot possibly begin to allow state and private service providers to offer services leading to nationally significant improvement in the numbers and quality of successful independent living outcomes for individuals 55 years of age and older; and

Whereas, up to now, the Independent Living Center system in this country, with extremely few exceptions, has been unequipped and unwilling to provide the services necessary for people who are blind or visually impaired to gain the confidence and competence necessary for successful independent living outcomes;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that the officers, directors, staff and members of this organization renew their commitment to the development and delivery of all appropriate non-vocational rehabilitative services for people who are blind or visually impaired of all ages, and to work at the federal, state, and local levels to:

  • Reform existing and advocate for new federal, state and private sources of support for non-vocational rehabilitative services meeting the unique needs of people with vision loss under the age of 55;
  • Join in all appropriate efforts to increase funding for the OIB program; and
  • Work in common cause with other allied organizations to recruit, prepare and promote nationally credentialed personnel who are fully qualified to offer effective vocational and non-vocational vision-related rehabilitation services to maximize deinstitutionalization and the true independent living potential of Americans living with vision loss.

Adopted.

Ray Campbell, Secretary

/Thanks to Hotels

Resolution 2019-17

 

Whereas, it is appropriate that this conference and convention express its thanks and appreciation for our host hotels and convention premises;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization communicate its deep gratitude to the management and staff of the Rochester Hyatt Regency and Riverside Hotels and the Joseph A. Floreano Rochester Riverside Convention Center, Rochester, N.Y., for their warm welcome, very hard work and hospitality.

Adopted.

Ray Campbell, Secretary

/Thanks to Police

Resolution 2019-18

 

Whereas, Rochester’s law enforcement and public safety personnel have provided an unprecedented level of service and assistance to us throughout convention week;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization proudly salute and commend the law enforcement officers and public safety personnel of Rochester, N.Y., whose presence, protection and public service has been deeply appreciated; you are indeed Rochester’s finest!

Adopted.

Ray Campbell, Secretary

/Thanks to the Host Committee

Resolution 2019-19

 

Whereas, the strength of the American Council of the Blind lies in each of its individual members and in each of its state and special-interest affiliates;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization express its heartfelt congratulations and thanks to this year’s Convention Host Committee and the women and men of the American Council of the Blind of New York for their enthusiastic welcome, the untold hours of planning and hard work, and the tremendous privilege of bringing our national conference and convention to the Empire State.

Adopted.

Ray Campbell, Secretary

/Thanks to the Volunteers

Resolution 2019-20

 

Whereas, there are fewer things in this life more precious than a kind word, an open hand, a supportive shoulder, a warm heart, and a willing elbow;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled on the 11th day of July, 2019 at the Joseph A. Floreano Rochester Riverside Convention Center in Rochester, N.Y. that this organization warmly embrace and most sincerely thank each and every individual volunteer who so selflessly and graciously gave of their time and energy; you truly helped us here in the Flower City to make an abundant bouquet of lasting memories.

Adopted.

Ray Campbell, Secretary

/2019 Referred Resolutions

 

The following three resolutions were not adopted by the ACB membership. They were referred to the ACB board of directors for further action.

 

Accessible to Pedestrians Who are Blind or Have Low Vision        

Whereas, there is a significant lack of understanding by the traffic engineering community; federal, state, and local governmental authorities; public officeholders; and the public at large about the danger posed by modern signalized intersections for pedestrians who are blind or have low vision; and

Whereas, the American Council of the Blind (ACB) and its Environmental Access Committee (EAC) have published two editions of the “Pedestrian Safety Handbook” to provide up-to-date information for ACB members to use to advocate for safer streets and intersections in their communities; and

Whereas, the natural evolution of the “Pedestrian Safety Handbook” is the creation of a safety campaign video (instead of print) intended to educate the public to the danger pedestrians with visual impairments experience when there is the use of inaccessible modern pedestrian signalization, e.g. leading pedestrian interval, at street crossings and the solutions to this problem; and  

Whereas, Diode Digital has found that video promotion is 600% more effective than print and direct mail combined; and

Whereas, they also have found that, before reading any text, 60% of site visitors will watch a video if available; and

Whereas, the Online Publishers Association observed way back in 2007 that 80% of viewers recall a video ad they have seen in the past 30 days. 26% of viewers then look for more info about the product, 22% visit the product site, 15% visit the brand site, and 12% make the purchase; and

Whereas, 59% of senior executives prefer video over text (WeCapture), 75% of executives watch videos while working (Forbes), and 65% navigate over to a site after viewing a related YouTube video; and

Whereas, this medium has been shown to be a flexible tool that can be used in a variety of settings to promote understanding;

Now, therefore, be it resolved that this organization underwrite the production of a professional quality short video for the estimated cost of $5,000 to include scriptwriting, production, editing, and distribution; and

Be it further resolved that the video shall demonstrate the following:

  • The method used by a pedestrian who is blind or has low vision to cross a signalized intersection by listening for the surge of parallel traffic and the idling motor sound of perpendicular traffic as cues to move safely across the street;
  • The problem that is presented when a leading pedestrian interval (LPI) is added to the standard signal; and
  • The solution offered by an accessible pedestrian signal (APS). And

Be it further resolved that ACB partner with organizations of and for people with disabilities, as well as like-minded organizations such as America Walks and AARP, to disseminate this video on or in YouTube, social media, driver education courses, law enforcement training, Institute of Transportation Engineers (ITE) professional development courses and public awareness programs, etc. to increase the awareness and understanding of the potential hazards of using modern-day pedestrian signalizations, e.g. LPI, when traffic signals are not equipped with APS; and

Be it further resolved that ACB’s affiliates and the affiliates’ chapters are encouraged to use the video as part of local training events to raise awareness of the critical need for APS to improve accessibility and safety of travel for all people with vision loss.

 

Resolution on Electronic Low-Vision Aids for Seniors under Medicare

Whereas, the availability and affordability of low vision aids and related assistive technologies is critical to the safety, health, well-being, independent living and quality of life of millions of individuals living with vision loss, particularly older Americans for whom these pivotal devices can very well mean the avoidance of unnecessary and costly nursing home care and the ability to remain productive and connected in their communities; and

Whereas, such devices, though an integral component of appropriate vision-related rehabilitation services, are barred from coverage under Medicare altogether thanks to the Centers for Medicare and Medicaid Services’ (CMS’s) tortured interpretation of the Medicare statute’s so-called eyeglass exclusion; and

Whereas, for years, ACB has advocated strenuously for the U.S. Congress to mandate a Medicare demonstration project designed to assess the impact on the Medicare Trust Fund of permanent coverage for various classes of low vision and related assistive technologies; and

Whereas, provisions of federal administrative and other areas of law make litigation to overturn CMS’s eyeglass exclusion rule an especially time-consuming, costly and uncertain prospect at best; and

Whereas, recent advocacy achievements by various patient and parent advocacy groups suggests that, through systematic mobilization of public opinion among interested individuals and groups, CMS can be successfully pushed to reconsider and alter its determinations; and

Whereas, a well-executed public relations campaign, including professionally produced media, could be a particularly compelling advocacy approach by, among other things:

  • Demonstrating what low-vision technology can mean in the lives of older Americans and many others;
  • Explaining through competent medical authorities how in certain circumstances CMS will pay for surgical implantation of devices yielding roughly comparable functional benefits to those offered by low vision and related technologies but which costs American tax payers significantly more; and
  • Documenting how, for those who are not candidates for or elect not to have surgery, CMS’s refusal to provide far less costly alternatives leaves beneficiaries with no Medicare supported vision-related rehabilitative options.

Now, therefore, be it resolved that this organization direct its officers, directors and staff to, with all deliberate speed:

  • Explore the contours and budgetary requirements of a professionally produced, widely disseminated media campaign to supplement and enhance ACB’s advocacy for the matters described herein;
  • Presuming limited budget authority, assess how an effective public awareness and social media campaign could be achieved through in-kind, pro bono, volunteer expert, and other means;
  • Deploy ACB’s communications team (within ACB Board-determined fiscal and human resource priorities) to create a fully accurate, hard-hitting YouTube or alternative captioned and described video documentary widely and aggressively socialized to priority stakeholder audiences, including relevant congressional caucuses, senior citizen groups, medical and legal associations, long-term care insurance providers and others; and
  • In the event existing resources prove unavailable, undertake fund raising and related efforts to muster the resources necessary to achieve the goals of this resolution.

 

Resolution on Resolutions Process

Whereas, the resolutions process has long been an important vehicle by which issues of concern to the membership can be made known to the leadership of the organization and to the wider community, and

Whereas, the Resolutions Committee annually works long and hard to screen and craft resolutions, making “do pass” recommendations to the convention for those they deem of merit, and

Whereas, all resolutions submitted to the convention by the committee are subject to the vote of the membership, thereby further ensuring their responsiveness to a broad range of members’ concerns, and

Whereas, all adopted resolutions call upon the organization and its leadership to take specified actions, ranging from expressing the organization’s opinion to transmittal of the resolution to appropriate recipients to the undertaking of advocacy efforts of various types, and

Whereas, though the authors of resolutions and many of those who have voted for them are often deeply concerned with the outcome, and

Whereas, no systematic method exists whereby members can track the outcome of resolutions or whereby the leadership can report progress or seek feedback from the membership on the actions taken or the results achieved;

Now, therefore, be it resolved that the ACB Board of Directors adopt procedures for reporting annually and fully to the convention on the actions taken and the results obtained on each resolution passed in the previous year, and on the status of each resolution from prior years that remains active; and

Be it further resolved that such annual reports be presented to the convention in much the same manner, and with the same predictability and reliability, as other key reports such as the treasurer’s report; and

Be it further resolved that nothing herein shall be construed to require the disclosure of confidential information or of information that would jeopardize the success of ongoing negotiations.