AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-01 WHEREAS, the Education for All Handicapped Children Act (P.L. 94-142) of 1975 was enacted to ensure that all handicapped children would have available to them a free, appropriate public education; and WHEREAS, an important part of the law relates to the rights of handicapped children and their parents to challenge the school district's recommendations concerning placement as well as the type and scope of special education services to be rendered to the handicapped child; and WHEREAS, the U.S. Supreme Court has ruled that parents are not entitled to an award of attorneys' fees in P.L. 94-142 cases, which means that parents who cannot afford the assistance of counsel may be denied the due process (including judicial review) guaranteed by the Education for All Handicapped Children Act; and WHEREAS, the Handicapped Children's Protection Act, introduced in the 99th Congress as H.R. 1523 and S. 415 reaffirms Congress's original intent in P.L. 94-142 that reasonable attorneys' fees should be awarded to parents in P.L. 94-142 cases. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 10th day of July 1985, in Las Vegas, Nevada, that this organization supports H.R. 1523 and S. 415; and BE IT FURTHER RESOLVED, that this organization opposes any weakening amendments which may be offered to this legislation when it reaches the House and Senate floors; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the appropriate members of Congress. Adopted July 10, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-02 WHEREAS, advocates and policy makers on the federal, state and local levels continue to lack reliable demographic data concerning blind and other disabled persons; and WHEREAS, the Bureau of the Census included only two general and misleading questions on disability in its 1980 decennial survey, but was unable to carry out its planned post-census study on disability for lack of funds. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 10th day of July 1985, in Las Vegas, Nevada, that this organization urges the Bureau of the Census to include specific questions on disability to gather accurate statistical data on disability type, severity relative to employment, education, and other economic and social factors on the "100 percent response page" of its 1990 census survey, and further urges the Bureau to seek adequate funding for a detailed post-census study on disability; and BE IT FURTHER RESOLVED, that this organization pledges its cooperation in the development and implementation of a post-census study on disability and urges Congress to appropriate funds for same; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the Bureau of the Census and to appropriate members of Congress. Adopted July 10, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-03 WHEREAS, advocates and policy makers on the federal, state, and local levels continue to lack reliable demographic data concerning blind and other disabled persons including: (1) the number of Social Security Disability Insurance beneficiaries who are blind and who subsequently are counted as retirees upon reaching age 65, or who become blind after reaching age 65; and (2) demographic data gleaned from tax returns filed by individuals who provide medical certification of legal blindness to the IRS; and WHEREAS, the retrieval and compilation of such data would be useful to policy makers and advocates alike who are interested in improving federal, state and local services to blind and visually impaired persons. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 10th day of July 1985, in Las Vegas, Nevada, that this organization urges the Social Security Administration and the Internal Revenue Service to target blindness and visual impairment as part of their data collection and analysis activities and to further target blindness and visual impairment investigation as part of any general population studies which these agencies may conduct; and BE IT FURTHER RESOLVED, that this organization will cooperate to the maximum extent possible with the SSA and IRS in connection with these endeavors; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the SSA, the IRS, and to the appropriate members of Congress. Adopted July 10, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-04 WHEREAS, many blind or visually impaired persons are keenly interested in the legislative process in the United States Congress; and WHEREAS, the talents and abilities of qualified blind or visually impaired persons could contribute substantially to the federal policy making process; and WHEREAS, very few blind or visually impaired persons have been employed as personal or committee staff on Capitol Hill; NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 10th day of July 1985, in Las Vegas, Nevada, that this organization supports H.R. 176, introduced in the 99th Congress, which authorizes a two-year pilot fellowship program for qualified blind or deaf persons, consisting of one hundred positions for each of two years, at an annual salary of twenty thousand dollars; and BE IT FURTHER RESOLVED, that the directors, officers, and staff of this organization expresses its appreciation to the Honorable Edward Roybal (Democrat of California) who was the principal sponsor of this legislation. Adopted July 11, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-05 WHEREAS, approximately five hundred thousand Social Security Disability Insurance beneficiaries were terminated from the benefit rolls from March, 1980, through 1983; and WHEREAS, benefits to a large percentage of these Individuals were reinstated upon appeal from SSA's initial or reconsideration determination to an Administrative Law Judge, to the Appeals Council, or to Federal courts; and WHEREAS, the Secretary of the Department of Health and Human Services has announced that the SSA will now abide by U.S. Supreme Court and federal circuit court precedents only at the Administrative Law Judge and Appeals Council levels of administrative review of SSA decisions. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this Ilth day of July 1985, in Las Vegas, Nevada, that this organization believes that fairness, equity, and consistency demand that the SSA abide by legal precedents at all decision-making levels within the Agency; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the SSA, and to appropriate members of Congress and should take such other steps as may be necessary to require compliance by the SSA at all levels of agency review. Adopted July 11, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-06 WHEREAS, the American Lutheran Church (ALC) Is one of the major Lutheran church bodies in the U.S.; and WHEREAS, the Church Council of the American Lutheran Church has recently defined its seminary admission criteria to exclude persons with significant physical or mental impairments from becoming ordained ministers of the Church; and WHEREAS, the Church Council of the ALC predicates this discriminatory policy upon the belief that admission of disabled persons to the clergy would have the "Potential of great harm to both members and pastors," because "Pastors are expected to be sufficiently able-bodied, ambulatory, and mobile." NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization believes that admission to the clergy of the church should be based upon individual qualification and ability, and should not be denied to a disabled person on the basis of a stereotypical misconception as to the limitations of a particular physical or mental impairment; and BE IT FURTHER RESOLVED, that, although this organization finds the policy of the Church Council of the ALC to be morally offensive, the American Council of the Blind pledges its cooperation in such educational or other efforts to improve the attitude of ALC leaders concerning the capabilities of blind and other disabled persons; and BE IT FURTHER RESOLVED, that this organization finds discrimination equally repugnant when practiced by other denominations or religions and stands equally prepared to pledge cooperation in such educational or other efforts to Improve the attitudes of their leadership; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to appropriate officials. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-07 WHEREAS, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of handicap in programs or activities receiving federal financial assistance; and WHEREAS, the United States Supreme Court has narrowly interpreted language In Title IX of the Civil Rights Act of 1964 as amended relating to sex discrimination by institutions of higher education; and WHEREAS, the interpretation of the above referenced Supreme Court decision, the "Grove City College" case, has been applied to other civil rights laws including Section 504 of the Rehabilitation Act; and WHEREAS, under the present interpretation of the law, a college or university receiving federal financial aid for its students would, for example, be prohibited from denying college admission to a disabled student, but could lawfully discriminate thereafter against such student by denying him or her the opportunity to take certain science courses requiring laboratory work, because the college's science program itself did not receive federal financial assistance. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization supports the Civil Rights Restoration Act of 1985, introduced in the 99th Congress as H.R. 700 and S. 431, which makes clear Congress' intent that the anti- discrimination protections of Section 504 and certain other civil rights laws extend to all of the programs or activities of a recipient of federal financial assistance, and not merely to the program or activity to which the federal financial assistance is targeted; and BE IT FURTHER RESOLVED, that this organization opposes any weakening amendments to H.R. 700 and S. 431 which may be offered to this legislation when it reaches the House and Senate floors; and BE IT FURTHER RESOLVED, that the officers, directors, and staff of this organization are hereby directed to communicate this resolution to the Leadership Conference on Civil Rights and to appropriate members of Congress. Adopted July 12; 1985: AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-08 WHEREAS, American Council of the Blind membership resolution 79-06 provides that handicapped production workers employed in industry and in sheltered workshops should be employed under "individual rate" certificates issued by the Department of Labor., having a wage floor guarantee of not less than 75 percent of the statutory minimum wage; and WHEREAS, recent evidence provided by National Industries for the Blind confirms that the vast majority of blind production workers employed in sheltered workshops earn at or above 75 percent of the statutory minimum wage, and that many workers earn the full statutory minimum wage or above; and WHEREAS, the intent behind the enactment of the sub-minimum wage provisions of Section 14C of the Fair Labor Standards Act of 1938 as amended was both to further employment opportunities for handicapped workers and to curtail loss of employment by such individuals due to their inability to produce at the full statutory minimum wage level; and WHEREAS, the American Council of the Blind has long worked to improve the economic condition of blind and visually impaired persons, and has supported the concept of sub-minimum wages recognizing that some handicapped workers (including blind workers having one or more additional handicaps) may be so limited by their disabilities as to be unable to produce at the full statutory minimum wage level; and WHEREAS, but for the existence of the sub-minimum wage provisions of Section 14C, such individuals would not be employed. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization recommends (1) that blind production workers having no additional work-related handicaps, and who are employed in industry or in sheltered workshops should be paid in accordance with their productivity, but in no event less than 100 percent of the statutory minimum wage; and (2) that other handicapped workers (including blind workers having one or more additional work-related handicaps) employed in industry or in sheltered workshops should be employed under an "individual rate' certificate, issued by the Department of Labor, upon a clear showing by the employer that the handicapped worker or the blind worker having one or more additional work-related handicaps is not sufficiently productive to be retained, without the payment of a sub-minimum wage; and (3) that the wage floor guarantee for "individual rate" certificates should be 75 percent of the statutory minimum wage in order to ensure that handicapped workers and blind workers having one or more additional work-related handicaps will receive a subsistence level of income, and BE IT FURTHER RESOLVED, that we urge the Department of Labor, in consultation with the American Council of the Blind and the National Industries for the Blind, to develop meaningful Criteria (including administrative and judicial review) to certify the existence of a work-related handicap, (including behavioral and physical disabilities) which would prevent a blind worker from producing at the 100 percent statutory minimum wage level, and BE IT FURTHER RESOLVED, that this resolution applies only to workers employed in industry and in the regular production programs of sheltered workshops, and that this resolution does not apply to workers employed in work activity centers, and BE IT FURTHER RESOLVED, that American Council of the Blind membership Resolution 79-06 is hereby revoked, and that the officers, directors and staff of this organization are hereby directed to work toward the enactment into law of the recommendations contained herein and to communicate same to officials of the Department of Labor, National Industries for the Blind and to appropriate members of Congress. Tabled July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-09 WHEREAS, devices such as the Optacon, Versabraille, and Viewscan enhance the communications skills of blind and visually impaired persons, thereby facilitating education, employment, and leisure activities; and WHEREAS, maintenance and repair of sensory and communications aids such as the Optacon, Versabraille, and Viewscan are generally available only from the manufacturer of the device; and WHEREAS, acquisition of sensory and communications aids represents a substantial investment for individuals who purchase such equipment with the expectation that maintenance and repair will continue to be available throughout the useful life of the equipment. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization demands that manufacturers of sensory and communications aids provide continuous serviceability (including user serviceable parts) in the design of their products; and BE IT FURTHER RESOLVED, that this organization demands that manufacturers of sensory and communications aids continue to service their previously manufactured products throughout the useful life of the equipment, particularly in situations where the previously manufactured device is not functionally obsolete; and BE IT FURTHER RESOLVED, that this organization further demands that manufacturers of sensory and communications aids who are unable to provide continuous service for their previously manufactured products should provide the technical expertise and replacement parts to enable users or outside service personnel to perform maintenance and repairs; and BE IT FURTHER RESOLVED, that this organization herewith adopts the policy that henceforth manufacturers not complying with the provisions of this resolution shall be banned from opportunities to exhibit at American Council of the Blind conventions and functions. The decision to ban shall be at the prerogative of the ACB Board of Directors; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the major manufacturers of sensory and communications aids for blind and visually impaired persons. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-10 WHEREAS, home and community based health care is often less costly than institutional care and can mean the difference between living independently at home versus institutionalization for some elderly and/or disabled persons; and WHEREAS, Section 2176 of the Omnibus Reconciliation Act of 1981 permits states to apply for a Medicaid waiver which allows reimbursement for services which would otherwise not be covered by Medicaid, provided that such services would help to prevent institutionalization of the Medicaid recipient and would be no more costly than institutional care; and WHEREAS, some states have provided low vision and rehabilitation services to elderly and/or disabled persons under a Medicaid waiver, thereby avoiding the increased cost and loss of independence and dignity which would result if such individuals were forced into higher cost facilities; and WHEREAS, the Health Care Financing Administration has proposed regulations which drastically restrict the scope and type of home and community based services reimburseable under Medicaid. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization supports the Medicaid Home and Community based Services Improvement Act introduced in the 99th Congress as S. 1277 and H.R. 2863, which would allow Medicaid reimbursement for a broad range of services (not otherwise covered by federal health insurance programs) in order to assist elderly and/or disabled persons to live in their homes instead of institutions; and BE IT FURTHER RESOLVED, that this organization opposes the above referenced regulations of the Health Care Financing Administration which would severely limit the scope of services which could be provided by the states pursuant to Medicaid waiver authorization; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the Health Care Financing Administration and to the appropriate members of Congress. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-11 WHEREAS, blind and visually impaired dog guide users frequently need current information concerning a particular state's legislation regarding public access with dog guides; and WHEREAS, Guiding Eyes for the Blind, Inc., Guide Dogs for the Blind, Inc., Leader Dogs for the Blind, Inc., and The Seeing Eye, Inc. have published a booklet entitled "A Digest of Legislation Relating to Travel with Dog Guides," which has not been updated since its publication in 1981; and WHEREAS, the information contained in the "Digest" is in some instances out-of-date resulting from changes in state public accommodations and civil rights laws. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization joins with its affiliate Guide Dog Users, Inc. to commend Guiding Eyes for the Blind, Guide Dogs for the Blind, Leader Dogs for the Blind, and The seeing Eye for publishing a digest of dog guide legislation; and BE IT FURTHER RESOLVED, that the American Council of the Blind and its affiliate Guide Dog Users, Inc. urge these schools and/or other dog guide training facilities to review the contents of the "Digest" and to republish the booklet or an addendum as necessary; and BE IT FURTHER RESOLVED, that the officers, directors and staff of the American Council of the Blind are hereby directed to communicate this resolution to the major dog guide schools in the United States. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-12 WHEREAS, the American Council of the Blind has been actively involved In the development of Sections 501, 503, and 504 of the Rehabilitation Act and their Implementing regulations which apply to a limited number of employers and whose protections against discrimination have been eroded by the courts; and WHEREAS, Title VII of the Civil Rights Act of 1964 as amended guarantees to women, racial and ethnic minorities protection against employment discrimination, which applies to the vast majority of employers in the U.S., but does not adequately address such issues as reasonable accommodation and architectural and communication barrier removal; and WHEREAS, handicapped individuals need and are entitled to effective, reasonable accommodations and barrier removal in order to successfully compete in the work place; and WHEREAS, handicapped individuals are entitled to comprehensive civil rights protections whether contained in Title VII or in separate legislation tailored to meet the unique aspects of handicapped employment discrimination and extending to the broadest spectrum of employers. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that the officers, directors and staff of this organization are hereby directed to develop or support comprehensive civil rights legislation which contains meaningful definitions, standards, and remedies specifically tailored to most effectively address the problem of employment discrimination on the basis of handicap; and BE IT FURTHER RESOLVED, that this resolution supplements and extends the American Council of the Blind's policy with regard to the civil rights of handicapped persons. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-13 WHEREAS, Section 1619 of the Social Security Act allows disabled persons who are eligible for SSI benefits to continue to receive Medicaid benefits while working; and WHEREAS, many SSI recipients are unaware of the fact that they can work without fear of losing their Medicaid benefits; and WHEREAS, the loss of Medicaid benefits is a great hardship for those individuals who are unable to afford or to obtain private health insurance; and WHEREAS, the Section 1619 Program will expire in June 1987 unless reauthorized by the Congress. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada that this organization supports the Employment Opportunities for Disabled Americans Act, introduced in the 99th Congress as H.R. 2030, which makes permanent the Section 1619 program and which also creates two demonstration grant programs: the first, to encourage employers to retain their employees after the onset of a disability; and the second, to help states promote the hiring of persons receiving Supplemental Security Income or Social Security Disability Insurance benefits; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to members of the House Committee on Ways and Means and the House Subcommittee on Select Education and to other appropriate members of Congress. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-14 WHEREAS, many elderly persons find reading small print with poor contrast difficult; and WHEREAS, many persons with low vision find such print difficult to read; and WHEREAS, the Internal Revenue Service, as an agency of the Federal government, has an obligation to make its forms accessible to visually impaired and elderly persons. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization urges the Internal Revenue Service to change its W-2 and W-2p forms which are currently extremely difficult to read so as to make them more legible by printing them in black ink on white paper; and BE IT FURTHER RESOLVED, that the Internal Revenue Service shall, as a matter of policy, make those of its forms usually distributed to the public, legible for elderly and visually impaired persons; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the Commissioner of the Internal Revenue Service and the Secretary of the Department of the Treasury. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-15 WHEREAS, a significant number of visually impaired persons are members of ethnic and racial minority groups; and WHEREAS, visually impaired individuals from such groups have the problems and barriers imposed by visual impairment compounded by their minority status; and WHEREAS, appropriate and authentic representation of visually impaired individuals from minority groups on the American Council of the Blind Board of Directors and staff is necessary to ensure that special minority issues and concerns are addressed. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization encourages its Board, staff, affiliate organizations and members to recommend qualified visually impaired individuals from minority groups for election to the Board and/or to serve in staff positions; and BE IT FURTHER RESOLVED, that the American Council of the Blind Board of Directors is directed to set forth ways and means which will serve to encourage greater involvement of minority groups; and BE IT FURTHER RESOLVED, that copies of this resolution and a report of progress made toward its implementation shall be presented in braille, in large print and on tape to the 1986 Nominating Committee prior to its deliberations. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-16 WHEREAS, visually impaired persons must rely more heavily on public transportation because of their inability to drive; and WHEREAS, the Senate of the United States in its budget resolution recommends reduction of Federal subsidies for mass transportation of 75 percent; and WHEREAS, such a cut could seriously jeopardize special transit services for the disabled including large print, recorded and braille transit schedules; and WHEREAS, the American Council of the Blind has, through resolution 84-28, advocated the encouragement of intra-city transit accessibility for visually impaired persons. NOW, THEREFORE BE IT RESOLVED by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization urges all members and affiliates to support the fiscal year 1986 house budget resolution with respect to level funding for mass transit services; and BE IT FURTHER RESOLVED, that the officers, members and staff of this organization are directed to communicate this resolution, as a matter of priority, to the conference committee members presently considering the fiscal year 1986 budget. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-17 WHEREAS, the Amateur Sports Act of 1978; Section 201(b)(8) requires that national organizations offering sports programs provide for 20 percent athlete representation on their governing boards; and WHEREAS, the U.S. Olympic Committee has failed to apply this statutory requirement to organizations representing disabled athletes; and WHEREAS, the many national bodies offering sports programs to disabled persons have made provisions for more than 20 percent disabled athlete representation on their governing boards. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 12th day of July 1985, in Las Vegas, Nevada, that this organization condemns the U.S. Olympic Committee for its failure to treat organizations representing disabled athletes with respect to the composition of their governing bodies in a like manner with organizations representing non-disabled athletes; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to members of the U.S. Olympic Committee, to the Board of Directors of the U.S. Association of Blind Athletes and to appropriate members of Congress. Adopted July 12, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-18 WHEREAS, in 1985 approximately thirty-six million Americans will receive benefits administered by the Social Security Administration and it is estimated by 1990 there will be approximately forty million beneficiaries, and WHEREAS, the Social Security Administration (SSA) has announced its intention to close or downgrade 770 of its 1340 local offices; and WHEREAS, this reduction in staffing and service to beneficiaries will greatly affect the ability of blind and other disabled claimants to obtain personal assistance in completion of applications, appeals and other Social Security inquiries; and WHEREAS, in 1983 the Senate Special Committee on Aging found that, over a five year period, one in five Social Security beneficiaries received incorrect payments due to administrative error; and WHEREAS, adequate staffing of the Social Security Administration is essential to prevent underpayments or overpayments to beneficiaries. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization supports Senate Resolution 174, introduced in the 99th Congress, which expresses opposition to the Social Security Administration's intention to close or downgrade Social Security offices; and BE IT FURTHER RESOLVED, that this organization should cooperate to the fullest extent possible with the Save Our Security Coalition in its efforts to prevent this reduction of service to beneficiaries; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to appropriate Social Security Administration officials and to appropriate members of Congress. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-19 WHEREAS, the United States Supreme Court recently held in Atascadero Hospital versus Scanlon that a state may not be sued under Section 504 of the Rehabilitation Act because of the doctrine of sovereign immunity contained in the Eleventh Amendment of the U.S. Constitution; and WHEREAS, the most effective and important legal remedy for discrimination on the basis of handicap under Section 504 of the Rehabilitation Act is a lawsuit in the Federal courts; and WHEREAS, states should not be protected by the courts from the legal consequences of their unlawful conduct; and WHEREAS, the Supreme Court has stated that Congress can waive the Eleventh Amendment as it applies to the states. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization should develop or support legislation which clearly establishes Congress's intent that the Eleventh Amendment to the U.S. Constitution does not prevent a state or its political subdivisions, which receive federal financial assistance, from being sued in the courts as a result of discrimination on the basis of handicap; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the appropriate members of Congress. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-20 WHEREAS, marijuana is claimed by some patients and medical researchers to have been efficacious in the management of glaucoma; and WHEREAS, under current laws and regulations, patients can obtain marijuana for purposes of glaucoma treatment only if they are part of a research project which involves a substantial paperwork burden for the treating physician and delays in obtaining this therapeutic modality. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization supports H.R. 2232, introduced in the 99th Congress, which establishes a strictly controlled, federally sanctioned distribution system for marijuana to be used in the treatment of glaucoma and the relief of side effects associated with chemotherapy; and BE IT FURTHER RESOLVED, that this resolution in no way should be construed as an endorsement of the recreational or medically unsupervised use of marijuana; and BE IT FURTHER RESOLVED, that this organization takes no position as to the efficacy of marijuana in the treatment of glaucoma, but does state this organization believes that the use of marijuana or any other conventional therapy for the control of glaucoma is a decision to be made solely by the glaucoma patient and his/her treating physician; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to communicate this resolution to the appropriate members of Congress. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-21 WHEREAS, bioptic telescopes have enabled visually impaired persons to drive safely thus Increasing their mobility, Independence and income-earning potential; and WHEREAS, several states already have specific provisions for evaluating and, where appropriate, issuing drivers' licenses to qualified visually impaired persons; and WHEREAS, the U.S. Department of Transportation has recently ruled that states may lose highway funding if they continue to violate Section 504 of the Rehabilitation Act of 1973 as amended by excluding as a class drivers who use bioptic telescopes; and NOW, THEREFORE BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization (1) strongly endorses and supports the principle that each visually impaired person's suitability for driving with bioptic telescopes should be evaluated individually; (2) commends those states that have provisions which adhere to this principle; and (3) urges states that do not have such provisions to develop, adopt and implement them with all deliberate speed; and BE IT FURTHER RESOLVED, that the officers, staff and directors of this organization are hereby directed to communicate the substance of this resolution to appropriate state, Federal and local agencies. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-22 WHEREAS, directional tiles can increase the safety and comfort of blind and visually impaired travelers in navigating environments which include curb cuts, bus stops, and subway stations; and WHEREAS, a system of directional tiles consisting of raised dots and bars detectable by the foot through the sole of the shoe has been developed by Guidance Systems, Inc., known as "Pathfinder tiles," which is similar to a system successfully used by blind and visually impaired travelers in Japan since 1968; and WHEREAS, the "Pathfinder" tile system was exhibited at the 1985 American Council of the Blind convention and was enthusiastically received by hundreds of conventioneers. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization recommends that directional tiles be incorporated into the accessibility standards and regulations by the Architectural and Transportation Barriers Compliance Board (ATBCB) and American National Standards Institute (ANSI), with serious consideration given to "Pathfinder" tiles; and BE IT FURTHER RESOLVED, that the barrier removal task force of the American Council of the Blind, created by Resolution 78-03, is directed to work with ATBCB and ANSI on the development of such standards and regulations. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-23 WHEREAS, the need for research to enhance the subject of prevention of blindness is apparent; and WHEREAS, the impact of public service announcements is not sufficient to stimulate the necessary action to accomplish this purpose; and WHEREAS, the cost of large scale, commercial advertising is prohibitive; and WHEREAS, the Missouri Council of the Blind, the Illinois Council of the Blind, the Pennsylvania Council of the Blind, Aloha Council of the Blind and Visually Impaired, Badger Association of the Blind, Council of Blind Lions, American Council of the Blind of California, Iowa Council of the Blind, Maine Fraternal Association of the Blind, ACB of Colorado Inc., Arkansas Council of the Blind, Louisiana Council of the Blind, Delaware Council of the Blind and Visually Impaired and the North Dakota Association of the Blind Inc, have endorsed this resolution; and WHEREAS, endorsement by the American Council of the Blind would materially advance the credibility of the efforts of the Friends of Eye Research. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization commits itself to further and endorse a national eye research telethon, initiated by Friends of Eye Research Inc., whose objective shall be to promote the prevention of blindness through scientific research and promote better vision through research; and BE IT FURTHER RESOLVED, that the American Council of the' Blind will only support such telethon if the American Council of the Blind Board of Directors is empowered by the Board of Friends of Eye Research to examine, edit and reject any material intended for consumption by members of the public; and BE IT FURTHER RESOLVED, that failure to receive this level of involvement shall negate any implicit or explicit support implied or granted by this resolution. Defeated July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-24 WHEREAS, access to information regarding emergency exits and oxygen on aircraft is now being provided by some airlines in braille, large print, and/or cassette. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization commends those airlines making such material available to blind and visually impaired persons and strongly encourages all other airlines to make this kind of information available in appropriate media; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby directed to make the substance of this resolution part of the priority training currently in progress with airlines; and BE IT FURTHER RESOLVED, that state and special interest affiliates of the American Council of the Blind are encouraged to provide technical assistance in providing braille or recording for airlines in their areas or with which they frequently do business. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-25 WHEREAS, the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973 require that all buildings, facilities and programs funded by the Federal government be accessible to, and usable by, all Americans including those who are visually impaired or have other handicaps; and WHEREAS, the United States Architectural and Transportation Barriers Compliance Board (ATBCB) has been designated as the agency to establish minimum Federal guidelines for making all such buildings and facilities accessible to handicapped persons including those who are visually impaired; and WHEREAS, the Council of Citizens with Low Vision and the American Council of the Blind responded to the ATBCB's request to assist its contractor, Georgia Tech University, in researching the best way to Provide signage and other way-finding information for visually impaired citizens; and WHEREAS, this research has not yet resulted in development of minimum standards for accessibility to buildings or other federally funded facilities by visually impaired citizens. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization requests that the Architectural and Transportation Barriers Compliance Board proceed immediately with dissemination of research and recommendations from its "Projects on Signage for the Visually Handicapped" and on "Orientation and Way-finding"; and BE IT FURTHER RESOLVED, that the ATBCB is encouraged to proceed with any additional research or other action necessary to establish guidelines for signage and way-finding information for visually Impaired citizens; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are instructed to communicate this resolution to members and staff of the ATBCB, to the secretary of the U.S. Department of Education and the secretary of the U.S. Department of Defense and to other appropriate government officials and members of Congress. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-26 WHEREAS, for those who read it, braille ought to be and is the primary means of communicating information; and WHEREAS, the American Council of the Blind ought, as a matter of principle, to make every effort to provide materials in appropriate media to its members at its annual convention. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization hereby directs the American Council of the Blind coordinator and the American Council of the Blind Convention Host Committee to ensure that material is available in braille to all members who desire it at all future annual conventions; and BE IT FURTHER RESOLVED, that equipment for producing multiple copies of such material is present at all future conventions; and BE IT FURTHER RESOLVED, that such material as last minute meeting room changes, which are made prior to the start and throughout the annual convention, shall be presented to convention registrants in braille. Referred to Board of Directors July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-27 WHEREAS, federal laws and/or regulations currently prohibit federal contractors from selling products at a price which is different from that charged to the federal government which currently prevents braille book producers from offering materials produced for the National Library Service for sale at a lower price to consumers of braille; and WHEREAS, there is considerable interest among consumers in acquiring braille materials of their own if prices can be made more competitive; and WHEREAS, braille readers ought to be afforded the opportunity to acquire books of their own at prices that do not differ substantially from the price of hardcover print books. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization urges braille book producers to seek all appropriate means to broaden the range of braille materials available for purchase; and BE IT FURTHER RESOLVED, that the officers, directors and staff of the American Council of the Blind are hereby instructed to communicate this resolution to all major braille printing houses, to the Director of the National Library Services for the Blind and Physically Handicapped Division of the Library of Congress and to other appropriate agencies and individuals. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-28 WHEREAS, the Florence Agreement of 1950 as amended by the Nairobi Protocol of 1976 permits duty free import into the U.S. of all materials specifically designed for the education, employment, and social advancement of physically or mentally handicapped persons; and WHEREAS, the 1982 omnibus tariff legislation which authorizes implementation of the liberalized provisions of the Nairobi Protocol expires on August 12, 1985; and WHEREAS, blind and visually impaired persons in the U.S. benefit from the duty free import of technological aids such as braille watches and low vision aids; and WHEREAS, legislation has been introduced which authorized continuation of duty free import of aids for handicapped persons, despite the fact that many of our trading partners do not accord similar treatment to American made products. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization supports the Educational, Scientific and Cultural Importation Act of 1985, introduced in the 99th Congress as S. 1274 and H.R. 2885, which extends the authority to implement Section E of the Nairobi Protocol as described above; and BE IT FURTHER RESOLVED, that the officers, directors and staff of this organization are hereby instructed to communicate this resolution to appropriate members of Congress and to the North American delegation of the World Blind Union, with a recommendation to the World Blind Union to urge its member countries to ratify and implement Section E of the Nairobi Protocol. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-29 WHEREAS, persons with diabetes often encounter severe podiatric complications associated with circulatory insufficiency; and WHEREAS, special footwear is presently not reimbursable under Medicare. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization supports H.R. 2543, Introduced in the 99th Congress, which amends Title XVIII of the Social Security Act to authorize Medicare payment for therapeutic shoes for individuals with severe diabetic foot disease; and BE IT FURTHER RESOLVED, that the officers, staff and directors of this organization are instructed to communicate this resolution to appropriate members of Congress. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-30 WHEREAS, all members of the American Council of the Blind who attended the 1985 convention of the American Council of the Blind have been impressed by the dedication and willingness to help of the staff and management of the Holiday Inn Hotel and Holiday Casino as well as the several overflow hotels. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind that this organization wishes to expresses its sincere appreciation to all in the hotels who have made our stay such a pleasant one; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be transmitted to all the hotel managements and that the officers, directors and staff of this organization are instructed to communicate our heartfelt thanks to all concerned. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-31 WHEREAS, this organization recognizes the amount of hard work and effort that must go into the hosting of a national convention of this size; and WHEREAS, the host committee this year as well as the convention coordinator have managed to arrange for a smooth, effective and well-coordinated convention; NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that this organization wishes to express its deep appreciation for the two years of effort; BE IT FURTHER RESOLVED, that this organization congratulates the Nevada Council of the Blind and the host committee in particular for the excellent job they have done; BE IT FURTHER RESOLVED, that copies of this resolution should be sent to all chapters in Nevada and to all members of the host committee; and BE IT FURTHER RESOLVED, that this organization asks that the host committee convey to all organizations and individuals who volunteered so much time to assist those attending this convention that the American Council of the Blind deeply appreciates all their efforts. Adopted July 13, 1985. AMERICAN COUNCIL OF THE BLIND RESOLUTION 85-32 WHEREAS, national elections constitute one of the most significant and essential functions of the ACB national convention; and WHEREAS, business conducted on the last Saturday of the convention is of primary interest to all attendees; and WHEREAS, airline flight schedules are, more often than not, beyond our control, requiring many of the conventioneers to leave early on Saturday, thereby forfeiting the opportunity to exercise their vote. NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled on this 13th day of July 1985, in Las Vegas, Nevada, that all elections of the American Council of the Blind be held on the final Friday of each convention. Defeated July 13, 1985.