The Braille Forum Vol. XVIII July, 1979 No. 1 Published Monthly by the American Council of the Blind Mary T. Ballard, Editor President: Oral O. Miller 3701 Connecticut Avenue, N.W. Suite 236 Washington, DC 20008 National Representative: Durward K. McDaniel 1211 Connecticut Avenue, N.W. Suite 506 Washington, DC 20036 (202) 833-1251 Editor: Mary T. Ballard 190 Lattimore Road Rochester, NY 14620 (716) 244-8364 The Braille Forum seeks to promote the independence and dignity of all blind people; to stress responsibility of citizenship; to alert the public to the abilities and accomplishments of the blind. The Braille Forum carries official news of the American Council of the Blind and its programs. It is available for expression of views and concerns common to all blind persons. ***** ** Contents ACB Officers Contributing Editors Notice to Subscribers Report from the ACB President Southeastern Community College v. Davis: What Does It Mean?, by Kathy Megivern NAVH -- Advocate for the Partially Seeing, by Harriet Penner Fielding The Juicy Story That Got Away, or the Return of Clamorhorn, by Kathy Megivern Tragedy Strikes the Krauses The Subminimum Wage Issue Use of Canes Questioned Triumph of Spirit Carter Acts -- Kennedy Reacts, by Kathy Megivern Disabled Rights Proposed Research and Training Center for Blindness and Severe Visual Disability Burt L. Risley Resigns Hyde Park Corner: "The Great Generic Takeover": A Rebuttal, by Marjorie Fiorino "There But for the Grace of God ..." by Irwin Lutzky Here and There, by Elizabeth M. Lennon ***** ** ACB Officers * President: Oral O. Miller, 3701 Connecticut Avenue, N.W., Suite 236, Washington, DC 20008 * First Vice President: Delbert K. Aman, 115 Fifth Avenue, S.E., Aberdeen, SD 57401 * Second Vice President: Dr. Robert T. McLean, 2139 Joseph Street, New Orleans, LA 70115 * Secretary: M. Helen Vargo, 833 Oakley Street, Topeka, KS 66606 * Treasurer: James R. Olsen, 6211 Sheridan Avenue, S., Minneapolis, MN 55423 ** Contributing Editors George Card, 605 S. Few Street, Madison, WI 53703 Elizabeth Lennon, 1315 Greenwood Avenue, Kalamazoo, MI 49007 Reese H. Robrahn, 7809 Bristow Drive, Annandale, VA 22003 ***** ** Notice to Subscribers The Braille Forum is available in braille, large-type, and two recorded editions -- flexible disc (8 1/3 rpm), which may be kept by the reader, and cassette tape, which must be returned so that tapes can be re-used. As a bimonthly supplement, the flexible disc edition also includes ALL-O-GRAMS, newsletter of the Affiliated Leadership League of and for the Blind of America. Send subscription requests and address changes to The Braille Forum, 190 Lattimore Road, Rochester, NY 14620. Items intended for publication may be sent in print, braille, or tape to Editor Mary T. Ballard at the above address. Those much-needed and appreciated cash contributions may be sent to James R. Olsen, Treasurer, c/o ACB National Office, 1211 Connecticut Avenue, N.W., Suite 506, Washington, DC 20036. You may wish to remember someone by sharing in the continuing work of the American Council of the Blind. The National Office now has available special printed cards to acknowledge to loved ones contributions made in memory of deceased persons. Anyone wishing to remember the American Council of the Blind in his or her Last Will and Testament may do so by including in the Will a special paragraph for that purpose. If your wishes are complex, you or your attorney may wish to contact the ACB National Office. ***** ** Report from the ACB President Readers of The Braille Forum who will not be able to attend the 1979 national convention of the American Council of the Blind will miss an address by one of the great Americans of our time, Mr. Clarence Mitchell, the recently retired director of the Leadership Conference on Civil Rights. His banquet address will be recorded and, as in the past, will be available on terms to be announced in the next issue of The Braille Forum. The esteem in which Mr. Mitchell is held by the media and others is reflected in the fact that they refer to him as the "101st Senator." I am pleased to report that the representative of the American Council of the Blind played a very important role during the conference recently conducted by the National Library Service for the Blind and Physically Handicapped. The purpose of the conference, which was held in Washington, D.C., was to obtain input from blind readers as well as librarians and volunteers regarding the development of library collections and services. As the conference progressed, National Library Service staff personnel turned more and more to the ACB representative, a member of the Florida Council of the Blind, for well-considered and articulate reactions to all the issues being considered. The fact that she was listened to so carefully is another indication of the increasing stature of the American Council as a representative and spokesman of the blind. An article as short as this one cannot possibly list all of the activities in which the ACB has participated as an outspoken advocate for the rights of the blind. However, one example which deserves mention is the action which we recently took with the Office for Civil Rights of the Department of Health, Education and Welfare, in behalf of a blind teacher in Wisconsin, whose former employer has steadfastly refused to re-employ him now that he is blind, although he has demonstrated that he can satisfactorily perform his duties. The attitude of the Office for Civil Rights is that it is very reluctant to intervene in behalf of handicapped individuals, as contrasted with groups or classes of handicapped individuals. While we can appreciate that the Office for Civil Rights cannot become involved in every individual case presented to it, we are pressing it to take action in this case because the class or group approach will never remedy any wrongs suffered by individuals, and because the selective enforcement of the rights of individuals will be extremely valuable as an example of what will be done if other recipients of Federal assistance continue to discriminate on the basis of handicap. In an earlier issue of The Braille Forum, I asked readers to send me information regarding ways in which they or others have been discriminated against by insurance companies. To date I have received a number of letters, but I need more to document the position we will probably take with the Hartford Company. I want to commend the radio reading service serving the St. Louis area, which discussed the topic of insurance discrimination on its call-in talk show and sent me a tape of the program. That single tape contained the experiences of many blind people. Oral O. Miller, President ***** ** Southeastern Community College v. Davis: What Does It Mean? By Kathy Megivern The first Supreme Court decision dealing with Section 504 of the Rehabilitation Act of 1973 was handed down on Monday, June 11. The case, Southeastern Community College v. Davis, involved a suit by a hearing-impaired woman who sought admission to a training program leading to certification as a registered nurse. The college refused her admission on the basis of her hearing impairment. She brought suit alleging a violation of Section 504, which prohibits discrimination against an "otherwise qualified handicapped individual." The District Court found that Ms. Davis's hearing impairment prevented her from safely performing both in the training program and as a nurse. Therefore, she was found not to be an "otherwise qualified handicapped individual." The Court of Appeals reversed, holding that in light of the intervening Section 504 regulations, the school should consider her application for admission without regard to her hearing impairment, basing their decision solely on her technical and academic qualifications. In a unanimous opinion by Justice Powell, the Supreme Court reversed the Court of Appeals, holding that there had been no violation of Section 504. The Court looked at the language and the legislative history of Section 504 and concluded that nothing therein would "limit the freedom of an educational institution to require reasonable physical qualifications for admission to a clinical training program." Although the facts in this case deal very specifically with a clinical program, the language of the Court is at times dangerously broad. "Section 504 by its terms does not compel educational institutions to disregard the disabilities of handicapped individuals or to make substantial modifications in their programs to allow disabled persons to participate." The Court made a distinction between "evenhanded treatment of qualified handicapped persons and affirmative efforts to overcome the disabilities caused by handicaps." The Justices found that the language of Section 504 mandates only this "evenhanded treatment"; no affirmative efforts. They reached this conclusion by looking at other sections of the Rehabilitation Act of1973 where affirmative action is clearly required, such as Section 501 (b) and 503 (a). It is noted that under Section 501 (c), state agencies such as Southeastern are "encourage[d] ... to adopt such policies and procedures." But the absence of any references to affirmative action in Section 504 seems to the Court to have been a purposeful omission. According to this reasoning, then, 504's "otherwise qualified handicapped person is one who is able to meet all of a program's requirements in spite of his handicap." In examining HEW's regulations implementing Section 504, the Court finds that there is no requirement of affirmative action imposed. More important than this conclusion, however, is the Court's observation about HEW's rulemaking authority: "Accordingly, we hold that even if HEW has attempted to create such an (affirmative action) obligation itself, it lacks the authority to do so." The Court pointed out that HEW had failed to issue regulations on Section 504 until enjoined to do so. This was viewed as greatly weakening the subsequent arguments made by HEW (in an amicus curiae brief) in defense of the regulations. The Court's treatment of this issue may well invite a flood of litigation on the validity of various parts of the 504 regulations and, indeed, on whether HEW has any authority whatsoever to engage in rulemaking under Section 504. While the court never deals directly with the issue of the costs involved in modifying programs to accommodate handicapped persons, it can easily be inferred that the Justices are concerned about such expenses. However, it must also be noted that the refusal to require "modifications" extends even to curricular changes (such as not requiring a specific clinical course). This type of modification involves no financial expense for the university, but the Court is unwilling to require such accommodations. Rather than recognizing such curricular changes merely sets different standards, Justice Powell describes these modifications as causing standards to be "substantially lowered." In a footnote, the Supreme Court quotes at some length from the Court of Appeals opinion, wherein it was stated that there were many settings in which Ms. Davis could function quite well as a registered nurse (e.g., in a doctor's office). Without commenting on this contention, the Supreme Court upholds Southeastern's requirement that each graduate must be able to perform in any possible setting in which a registered nurse would perform. It must be remembered that, despite the Court's broad language, this case involved clinical training and there were frequent references to patient safety. Therefore, one should not assume that the same reasoning would apply to curricular modifications in a liberal arts program or the study of law. Such "lower standards" are already common in other situations (e.g., many universities allow liberal arts students to fulfill their science requirements with non-laboratory courses). It has been demonstrated that even clinical and laboratory requirements can be adjusted and modified without having the quality of a program suffer —for instance, in the case of the blind student who attended Temple University's Medical School, with the ultimate goal of becoming a psychiatrist. Fortunately, Temple did not strictly adhere to Southeastern's policy of admitting only students who "could serve the ... profession in all customary ways." The Court says that this policy is "shared by many, if not most of the institutions that train persons to render professional service." Without commenting upon the appropriateness of such a policy, and without examining the possible discriminatory results to which such a policy can lead, the Court seems to say that because it is widely practiced, it is acceptable. Another very disturbing conclusion reached by the Court involves the HEW Section 504 regulation which requires recipients of Federal funds to provide certain auxiliary aids. The regulation specifically uses the example of interpreters for the deaf and readers for the blind, but goes on to say that such aids are not required to be provided for "personal use or study." In what seems a questionable interpretation of this exception, the Court concludes "that nothing less than close, individual attention by a nursing instructor would be sufficient" to allow Ms. Davis to take part in the clinical training, and, therefore, such individual attention is the sort of "personal use" which the regulations say is not required. Obviously, when the regulation speaks of "personal use," it means use for non-academic activities. Individual attention will frequently be a necessary part of the auxiliary aids contemplated by the regulation, and an integral part of a student's academic activities. It is still too early to assess the full legal implications of Davis. Initial media reaction was melodramatic, with headlines proclaiming that the handicapped had been barred from schools, dealt a devastating defeat, etc. On the other hand, some persons dismissed the case as being only an insignificant setback. It seems clear that the real meaning of Davis will be found somewhere in between these extremes. However, the tone of the case reflects a very un-raised consciousness on the part of our Supreme Court toward the civil rights of handicapped people. This is perhaps best demonstrated by the language which leads off Justice Powell's closing paragraph: "One may admire respondent's desire and determination to overcome her handicap, and there well may be various other types of service for which she can qualify." Since the Court repeatedly emphasized its reliance upon the "clear language" of Section 504, the negative impact of the Davis opinion could be modified by simply amending the language involved. However, it must be noted that such legislative action would face an extremely difficult battle in the current, highly conservative Congress. While legislative modifications are definitely an alternative, they must be carefully considered by civil rights leaders and will require much hard work. ***** ** NAVH -- Advocate for the Partially Seeing By Harriet Penner Fielding "The National Association for the Visually Handicapped is the only national, voluntary health agency in the United States devoted solely to the partially seeing," says Mrs. Lorraine Marchi, founder and executive director of the nonprofit, national organization. NAVH has its roots in San Francisco, but the celebration of its 25th anniversary will be nationwide, with festivities scheduled in San Francisco for June 9. HISTORY -- Originally known locally as "Aid to Visually Handicapped," NAVH came about as the result of a mother's concern in helping her son and other children with low vision. She discovered that there were practically no large-print textbooks available in the San Francisco school system. Mrs. Marchi decided to remedy the situation by supplying large-print books to these children. With the loyal support of San Francisco clubs and interested organizations, Mrs. Marchi began printing books on a borrowed press at a San Francisco hospital. Several months later, her loyal supporters purchased a press for her use, which was installed in the basement of her home. As the program grew, it became necessary to find larger quarters, and it was at that time that NAVH moved to its building located at 3201 Balboa Street, San Francisco, now the regional office of the National Association for Visually Handicapped. The building will soon be dedicated as the "Ruth Anne Rosenberg Center for the Visually Handicapped." In order to expand services to the partially seeing, Mrs. Marchi moved to New York City in 1973, and it is from the New York office that the advocacy, public relations, and other services for the partially seeing now emanate throughout the world. LARGE-PRINT BOOKS -- The original service to the partially seeing is still operative and is a cooperative venture between San Francisco and New York. In the 25 years of its existence, NAVH has produced over 135,000 large­print (18-point type) volumes, of 432 titles. They have been placed in schools, senior centers, libraries, institutions, and given without charge to individuals upon request. Informative pamphlets and brochures (some in large-type) are printed on an ongoing basis and distributed to the partially seeing, the general public, and professionals and paraprofessionals who work with the partially seeing. Four juvenile books written with partially seeing children as principal characters are the first with this theme and are in the NAVH library for circulation. One of the recent accomplishments of NAVH was to prod the Social Security Administration into publishing an information pamphlet in large-print about the Supplemental Security Income (SSI) program. It also acts as a consultant for commercial publishers of large-print books, such as Doubleday and G.K. Hall and Co. SAN FRANCISCO REGION -- The San Francisco office, under the direction of Ms. Marla Long, California Program Coordinator, has expanded services for the state of California beyond the original large-print books for juveniles. One of the most successful programs is a discussion group held weekly for older adults, some of whom have had difficulty in adjusting to a decline in sight. A licensed clinical social worker is the group leader, and group members have been able to pinpoint similar problems and work them out. Ms. Long was the co-author of an article about the NAVH group which was published in the January, 1978 issue of Journal of Visual Impairment and Blindness (American Foundation for the Blind). The San Francisco office offers counseling and guidance through the provision of information on services offered by NAVH, as well as other local and state services. The young low-vision person is not neglected, by any means. A comprehensive program is offered for youngsters from age 13. Cultural, educational, and social activities are offered and, in addition, a group "rap" session, all on a regular basis during after-school hours. NAVH also has discussion groups for parents of children with low vision. Mutual problems and frustrations inherent in raising the partially seeing child are shared and discussed. NEW YORK OFFICE -- As the national clearing house for information, NAVH provides information and referral services, as well as distributing its material throughout the United States (except California) and most of the English-speaking world. It acts as an advocate for the protection of civil rights for the partially seeing individual with government agencies at all levels. Adult discussion groups are offered -- meeting on alternate weeks for the older person in the afternoon and for college and working people in the early evening hours. A limited program is also available for youngsters between the ages of 6 and 18. FINANCIAL SUPPORT -- The NAVH program is made possible through tax-deductible contributions from individuals, clubs and foundations, from bequests, and from the sale of greeting cards and note paper. No monies are received from any governmental source or united drive appeals. AMAZING STATISTICS -- These surprising statistics are quoted in one of the NAVH pamphlets: There are approximately 6,400,000 Americans with a visual impairment. Of these, 478,800 are legally blind, with over 75% having some usable residual vision. The balance, less than 120,000, are totally blind. Therefore, 6,300,000 are considered partially seeing, with over 5,900,000 not even considered legally blind and thus not eligible for the benefits and services afforded to the legally blind. NAVH takes the position that, in order not to dilute services to the fifteen partially seeing to one legally blind person in the United States, one agency (NAVH), and one agency alone, should be the clearing house for all services to the partially seeing, since the majority of their needs differ substantially from the needs of the blind. ***** ** The Juicy Story That Got Away, Or The Return of Clamorhorn By Kathy Megivern "Hello! This is Clamorhorn, nationally respected spokesperson for the blind. I've got a big story for you this time, some juicy stuff." He had my attention. "Please go on, Mr. Clamorhorn. Tell me more." Well, we've obtained some top-secret documents from enemy camp about a new bogus corporation set up to defraud Americans." "Top-secret documents? How did you get them — a source on the inside, a Benedict Arnold, a tapped phone?" "Well, not exactly. Actually, most of the stuff came from public records. But it's all so skillfully camouflaged that only we could make it add up to this." "Add up to what?" "Chicanery! Nepotism! Corruption!" As usual, the man had me thoroughly confused. "Perhaps you should start at the beginning. Now, what's this about a bogus corporation?" "Well, they deviously thought that by giving this dummy organization a new and complicated name they could fool us. But it didn't work!" "What are the groups involved?" I asked. "The new organization," he responded, "which we can prove beyond a reasonable doubt is associated with the American Council of the Blind, is called the American Council of the Blind Enterprises and Services. Tricky, eh?" "Tricky? It must have taken a lot of research to link those two together." My stinging wit was obviously wasted here, so I continued: "What's this about nepotism? There's always a good story where that's involved." "Oh, it's good, all right!" he said. "The National Representative's wife works full-time as office manager." "Hmm! That sounds interesting. I suppose she's being paid some exorbitant salary. What is it -- $20,000 a year?" "No," he replied quietly. "$30,000?" I could smell blood and was definitely interested. "No." His response was curiously subdued. "My goodness! More than $30,000?" "Well, not exactly." "Then what, exactly?" I asked. "Well, she's a full-time volunteer." "A full-time volunteer! How unethical can you get!" I was immediately sorry I had said this, as his voice puffed with satisfaction. He obviously believed his own stuff. "Well, suppose we forget the nepotism for now and move on to your other charges. How about the chicanery?" "Okay," he said. "How's this for a real setup? Imagine a not-for-profit corporation owning another corporation which is obviously engaged in raising money." "Hmmm! That sounds familiar. Didn't I read about that in Barrons? I think it was called Fedco, wasn't it?" "No! Not that chicanery!" He was shouting again. "I'm talking about the American Council of the Blind Enterprises and Services." "Okay!" I said soothingly. "I'm sorry. I had my crooks mixed up for a minute there. Please go on." "All right," he said. "This group, ACBES, is actually a front for a corrupt lighthouse." He was whispering conspiratorially now. "How do you know this?" I asked. "Well, it's obvious. They even rent space from the lighthouse -- directly funneling their money back into the corrupt hands!" "Now let me get this straight. This lighthouse gets the money earned by this non-profit ACBES under the guise of rent. Hmmm! How much? $5,000 a month?" "Well, not exactly." I could feel it coming again. "Then what, exactly?" I asked. "Fifty dollars a month." "Wow! At that rate, those corrupt lighthouse people will have themselves a Mercedes Benz in about ... 33 years. Listen, Mr. Clamorhorn, it really is getting late. Do you have any other tips that just can't wait?" "Well, there are the falsified documents." He was whispering again. "They filed this report about fund-raising in the District of Columbia and all they listed were the measly proceeds from some reception on Capitol Hill. And they talk about full disclosure!" "Well, that could be serious," I said. "Not reporting other fund-raising activities. Don't they send out ties, or is it a plea from Pat Boone?" "No!" He was shouting again. "Well, then, what's their angle?" I asked. "Plastic salt and pepper shakers? Carwashes? Bake sales?" I knew from the silence at the other end of the phone that once again I had gotten my crooks mixed up and somehow the juicy story had eluded me. "No more questions," he snapped. "You can read it all in the June issue of our magazine." "Isn't that the one that's called The Shadow of Truth? Hello ... Hello ...?" ***** ** Tragedy Strikes the Krauses Verna Elizabeth Powell, the 28-year-old daughter of Bettye and David Krause of Washington, D.C., was murdered on May 31, 1979. She was found beaten to death beside a highway on the outskirts of Albuquerque, New Mexico, where she was living at the time. The crime remains unsolved to the present time. In accordance with Verna's wishes, the body was cremated and the ashes interred in a corner of the grave of Bettye's father in Midland, Texas, where both Bettye and Verna were born. Bettye and Dave, both of whom are charter members of ACB have asked that expressions of sympathy by their friends throughout the country be in the form of a contribution to the American Council of the Blind, in Verna's memory. ***** ** The Subminimum Wage Issue (Early in June, the Department of Labor held hearings, in response to a petition by the National Federation of the Blind for revision of existing regulations, to prohibit the payment of less than the minimum wage to blind persons by any employer, including especially non-profit workshops.) The American Council of the Blind filed the following statement, and Durward K. McDaniel testified at the hearing. This Council is a national membership organization which has twelve national affiliates and 44 state affiliates, as well as members-at-large throughout the country. Some of the Council's members are employed by workshops which are operated primarily to provide employment for visually impaired persons. We commend the Department of Labor for its responsiveness to a private citizen petition for rulemaking and urge a continuation of this practice in other subject areas in which private citizen petitions will be forthcoming. Essentially, the petitioner is asking the Secretary to make a finding that the "earning or productive capacity" of all blind persons is not impaired by "age or physical or mental deficiency or injury." The petitioner asserts without documentation that "blind persons have demonstrated enough productive capacity to justify guaranteeing all of them at least the minimum wage." Apparently, the petitioner would have the Department abolish all subminimum wage certificates affecting blind persons, including those in work activities centers. These centers, by statutory definition, are intended for evaluation, training, and therapeutic employment of low-level producers. Work activities centers can assist people with limited skills to achieve their maximum employment potential in regular jobs. The 99 workshops for the blind associated with National Industries for the Blind in fiscal year 1978 employed 5,124 legally blind persons, who performed 3,177 man-years of work in direct production. These figures clearly indicate that a significant fraction of the 5,124 persons are part-time employees. Most of such part-time employees received benefits as blind or disabled persons under Title II and/ or Title XVI of the Social Security Act. Title II blind beneficiaries may earn no more than $375 per month without affecting their basic rights. Title XVI blind beneficiaries may earn a net of $85 per month, because certain expenses are deductible in computing net earnings. However, as a practical matter, such blind beneficiaries do limit their working periods in order to avoid the loss of benefits and the impairment of their eligibility for benefits. Such work disincentives are well known to Congress and to the Executive Branch, have not been dealt with adequately up to this time. Under the Fair Labor Standards Act, employers paying subminimum wages must increase those wages pro rata in accordance with statutory increases in the minimum wage. It is estimated that approximately 40% of the blind persons employed in workshops receive the minimum wage or more, and that approximately another 40% of such persons receive 75% of the minimum wage or more. In fiscal year 1978, the average wage for the 5,124 blind employees aforementioned was $2.87 per hour. That average will increase as the minimum wage increases. The Department should re-examine its practice of issuing shop certificates authorizing the payment of subminimum wages to provide adequate assurances that all blind persons affected thereby are actually being paid in accordance with their productivity. The Department also should carry out its responsibilities imposed by Section 504 of the Rehabilitation Act of 1973 to assure that all employers are fairly and uniformly extending rights and privileges for benefits and participation to all of their employees, including those who are blind and handicapped. If such employers provide fringe benefits to non-handicapped employees, such as retirement, insurance, sick leave and unemployment compensation, then the Department should require them to extend such benefits to their blind and handicapped employees. The Department has not effectively made such requirements up to this time. With respect to petitioner's general allegation about the earning and productive capacity of all blind persons, we know that the petitioner does not have sufficient direct knowledge of the hundreds of blind persons currently receiving subminimum wages to support such an allegation. We do believe that within the petitioner's membership (consisting of perhaps as many as 12,000 persons), there are some employed by workshops for the blind. A requirement that all blind persons be paid the minimum wage would curtail employment opportunities for a considerable number of such persons, including members of the petitioner. Historically, the National Federation of the Blind has favored the abolition of workshops for the blind. A few years ago, the petitioner's South Carolina affiliate captured control of the South Carolina Association for the Blind and immediately closed its workshop, without an alternative employment plan for its displaced blind employees. More recently, the Center for the Blind in Philadelphia, which claimed to pay no less than the minimum wage and which was directed by one of the petitioner's leading members, became insolvent and closed its workshop. The Department should conduct an extensive analysis of the relation of subminimum wages paid to the productivity of selected blind employees who are currently receiving such subminimum wages. We recommend that the Department consider the development of criteria and standards for permissible and relevant overhead and administrative costs chargeable to workshop production. In so doing, the Department should be able to upgrade management practices in the interest of blind and handicapped employees. With respect to petitioner's reliance upon statements published in The Wall Street Journal, we would point out that many of the statements made in that publication are contrary to information well known to the Department, to responsible organizations, and to the blind workshop employees. To cite one example of error in The Wall Street Journal articles, profit-making companies do not receive credit for affirmative action under Section 503 of the Rehabilitation Act of 1973 when they contract with workshops for the performance of labor by blind or other handicapped persons. This prestigious publication has leant itself to the petitioner's program of agitation, without regard for the possible effect upon the employment of blind persons. The petitioner has no alternative plan for the employment of blind persons who would be displaced by its proposal. The Department could have such an alternative plan if it would implement the Jobs for Handicapped Program authorized by Title VI of the Rehabilitation Amendments of 1978, for which no funding was requested from Congress. ***** ** Use of Canes Questioned A new Federal Aviation Administration indicates that canes are little or no help to blind air travelers in emergency evacuation and may pose a safety hazard to all passengers. However, the agency is looking for additional evidence before ruling on a petition from the National Federation of the Blind that advocates repeal of current regulations requiring canes to be turned over to flight attendants for safe stowage during takeoffs and landings. Specific questions posed by the agency include: 1. Would canes be of any benefit in a narrow aisle scattered with debris and crowded with people? 2. Can telescoping or folding canes be carried by passengers instead of rigid canes? 3. If stowage of canes is only available in certain seats, are passengers wishing to carry canes willing to sit only in those seats? ***** ** Triumph of Spirit (Reprinted from the Miami Herald, May 6, 1978) To those who do not know the artist behind the sculpture, the work of Miamian Gary Kleiman may seem merely outstanding. But to those who do know him, the work is as much a triumph of spirit as it is timeless art. Gary Kleiman is legally blind. A victim of juvenile diabetes, he has no vision in one eye and only a quarter of normal vision in the other. Since he became ill more than six years ago, he has devoted considerable time to the cause of juvenile diabetes. To one enthusiast who suggested he devote all his time to art, he said, "If I don't give my time to working for diabetes, I won't be around to make the art." ... Kleiman, who will turn 25 this month, has had no long-term formal art training. Yet, in less than five years, he has mastered such complex and varied materials as bronze, stainless steel, cast concrete and marble. With equal facility he has created miniatures and major outdoor sculptures, which include a six-ton, $30,000 concrete playground piece for a public-housing project at 600 NW 10th St., and soaring stainless steel works for the posh Quayside condominium in Miami Shores, the Bascom-Palmer Eye Institute at the University of Miami, and Washington Federal Savings in Hollywood. Kleiman began sculpting in 1973. "Before my health problem (which showed up in college), I had been an athlete. I had been busy all the time, and then I spent a year hospitalized doing nothing. I was going crazy. "I wasn't very good at going blind. This was the first time I was doing it. "I had to have something to do. I had to have something to hold onto," he says. So he began sculpting, and was introduced to teacher Audrey Corwin Wright by Miami sculptor Eugene Massin. "Audrey is a great teacher. She points you in the right direction but doesn't pull you there," he says. With Kleiman, not much pointing was needed. He obviously was a natural. After his first meeting with Wright, he completed two small sculptures in a weekend. After four months of lessons she kicked him out of her classes so he wouldn't be held back by others. "I never stopped. It was a release. I was so lost in it. And then all of a sudden people wanted to buy my work," he laughs. "I was amazed. "I use all of my eye. It (sculpture) is not as tactile as some people think. I get my ideas from all kinds of things -- shadows, light. I have no idea how I do what I do. "But it's like everything else. You'd like to be recognized for what you can do." Kleiman's abstract forms are clean, elegant and innovative. He never really went through a student phase. He was, from the beginning, a pro. He has no single style. The works range from swirling, sensual carved marbles to open and airy bronzes to slick stainless steels with intricately ground surfaces that catch and reflect light. Outgoing and warm, Kleiman has spent a good deal of time traveling. He has gone to Italy for his marble, to England for the foundry which fabricates his bronze pieces. During his travels he has sought out and made friends with the renowned Japanese-born sculptor Isamu Noguchi, who lives in New York, and with English sculptors such as the late Barbara Hopworth and the legendary Henry Moore. He just called each of them and asked to stop by. The friendships have remained strong. Noguchi, who saw Kleiman's work after the young artist had been working less than six months, made him a gift of some of his own tools -- the most touching gift one artist could give to another. And Noguchi wrote him a note that Kleiman uses as the introduction to the current exhibition. "Sculpture is the link between the visible and the invisible world," wrote Noguchi. "This awareness gives the work of Gary Kleiman its special poignancy. This is also true for all of us. The world is ephemeral. And what Gary does is what all artists do: catch a glimpse of the passage of the visible into invisible." ***** ** Carter Acts -- Kennedy Reacts By Kathy Megivern On Tuesday, June 12, the White House called a press conference to announce the Administration's long-promised national health insurance plan. Within three hours, Senator Edward M. Kennedy called a conference of his own to respond to Carter's plan. Kennedy made clear his opposition to the plan submitted by the White House, but his tone was conciliatory. "I look forward to working with the President, Secretary Califano, and members of the Senate and House of Representatives to ensure that any legislation we enact will be a responsible measure for the benefit of the 200 million American citizens who deserve a better health care system than we have today." The Carter health plan is based on catastrophic coverage which would go into effect once a family has spent $2,500 for medical expenses in a single year. All employers would be required to provide this catastrophic coverage for full­time employees and their families, with subsidies to ease the burden on small businesses. The Administration plan creates a new Federal umbrella agency called "Healthcare," in an attempt to merge and make more efficient the Medicare and Medicaid programs. Under this national health plan, the elderly will have unlimited hospital coverage and be required to pay the first $1,250 of medical expenses in a single year. In addition, physicians would be prohibited from charging elderly patients more than the allowable fee. This aspect of not controlling costs in the private sector, but doing so in the public sector, is particularly troublesome, as it is sure to further lower the quality of health care available to elderly, disabled, and poor Americans. Senator Kennedy described the likely scenario: "The result is that a surgeon will be paid less for removing a poor person's gall bladder than an elderly person's. He will be paid less for removing an elderly person's appendix than a middle-income American's. In the case of every patient who is elderly or poor, the doctor will know that he is poor and the doctor will get less for treating him. The separate and unequal system will find the poor, the elderly, and the unemployed in the public plan; everyone else will be in the private plan. This step is a regressive one, inconsistent with the goal of a truly single-class health care system." Proponents of a truly comprehensive national health insurance plan have long been opposed to any program which includes deductibles such as the $2,500 in the President's plan. It is particularly inequitable because it is regressive in nature. As explained by Senator Kennedy: "The deductible is fixed-it is the same for everyone, regardless of income. The middle class will thus be asked to subsidize the upper middle class and the rich." The Administration's continuing objection to a more comprehensive plan is the high cost of such a program. Yet, once again they are presenting a proposal with no effective cost or quality controls. The opposition to Carter's national health plan is best summed up in the following excerpt from Senator Kennedy's statement to the press: "The bottom line on the President's program is that we can't afford it. It is too inflationary and too inequitable. By failing to set a national budget, by inadequately controlling hospital costs, by failing to control doctors' fees in the private sector, by creating two separate and unequal systems of care, the President's plan may well become the straw that breaks the back of the American health care system. "The issue is not how much in new benefits we can provide, whether the $24 billion the President requests or the larger amount that I favor. The issue is whether these new benefits for our people will be provided within an equitable system that effectively controls costs. "If we have learned anything from the past decade of experience with soaring costs of health care and enormous budget deficits, it is that we cannot take the sweet without the sour; we cannot take the money and run; we cannot take the benefits without the cost controls and system reforms that are essential and overdue; we cannot throw austerity to the winds. The infusion of new benefits alone can bankrupt the nation, and our health care system will not be the only victim." ***** ** Disabled Rights Proposed (Reprinted from the Little Rock, Ark. Democrat, May 16, 1979) The Constitutional Convention Citizens Rights and Services Committee Tuesday voted to extend its proposed equal protection clause to include equal rights for the handicapped and disabled. The equal protection clause in the proposed Declaration of Rights would read: "nor shall any person be denied the enjoyment of civil or political rights, or be discriminated against in the exercise thereof, because of race, color, sex, national origin, or physical or mental handicap." If that clause is accepted by the full convention and adopted by the voters in the 1980 general election Arkansas would be the first state to constitutionally guarantee the rights of the handicapped, according to Bill Tomlin, president of the Arkansas Council of the Blind. Several committee members voiced concern that such equal protection for the handicapped might prevent employers from denying a job on the basis of a handicap, when the handicap would legitimately prevent the handicapped person from performing the job. Tomlin, who is blind, said it would not be discrimination if he were denied a job as a bus driver, "because I clearly cannot drive." ... ***** ** Research and Training Center for Blindness and Severe Visual Disability The Department of Health, Education and Welfare has awarded $300,000 to the University of North Carolina at Chapel Hill for the establishment and operation of a rehabilitation and training center in the area of blindness and severe visual disability. The award is for the first year ending May 31, 1980. The center will be funded annually by successive Federal grants and partly by University resources. There are twenty other rehabilitation research and training centers funded by HEW, but this is the first one to deal specially with vision problems. All of these centers will now be under the jurisdiction of the recently created National Institute for Handicapped Research rather than the Rehabilitation Services Administration. Dr. Joseph Fenton will continue to be the Project Director for Special Centers. The purpose, goals, and objectives of this new center have been summarized as follows: * Purpose The purpose of the rehabilitation research and training center program is to provide a synergistic, coordinated, and advanced program of rehabilitation research and training of researchers and other rehabilitation and related personnel. * Goal The goal in establishing a research and training center in the area of blindness and severe visual disability is to develop a well-organized program of scientific research. and training, designed to solve complex psychological, social, and vocational problems regarding blindness and severe visual disability. * Objectives 1. To conduct a program of rehabilitation research focusing on the area of blindness and severe visual disability that is aimed toward the discovery of new knowledge which will improve rehabilitation methods, management, and service delivery systems. In addressing this objective, applicants should develop a core research program with specific research goals that may include, but are not limited to, research in the following program areas: a. Utilization of advanced methodology and technology in the general field of rehabilitation of the blind and visually impaired. b. Integration of the methods and technology of other disabilities with the rehabilitation of the blind, where multi-handicapped blind persons require rehabilitation services, such as services for the mentally retarded blind. c. Educational methodology for the prevention of blindness as it relates to rehabilitation services. d. Advancement of the body of knowledge and information concerning the training of severely handicapped persons to maximize the use of residual vision for rehabilitation purposes. e. Educational methodology for the prevention of blindness as it relates to rehabilitation services. f. Advancement of the body of knowledge and information concerning the training of severely handicapped persons to maximize the use of residual vision for rehabilitation purposes. g. The function and the most effective use of comprehensive rehabilitation centers for the blind and severely visually disabled. h. The most effective use of sheltered workshops and home-industry programs for the blind. i. The utilization of telecommunications, such as radio information service programs, for delivering rehabilitation services to the blind and severely visually disabled. j. Job identification, development, adaptation, modification, and selective placement techniques for employment of the blind and severely visually disabled. 2. To conduct a program of teaching and training to assist in preparing and increasing the number of research and other rehabilitation-related professional and paraprofessional personnel, where manpower shortages exist; to incorporate rehabilitation education relating to the blind and visually handicapped in all university-related curricula; and to improve the skills of existing rehabilitation personnel and the effectiveness of rehabilitation services through the media of seminars, workshops, study groups, short- and long-term in-service and continuing education programs. This objective includes, but is not limited to, programs in the following areas: a. Short-term training to implement new legislative or administrative initiatives; and b. Training to deal with the need to interface rehabilitation services for the blind and severely visually disabled with medical, psycho­social, educational, and other rehabilitation-related fields. 3. To widely disseminate and promote the use and application of the new knowledge stemming from research findings. Activities in the following core problem areas should be addressed: a. Development of methods for full utilization of all resources available to rehabilitation agencies serving the blind and visually disabled; and b. Cooperate in the implementation of a national clearing house for assembling all information and materials relating to blindness and rehabilitation of the blind and severely visually disabled. Dr. Thomas S. Baldwin of the University of North Carolina is project director for the new center. We welcome this important addition to rehabilitation services for blind and visually impaired people. Appropriately, private citizen participants representing organizations of the blind were involved in extensive activities required for the processing of a dozen applications for this center project and in site visits to the leading applicants. We understand that a strong representative national advisory council will be established to permit a continuing participation by representative interests in the ongoing operation of the center. ***** ** Burt L. Risley Resigns The April issue of The Braille Forum reported on critical controversies affecting the Texas Commission for the Blind and its executive director Burt L. Risley. The legislation which would have transferred the Commission's functions to an umbrella agency was killed in committee. Another bill was passed, expanding the Commission's board to nine members to circumvent the three-to-three stalemate on the board. The Governor has appointed two of the newly provided-for members. Criticism and controversy over the operation of the Commission has continued in recent weeks, with television and newspaper reporting of alleged mismanagement and conflict of interest. Early in June, Burt Risley resigned as executive director. As we go to press, no successor has been announced to direct the largest separate state agency for the blind in the country. ***** *** Hyde Park Corner Editor's Note: This column exists to provide a forum for the expression of divergent views of writers on timely subjects. Views expressed need not necessarily be concurred in or endorsed by the publisher. ** "The Great Generic Takeover": A Rebuttal Dear Editor: Yesterday I read "An Adult Fable," by John Best, printed in the May issue of The Braille Forum. I feel that this article foists upon an emotionally susceptible public a wholly warped point of view. Mr. Best may feel that I perpetrate the same crime in the following paragraphs, but I intend to be quite specific, whereas he was totally generic in his all-pervasive generalizations. I do admit personal prejudice on the subject of public-school mainstreaming. I have been a teacher of the blind and visually impaired in Duchess County (New York) for 19 years, and I believe in the mainstreaming process for most visually impaired children. I myself attended a high school for the blind and found the experience socially, academically, and emotionally warping. Therein lies my prejudice. But I do not wish to discuss residential versus public-school education, except to give my point of view on one aspect of the subject. In my opinion, no amount of participant equality in sports and no amount of available special training in piano tuning, caning, etc., can ever begin to balance a scale that has living and functioning at home with one's family, friends, and neighbors as the counterweight. Let us move on to the real purpose of this quarrel with Mr. Best. There are some specific facts that can be cited as rebuttal to the offending article. Mainstreaming a child through the public school system is certainly not problem-free or totally satisfactory. But it is the closest approximation to the normal maturation process. The trends (at least in New York State) have never been toward a generic approach. Quite the contrary. With the new legislation P.L. 94-142, Individual Education Program, for every handicapped child. This plan is made out every year by the teacher for all special education students and must be approved and signed by the school district, by the teacher, and by the child's parent. The parent now has legal clout, through advocacy groups and privately, to obtain the kind of education and ancillary services that his particular child needs. The teacher is responsible for the educational plan, and the district must provide all ancillary services prescribed through medical diagnosis and prescription. P.L. 94-142 exists, and although some states may be further behind in the implementation of the laws, all must soon comply. Let me also state categorically that never in the 19 years that I have been teaching the visually handicapped has the educational trend been toward a generic approach in New York State. I hold the following certifications for teaching from the State of New York, and they are certainly specific for my teaching area. Of course, a permanently certified teacher in any discipline must first have both a B.A. degree and an M.A. degree. My permanent certifications are elementary education, teaching the visually impaired, teaching the blind (which are separate certifications), and I happen also to have one for teaching high school English, as my B.A. major was English. Certainly this is not a generic approach. I would quarrel less with the suggestion that the adult blind, particularly in vocational rehabilitation agencies, need the generic caution, but certainly not in the field of education. Marjorie Fiorino Poughkeepsie, New York ** There But for the Grace of God ... By Irwin Lutzky For many years I have listened to blind people complaining about the misfortune of being without sight. They complain about the sighted public, the lack of services, the inefficiencies and ineptitude of the private and governmental agencies, and many other criticisms too numerous to mention. In many cases the complaints are justified, as we all know. However, I think what most of us do not realize is that no matter how badly we are treated in this country, blind people in other parts of the world are living in conditions far worse than we can imagine. The February issue of The Braille Forum contained an article about what conditions are like for a blind person living in Iran, and the article did not paint a bright future for blind people there. Blind people there are illiterate, uneducated, and unemployed. They have very little reading materials and very few services are available to them. It is a rare blind person who can overcome these handicaps, and most blind people can only look forward to the life of a beggar. The life of a blind person in Iran is not unique, as the lives of blind people in most countries of the world are very similar. In some countries, the blind beggar is so accepted as a way of life that by law, only blind people are permitted to beg. We must continue to improve our lives here in this country, but let us not forget that if we lived in another country, our lives would be far worse. ***** ** Here and There By Elizabeth M. Lennon The U.S. Postal Service has announced that, effective July 15, size standards will go into effect which will eliminate small, invitation-size envelopes sent through the mail and which will put a surcharge on large, greeting-card size mail. The size standards will ban pieces of mail smaller than 3 ½ inches high, 5 inches long, or .077 inches thick. An additional 7-cent surcharge will be levied on First Class mail weighing one ounce or less which exceeds any of the following dimensions: 6 ½ inches high, 11 ½ inches long, or ¼ inch thick. The Postal Service said odd-shaped pieces within the above measurements will also be subject to a surcharge, with some exceptions to allow film mailers and other thick pieces to go through the mail. A brief item in the ACBC Digest (California) tells of a Stanford University ophthalmologist who has developed a "walking light" for persons afflicted with night blindness. Something like a flashlight with a wide beam of light, it should be on the market in about two months. Cost, around $75. From Vendorscope (Randolph-Sheppard Vendors of America): At its October, 1978 convention the California Blind Businessmen, Inc. voted to disband its organization and to become the Randolph-Sheppard Vendors of California. Although CBBI has been around for about 14 years and is very proud of its record, the organization realized the great potential of RSVA and the advantages of adopting the RSVA name. From Journal of Visual Impairment and Blindness (American Foundation for the Blind): A notched election ballot has been introduced in Ontario, Canada, to allow blind citizens to vote without assistance. The ballot is black, with the candidates' names in white, printed in alphabetical order. Sighted persons mark an X in the circle next to the name of the candidate of their choice. A notch at the top of the ballot orients the visually impaired voter, and there is a notch next to the circle for each candidate. The blind voter must know in advance the names of all candidates so that he can mentally alphabetize them. Any blind voter wishing to do so may still choose to be assisted by a friend. Nine new titles dealing with health, nutrition and recreation are on G.K. Hall's spring listing of large-print books. Among the titles are "Diabetic Menus, Meals and Recipes," "Heart Attack, a Question-and-Answer Book," "Ulcers," and "Pain Free Arthritis." To order, write G.K. Hall and Co., 70 Lincoln Street, Boston, MA 02111. Applications are now being accepted for the position of Oklahoma Council of the Blind Programs and Activities Director, to plan, organize, and supervise the programs and activities of the OCB. Requirements: Bachelor's degree from an accredited college or university, with a major in one of the following fields: social services, business administration, public relations, journalism, education, or a related field. Three years of full-time, paid experience in one of the above fields may be substituted for two years of college. Salary range: $10,800 to $15,000, plus benefits. Send resumes or requests for a complete job description to Oklahoma Council of the Blind, P.O. Box 1476, Oklahoma City, OK 73101. Blind people of South Carolina suffered a great loss on April 15 in the death of the Rev. A. D. Croft. Rev. Croft had long been active in work with and for the blind. He was a former president of the Association for the Blind of South Carolina and was the first president of the American Council of the Blind of South Carolina. — Word has also been received of the recent death of Edith (Mrs. Merrill) Maynard of Taunton, Massachusetts. Edith attended the Perkins School for the Blind. For 30 years she was director of sales for the Massachusetts Commission for the Blind. She was an active member of ACB's Massachusetts affiliate, the Bay State Council of the Blind, and her efforts and support were a prime factor in the development and success of the Maynard Listener Library. The Association for the Education of the Visually Handicapped will hold its 1980 biennial conference at the Park Place Hotel in Boston, Massachusetts, June 22-26, in conjunction with the International Congress commemorating the 100th birthday of Helen Keller. Nashville, Tennessee, has been chosen as the site of AEVH's 1982 conference. Ceremonies marking the day of issuance of a commemorative stamp honoring the 50th anniversary of The Seeing Eye were held at Morristown, New Jersey, June 15. Seventeen million of the $.15 stamps will be printed and will be sold throughout the United States for ninety days. The stamp bears the legend, "SEEING FOR ME." Banks Pocket Braille Writers are available at a cost of $35 per writer, and rolls of paper tape at a cost of $.35 each, from Banks Pocket Braille Writers Committee, Boston Parkway Lions Club, c/o Barry Uminsky, 1815 Centre Street, West Roxbury, MA 02132. Payment must accompany order. The American Foundation for the Blind announces that within the next few months, it will have available research findings for a number of presentations that could be made to state, regional, and national meetings of the American Council of the Blind. These include: 1. comparative evaluation of non-rigid canes; 2. comparative evaluation of braille watches; 3. comparative evaluation of radio information receivers; 4. characteristics of persons eligible to use services of the National Library Service; 5. social factors affecting careers in science; 6. AFB's consumer needs survey; 7. aging and vision needs/capabilities; 8. nursing homes and the visually impaired; 9. AFB's demographic data base and future direction; 10. Characteristics of low vision centers; 11. characteristics and needs of braille and large-print users. For further information, contact Marvin Berkowitz, Ph.D., Associate Director, American Foundation for the Blind, 15 W. 16th Street, New York, NY 10011. Vision Foundation has gathered together over 90 informative brochures and samples which may be of particular interest to blind and visually impaired individuals. The materials are available in print, large-print, braille, and sound, although not all items are available in all media. Unless otherwise stated, these items are free. The 12-page, large-print inventory list is free, and a cassette list is available at $2. Write Vision Foundation, 770 Centre Street, Newton, MA 02158. A new film showing how a sighted person can best assist a blind person is now available from the American Foundation for the Blind, 15 W. 16th Street, New York, NY 10011. Called "The Seven-Minute Lesson," the film is designed for use with service clubs, church groups, schools, and businesses where it is desirable to show members how to guide a blind person. Purchase price is $60; rental fee, $10. Two private employers, SCM Proctor Silex, Inc., of Altoona, Pennsylvania, and Double Seal Glass Co. of Flint, Michigan, were honored by the President's Committee on Employment of the Handicapped at a luncheon in Washington, D.C., on May 4, in recognition of their outstanding efforts in hiring, training, and promoting physically and mentally handicapped persons. James Robert Brunotte, a triple amputee who runs a non-profit recreation ranch for the disabled in Creston, California, was named Handicapped American of the Year by the President's Committee. Mrs. Rosalind Carter presented the President's Trophy, America's highest award to a disabled person. It went to Mr. Brunotte not only for the way in which he overcame obstacles to lead to a normal life, but also for his dedication in serving the needs of disabled people. A list of 23 periodicals in such specialized areas as anthropology, psychology, science, radio, etc., is available from Recorded Periodicals, Division of Volunteer Services for the Blind, 919 Walnut Street, 8th Floor, Philadelphia, PA 19107. The periodicals, recorded on four-track cassette, are available on 30-day loan for an annual subscription fee of $12 per title. A list of available magazines will be sent in print or braille upon request. The 1980 Census will contain a three-part question on handicaps, according to Harold Russell, Chairman, President's Committee on Employment of the Handicapped. The question will be asked of every tenth person in the United States, which represents a sampling of 22 million persons. The United Nations has declared 1981 as "The Year of the Disabled," and there is sentiment in favor of asking the U.S. Postal Service to issue a stamp in honor of the occasion. Such a stamp would depict the international symbol of access. Because it takes at least 18 months before a stamp can be issued, anyone supporting this endeavor is asked to write to Jack Williams, Coordinator, Citizens Advisory Committee, U.S. Postal Service, Washington, D.C. 20260, immediately. A line of braille watches, including pocket styles and men's and women's wristwatches, costing less than $50, is now being offered by Rutherford's World, 22586, Claude Circle, El Toro, CA 92660. A brochure, price list, and ordering information will be sent upon request. "There Oughta Be a Law -- There Is!" is the title of a series of five brochures prepared by Mainstream, Inc., explaining (1) the basics of affirmative action programs; (2) job accommodation for handicapped workers; (3) architectural access requirements; (4) the complaint process; and (5) legal protection for employees with hidden handicaps. The brochures are available from Mainstream, Inc., 1200 15th Street, N.W., Washington, D.C. 20005, for a small charge to cover postage. From Visually Handicapped Views (South Dakota Association of the Blind): Doug White of Laramie, Wyoming, has served as hunting guide for numerous handicapped persons in recent years. He now claims he has developed techniques which make it possible for blind persons to enjoy a satisfying and successful hunt. He has obtained clearance from the Wyoming Game Division for 1979 hunts. Wyoming is famous for its elk, deer and antelope, as well as for excellent fishing. Cost of Mr. White's services depends upon the type and length of hunt desired. For more information, write Doug White, Timberline Guide Service, P.O. Box 3602, Laramie, WY 82070. ###