[blindlaw] ADA and Discovery

E.J. Zufelt lists at zufelt.ca
Sun Apr 4 14:10:57 UTC 2010


Good morning,

Just to clarify, I am not suggesting that a volunteer reader is the appropriate response, just that it was the first option suggested to the woman with whom I was speaking.


Everett Zufelt
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On 2010-04-04, at 9:43 AM, John Ramsey wrote:

> Hello Everett,
> That is unfortunately the easy answer, however, seeking qualified volunteer
> readers arose a few years ago when I was taking the bar exam and that was
> found to be inadequate in defense of allowing me to use my own reader.
> Also, since this discovery originates with the State, I am quite sure that
> the short answer of having me seek volunteers is not going to work.
> 
> John A. Ramsey Jr., P.A.
> 
> P.O. Box 6063
> 
> Gainesville, FL 32627   
> 
> Phone: (352) 505-6642
> 
> Fax: (352) 240-6453
> 
> This communication contains information that may be confidential and/or
> legally privileged. It is intended only for the use of the individual or
> entity to which it is addressed. If you have received this communication in
> error, please call us at (352) 505-6642 and destroy any associated printed
> materials and delete the electronic material from any computer. Please be
> aware that any unauthorized disclosure, use or publication of this
> communication or the information it contains may result in criminal and/or
> civil liability. Due to this message being transmitted over the Internet,
> John Ramsey cannot assure that the messages are secure.  If you are
> uncomfortable with such risks, you may decide not to use email to
> communicate with John Ramsey.  Please contact us immediately at (352)
> 505-6642 if you decide not to use email.  You must also be aware that email
> messages may be delayed or undelivered through circumstances beyond our
> control.  Thank you.  
> 
> 
> 
> 
> 
> 
> 
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of E.J. Zufelt
> Sent: Sunday, April 04, 2010 9:15 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] ADA and Discovery
> 
> 
> I find this thread to be quite interesting.  To expand for a moment, I was
> speaking to a woman in Canada last fall who was in a civil action with a
> non-governmental body.  The woman was blind and the question arose as to
> whether the other party in her case was responsible for providing
> submissions and documents in an accessible form.  There was no judicial
> treatment o the issue.  However, the accessibility centre at the courthouse
> at which she was dealing was able to provide some services to assist her.
> This was after suggesting that she obtain a volunteer from a charity to
> assist her with reading the documents.
> 
> 
> Everett Zufelt
> http://zufelt.ca
> 
> Follow me on Twitter
> http://twitter.com/ezufelt
> 
> View my LinkedIn Profile
> http://www.linkedin.com/in/ezufelt
> 
> 
> 
> On 2010-04-04, at 8:22 AM, John Ramsey wrote:
> 
>> That is one of the problems when they scan an image of the original 
>> handwritten document and do not title the image in a way that a blind 
>> practitioner is going to have knowledge of that document in a timely 
>> manner. I think that the overall issue is whether or not the State is 
>> required or should be required to provide the text documents in an 
>> accessible format. I am sure the ultimate answer is yes.
>> 
>> 
>> John A. Ramsey Jr., P.A.
>> 
>> P.O. Box 6063
>> 
>> Gainesville, FL 32627   
>> 
>> Phone: (352) 505-6642
>> 
>> Fax: (352) 240-6453
>> 
>> This communication contains information that may be confidential 
>> and/or legally privileged. It is intended only for the use of the 
>> individual or entity to which it is addressed. If you have received 
>> this communication in error, please call us at (352) 505-6642 and 
>> destroy any associated printed materials and delete the electronic 
>> material from any computer. Please be aware that any unauthorized 
>> disclosure, use or publication of this communication or the 
>> information it contains may result in criminal and/or civil liability. 
>> Due to this message being transmitted over the Internet, John Ramsey 
>> cannot assure that the messages are secure.  If you are uncomfortable 
>> with such risks, you may decide not to use email to communicate with 
>> John Ramsey.  Please contact us immediately at (352) 505-6642 if you 
>> decide not to use email.  You must also be aware that email messages 
>> may be delayed or undelivered through circumstances beyond our control.
> Thank you.
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] 
>> On Behalf Of ckrugman at sbcglobal.net
>> Sent: Sunday, April 04, 2010 4:10 AM
>> To: NFBnet Blind Law Mailing List
>> Subject: Re: [blindlaw] ADA and Discovery
>> 
>> 
>> If you have access to Kurzweil or Open Book software those files can 
>> be sent
>> 
>> through those programs and reade. Most likely the files were scanned 
>> in to a
>> 
>> PDF document and they are images. The only problem that will occur is 
>> if the
>> 
>> documents contain hand-written pages as they will not be recognized by 
>> OCR
>> software.
>> Chuck Krugman, M.S.W., Paralegal
>> 1237 P Street
>> Fresno ca 93721
>> 559-266-9237
>> ----- Original Message ----- 
>> From: "John Ramsey" <joramsey at cox.net>
>> To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
>> Sent: Saturday, April 03, 2010 12:34 PM
>> Subject: [blindlaw] ADA and Discovery
>> 
>> 
>>> Hello All of the Criminal practitioners on the list,
>>> I practice criminal law here in Florida and have encountered a
>>> problem.
>>> When
>>> the State and Public Defender's Offices are providing me with documents,
>>> they are in a PDF that JAWS reads as blank. As you can imagine the
> default
>>> titles of the PDF files can basically nullify any real attempts to 
>>> discover
>>> what the document is. My question is: has anyone had to challenge the
> form
>>> of discovery under the ADA? If so, what was the outcome?
>>> Cordially,
>>> John
>>> 
>>> 
>>> John A. Ramsey Jr., P.A.
>>> 
>>> P.O. Box 6063
>>> 
>>> Gainesville, FL 32627
>>> 
>>> Phone: (352) 505-6642
>>> 
>>> Fax: (352) 240-6453
>>> 
>>> 
>>> This communication contains information that may be confidential
>>> and/or legally privileged. It is intended only for the use of the 
>>> individual or entity to which it is addressed. If you have received 
>>> this communication in error, please call us at (352) 505-6642 and 
>>> destroy any associated printed materials and delete the electronic 
>>> material from any computer. Please be aware that any unauthorized 
>>> disclosure, use or publication of this communication or the 
>>> information it contains may result in criminal and/or civil liability. 
>>> Due to this message being transmitted over the Internet, John Ramsey 
>>> cannot assure that the messages are secure.  If you are uncomfortable 
>>> with such risks, you may decide not to use email to communicate with 
>>> John Ramsey.  Please contact us immediately at (352) 505-6642 if you 
>>> decide not to use email.  You must also be aware that email
>>> messages may be delayed or undelivered through circumstances beyond our
>>> control.  Thank you.
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
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>> 
>> 
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