[blindLaw] Help with my ADA/home touch screen appliances Journal Note.

philosopher25 at gmail.com philosopher25 at gmail.com
Mon Oct 4 00:22:40 UTC 2021


What about places of a public accommodation who use set appliances. Kitchens in the workplace, laundromats, Airbnb‘s?

BruceSexton, JD

Dictated on an accessible device. 

> On Oct 3, 2021, at 5:42 PM, Teresita Rios via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> Dear all,
> I am planning on writing my journal note on the
> generally inaccessible touch screened at home appliances or machines, such
> as exercise machines, health care machines and appliances.
> I looked at the bill introduced in the house in 2019, but that bill died.
> Can we use the ADA to argue that the machines and appliances, although for
> private use, are sold to the public, and thus should be considered to be
> public use, Or and, that the constant use and reliance of the internet
> keeps them in the public use. Like the websites of physical stores.
> 
> Dead Bill that brought the idea:
> https://www.congress.gov/bill/116th-congress/house-bill/3929/text
> 
> I am only using the bill as my inspiration, but if we can use existing law
> to make the makers of the products add accessibility within design that
> would be great.
> 
> Also, who is an ADA expert. Because I need a little teaching on:
> *section 1218(b)(1)**(E) Association. It shall be discriminatory to exclude
> or otherwise deny equal goods, services, facilities, privileges,
> advantages, **accommodations**, or other opportunities to an individual or
> entity because of the known disability of an individual with whom the
> individual or entity is known to have a relationship or association.*
> 
> If blind people cook, get sick, and exercise especially at home during a
> worldwide pandemic and after that, It is reasonable to assume that a
> relationship exists between a blind person and the makers of the machines.
> Further, if blind people have been cooking, getting sick and exercising at
> home , but using older machines made by the same company, then we sure have
> a relationship and the newer machines should be made accessible out of the
> box, due to our relationship.
> 
> *Argument against my arguments: *
> Yes, blind individuals have been using our older products but we did not
> make them accessible. The nobs and buttons were modified by each individual
> with their adhesive dots. We were not really building a relationship. And
> the products were not aimed for blind individuals.
> 
> Enforcement?
> amending the ADA by adding announcing remedies with statutory remedies.
> Used in  Fair and Accurate Credit Trans­actions Act and the Right to
> Financial Privacy Act
> see pages 780-786 on the attached doc.
> Pre-commitment section and the fist part of Summary.
> 
> Any help, comments and criticisms are very much welcomed.
> 
> Warmly,
> Teresita Rios
> J.D. Candidate Notre Dame Law School 2023,
> trios at nd.edu
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