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

[vaughnlbrown87 at gmail.com]

Hello, Teresita,

I wrote my graduate thesis on this topic. I enclosed it for your reference. I also be glad to help with this project. Email me privately
Vaughnlbrown87 at gmail.com

Warmly,

Vaughn

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Teresita Rios via BlindLaw
Sent: Sunday, October 3, 2021 2:40 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Teresita Rios <teresitarios22 at gmail.com>
Subject: [blindLaw] Help with my ADA/home touch screen appliances Journal Note.

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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