[Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND BY FAILING TOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS
Mike Freeman
k7uij at panix.com
Mon Jan 16 02:16:43 UTC 2012
Marion:
Let's be brutally honest here: part of the reason why physical access for
the mobility-impaired is more recognized than technology access for the
blind is that there are a helluva lot more mobility-impaired persons than
there are blind persons. Numbers tend to count when it comes to advocacy. It
is therefore highly unusual and gratifying that the Federation does as well
as it does in the advocacy realm. It does this partly through persistence
and partly because the Federation's style is to become more expert than the
"experts" and to know citizens' rights better than do most lawyers.
Furthermore, if you start down the path that if one group has access rights,
then *all* groups must have such access rights, you will ultimately fail
when it comes to the blind because the only true way to gain such absolutely
equal access is for the blind to become sighted. Since that's not going to
happen for most of us, what we ought to be striving for is *equivalent*
access.
As an example, many believe that because the sighted can see pedestrian
traffic signals, the blind ought to be able to hear them. That would be
truly equal access, at least by the reasoning noted above. However, in most
instances, with decent training, all we, the blind, really need is
*equivalent* access which we can get by using our ears and our brains.
I'm not necessarily putting down the Redbox suit here; what I am saying is
that the situation is not a simple one and there are often complexities that
those who would simply apply legal formulae to situations do not recognize.
Mike
-----Original Message-----
From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
Behalf Of Marion Gwizdala
Sent: Sunday, January 15, 2012 4:59 PM
To: Blind Talk Mailing List
Subject: Re: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND BY FAILING
TOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS
Bryan,
There is not an architect in the United States who would design a
building with steps and would not consider designing an alternative method
of accessing the building. Similarly, no architect would design this
building with doorways too narrow to accommodate a wheelchair. the reason
these accessible design features are so globally implemented into buildings
is due to the advocacy of those who use wheelchairs. I suppose one could
argue that someone else could go into the building to conduct the business
for the wheelchair user, just as you argue that someone else can complete
the transaction at Red Box for the blind. The law defines discrimination, in
part, as an unequal benefit and this is certainly unequal.
I believe it is reasonable for the blind to expect that digital
architecture is accessible to us. law suits are one of the ways these things
are accomplished. In our system of justice known as case law, the courts
are responsible for interpreting just what a particular law actually means
and defining its practical implementation. It is due time that those
responsible for designing digital architecture be held responsible for the
simple features of audible output. Until companies understand that blind
people are consumers, we will continue to be unequal.
Fraternally yours,
Marion Gwizdala
----- Original Message -----
From: "Bryan Schulz" <b.schulz at sbcglobal.net>
To: "Blind Talk Mailing List" <blindtlk at nfbnet.org>
Sent: Sunday, January 15, 2012 7:13 PM
Subject: Re: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND BY FAILING
TOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS
hi,
so if someone had to take the guy to the location anyway, why is he so
miffed about the machine?
why not sue the film company for leaving out descriptions as well?
people today are very sue happy.
Bryan Schulz
----- Original Message -----
From: David Andrews
To: blindlaw at nfbnet.org
Sent: Sunday, January 15, 2012 11:54 AM
Subject: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND BY FAILING TO
PROVIDE ACCESSIBLE SELF-SERVICE KIOSKS
>
>FOR IMMEDIATE RELEASE
>January 12, 2012
>CONTACTS: Bryan Bashin, CEO, Lighthouse for the
>Blind (415) 694-7346 Lisamaria Martinez,
>plaintiff (510) 289-2577 Michael Nunez of
>Disability Rights Advocates (510) 665-8644 Jay
>Koslofsky of Law Offices of Jay Koslofsky (510) 280-5627
>REDBOX DISCRIMINATES AGAINST THE BLIND BY
>FAILING TO PROVIDE ACCESSIBLE SELF-SERVICE
>KIOSKS Oakland, CA January 12, 20012 Recent
>technological advances are sweeping the nattion,
>changing the way people buy products and
>services. Self-service kiosks with automated,
>touch-screen interfaces now allow people to
>bank, shop, and conduct a wide range of
>transactions independently, without the
>assistance of a clerk. This technology is fast
>becoming an integral part of our every day
>lives. Although these technologies can make our
>lives easier, Redbox, a video rental giant, has
>chosen to use self-service kiosks with
>touch-screen controls that exclude the blind
>from using its services. Blind Californians
>cannot use touch-screen kiosks that offer only
>visually-based controls. A class action lawsuit
>filed today in the United States District Court
>for the Northern District of California
>challenges Redboxâ?Ts inaccessible kiosks. The
>lawsuit is the first of its kind in the country.
>The suit is brought by the Lighthouse for the
>Blind and Visually Impaired, as well as five
>blind individuals, on behalf of blind and
>visually impaired people throughout
>California. Plaintiffs are represented by
>Disability Rights Advocates (â?oDRAâ?), a
>non-profit disability rights legal center
>headquartered in Berkeley, California that
>specializes in high-impact cases on behalf of
>people with disabilities. Plaintiffs are also
>represented by the Law Offices of Jay Koslofsky;
>Mr. Koslofsky is an experienced civil rights
>attorney. Redbox has a major share of the video
>rental market. Redbox DVD rentals account for
>approximately 34% of the DVD rental market
>nationwide. According to Redbox, almost 60
>million videos are rented from its kiosks
>nationally each month. Redbox kiosks can be
>found at thousands of businesses throughout
>California including Save Mart, which is a
>business that is also named as a defendant in
>the lawsuit. For generations, blind and visually
>impaired people have watched and enjoyed movies
>as an ordinary part of daily life. Blind people
>with some remaining vision may watch films on
>their own or with sighted friends and family who
>can describe the details and actions of a film.
>In addition, many blind people enjoy watching
>dialogue driven films. Plaintiff Lisamaria
>Martinez is a legally blind resident of Union
>City, California. â?I love watching movies with
>my husband and son and would like to
>independently rent movies for my family at
>Redboxes,â? said Lisamaria Martinez. Plaintiff
>Joshua Saunders is a legally blind resident of
>El Cerrito, California who enjoys watching
>movies with friends and family. â?oIâ?Tm not
>asking for the world here but simply for the
>ability to rent DVDs from Redboxes just like
>everyone else can,â? said Joshua Saunders.
>Redboxâ?Ts inaccessible touch-screen kiosks shut
>out a large and growing community of blind
>Californians. It is estimated that 100,000
>Californians are legally blind and as the
>population continues to age, the number of
>adults with vision loss will increase. The
>technology exists to make self-service kiosks
>accessible to the blind. Accessible ATMs and
>iPhones make use of tactile controls and/or
>screen reading software that enables blind
>people to use these devices. â?oA lack of
>accessibility in newly emerging forms of
>commerce is a symptom of the overall growing
>technological divide that blind people
>experience when companies fail to build in
>accessible features at the onset,â? said Bryan
>Bashin, Executive Director/CEO of the Lighthouse
>for the Blind and Visually Impaired.
>â?oTechnology is a double edged sword. It has
>the power to enable millions, but it can disable
>many Americans far more than it enables them if
>accessibility is not built into technology at
>the beginning,â? said Jay Koslofsky,
>Plaintiffsâ?T attorney of the Law Offices of Jay
>Koslofsky. â?oRedbox is shutting out thousands
>of Californians from its services because it
>refuses to make its technology accessible to
>blind consumers,â? said Michael Nunez,
>Plaintiffsâ?T attorney of Disability Rights
>Advocates. About Lighthouse for the Blind and
>Visually Impaired The Lighthouse for the Blind
>and Visually Impaired, a non-profit corporation,
>is one of Californiaâ?Ts oldest organizations
>serving the blind and visually impaired
>community. The Lighthouse is dedicated to
>aiding blind and visually impaired individuals
>in leading productive, enriching, and
>independent lives. About Disability Rights
>Advocates (DRA) Disability Rights Advocates is a
>non-profit legal center which, for nearly twenty
>years, has specialized in high-impact class
>action litigation on behalf of people with all
>types of disabilities. DRA litigates nationally
>and has offices in New York City and Berkeley,
>California. About Law Offices of Jay Koslofsky
>Jay Koslofsky is an attorney in private practice
>with more than 30 years of experience. He
>specializes in civil rights cases and class action litigation. ###
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