[Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND BYFAILINGTOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS

Chris Nusbaum dotkid.nusbaum at gmail.com
Mon Jan 16 17:55:06 UTC 2012


That's telling it like it is! Sometimes, we need people to come 
straight at us with their points, and that's why I love having 
you on the list! * Smile! Also, thank you very much for 
dispelling one of the common myths about the Federation; that is, 
the old "we have a model blind person" or "the Federation 
believes every blind person should be held up to some standard," 
or the really wrong one, "the Federation dictates the individual 
lives of its members." I've heard those myths repeated over and 
over again within the ACB, and it just gets to me whenever I hear 
them, especially the one about the Federation dictating our lives 
and Dr.  Maurer being some "dictator" of the "cult" that is the 
Federation.  For example, a friend of mine who happens to be an 
ACB member, told me "I'd join the Federation if they stopped 
dictating the lives of their members," to which I replied, "If 
that's the reason you're not in the Federation, and you're 
waiting for us to stop dictating everything, then your wait is 
over; come on in and join us!" Of course, he didn't take me up on 
that offer.  I refer anybody who vocalizes these myths about the 
Federation and our philosophy to the 1993 banquet speech, "The 
Nature of Independence." Do they listen to it? Probably not, but 
that's their choice.  Oh well; you can lead a horse to water, but 
you can't make him drink, as the saying goes.

Chris

"The real problem of blindness is not the loss of eyesight.  The 
real problem is the misunderstanding and lack of education that 
exists.  If a blind person has the proper training and 
opportunity, blindness can be reduced to a mere physical 
nuisance."
-- Kenneth Jernigan

 ----- Original Message -----
From: Ray Foret Jr <rforetjr at att.net
To: Blind Talk Mailing List <blindtlk at nfbnet.org
Date sent: Sun, 15 Jan 2012 22:19:33 -0600
Subject: Re: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND 
BYFAILINGTOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS

Proud and egotystical?  Sir, how absolutely wrong you are.  Yes, 
some individual blind people are as you describe; and, there was 
a time, to speak frankly, when I was one of them.  Those days 
have left me now.

	Having said that, let me speak directly and frankly to you.  
I wish somebody had hit me over the head with this back in 
my days as a student at the Louisiana Center for the Blind.  
Understand me well.  WE, DO, NOT, FAKE, INDEPENDANCE!  We do 
not say we never need help.  IT, HAS, NEVER, BEEN, a 
teaching of The National Federation OF The Blind that 
independant blind people never need help.  If that is what 
you think of the federation, you do not know even a tiny 
fraction of what you imagine you know.  Let me repeat 
myself.  It is not, nor has it ever been a teaching of the 
National Federation of the Blind that no independant blind 
person ever needs help.  Here's something else.  "There is 
no such thing as a “moddel blind person”."!!!  People 
such as yourself who either badly understand the federation 
or perhaps do not understand this at all often have this 
crazy twisted idea in their heads that we hold up a 
particular model blind person and every single blind person 
who aspires to true independance had better live up day in 
and day out and night in and night out to that model.  Not 
all of us march to the same drum.

Okay.  You want me to personalize it?  Fine.  I will.  It's the 
middle of winter here, but I'm going to do this anyhow.
	As everybody on this list knows, I just happen to be a blind 
person who very much enjoys going barefooted, (both inside 
all the time and outside in warm weather when possible).  
Now, Does every blind person I know do that?  Nope.  Some 
do, some do not.  IF any of us do, it's either to one degree 
or another.  With me, it's every single moment I can get 
away with it.  Others doubtless will do it but will be more 
reserved and perhaps not openly even say so.  Still others 
just will lain not do it at all, no matter the season.  
Strange way to give an example I know.  But, I think even 
you should be able to see that there is no hard or fast rule 
that says every blind person must or must not go barefooted.

Now, I have an aversion to whering ties.  I will when the ocasion 
demands it; rare indeed for me.  Other blind people, however, do 
love them and, when in their professions, will thus atire 
themselves and do so without so much as a second thought; even as 
I myself did back in my boyhood days at the school for the blind 
in England.  Back in those days, I could tie a tie perfectly 
every single time and in no time more than half a second or so.  
Give me a tie nowadays and I'm likely more than not to thumble 
wiht the blasted thing and in the end, it will all come undone or 
look a sorry mess.

	Okay.  My point is just this.  The federation does not 
dictate the actual lives of any of it's members.  We follow 
the federation because we freely choose to do so.  Another 
reason is that, while the federation may not be perfect, it 
does best represent the feelings we here have as blind 
people about how this or that really ought to be done.  
That's why we all help when we're able.

begining to get the picture now?


Sincerely,
The Constantly Barefooted Ray!!!

Now a very proud and happy Mac user!!!

Skype name:
barefootedray

Facebook:
facebook.com/ray.foretjr.1



On Jan 15, 2012, at 8:01 PM, Bryan Schulz wrote:

 hi,

 this is a main problem i see with blind people; they are too 
proud/egotistical to admit they need help.
 i guarantee you like at a McDonald's location, one of the 
workers there wouldn't mind saying what movies they have on hand 
maybe unless it was high noon and all lines were 4-5 customers 
deep.
 it could actually go smoother as they probably know how to 
quickly work the machine and they feel glad to help.
 so you say "yes, that one sounds good, thanks" then swipe your 
card.
 Bryan Schulz


  ----- Original Message -----
  From: Ray Foret Jr
  To: Blind Talk Mailing List
  Sent: Sunday, January 15, 2012 7:48 PM
  Subject: Re: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE BLIND 
BY FAILINGTOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS


  Uh, in which case, how would you propose to enter the choices 
you want?  I still maintain the action is correct; and, I want to 
make my own  choices.  Why should you not?


  Sincerely,
  The Constantly Barefooted Ray!!!

  Now a very proud and happy Mac user!!!

  Skype name:
  barefootedray

  Facebook:
  facebook.com/ray.foretjr.1



  On Jan 15, 2012, at 7:41 PM, Bryan Schulz wrote:

 hi,

 this is not like using an atm.
 all you have to do is swipe your card and don't have to punch in 
your pin.
 other than being able to know what the choices are, the 
accessibility challenge is the same as the airport terminal case 
which was lost.
 if there is one that should be accessible, i would say the 
airport terminal is more important.

 Bryan Schulz

 ----- Original Message -----
 From: Marion Gwizdala
 To: Blind Talk Mailing List
 Sent: Sunday, January 15, 2012 6:58 PM
 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?ˇ), 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?ˇI love watching movies with
 my husband and son and would like to
 independently rent movies for my family at
 Redboxes,â?ˇ 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?ˇ 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?ˇ 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?ˇ 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?ˇ 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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