[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 personâ€."!!! 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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