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

David Evans drevans at bellsouth.net
Mon Jan 16 19:37:18 UTC 2012



----- Original Message ----- 
From: "Bryan Schulz" <b.schulz at sbcglobal.net>
To: "Blind Talk Mailing List" <blindtlk at nfbnet.org>
Sent: Sunday, January 15, 2012 11:31 PM
Subject: Re: [Blindtlk] REDBOX DISCRIMINATES AGAINST THE 
BLINDBYFAILINGTOPROVIDE ACCESSIBLE SELF-SERVICE KIOSKS


> wow,
> struck a nerve there, ha.
> i was just saying i have seen a trend of blind people saying they are fine 
> or say they don't need help when doing so would make the situation go 
> smoother and they wouldn't present the mcGoo stereotype.
> second, it sounds like people looking for something similar to battle 
> after the recent airport keyosk situation and they expect a different 
> outcome?
> Bryan Schulz
>
>
>  ----- Original Message ----- 
>  From: Ray Foret Jr
>  To: Blind Talk Mailing List
>  Sent: Sunday, January 15, 2012 10:19 PM
>  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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