[Colorado-Talk] Resolutions Proposed for the 2021 National Federation of the Blind Convention

Curtis Chong chong.curtis at gmail.com
Tue Jul 6 15:12:12 UTC 2021


Greetings:

 

Please find below the sixteen resolutions that are going to be considered
tomorrow by the Resolutions Committee at our national convention.
Resolutions which are adopted by the Committee will next be considered by
the full convention on Saturday, July 10.

 

Regards,

 

Curtis Chong

 


2021 Proposed Resolutions


The official policies of the National Federation of the Blind are
established every year with annual resolutions adopted at the
<https://nfb.org/get-involved/national-convention> national convention. The
following resolutions will be considered by the resolutions committee on
July 7. Those that pass will be considered by the full convention on July
10.

*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#01> Resolution 2021-01:Regarding the Medical Device Nonvisual
Accessibility Act
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#02> Resolution 2021-02:Regarding Suppression of the Rights of
Voters with Disabilities
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#03> Resolution 2021-03:Regarding Advancing Employment of the Blind
in Military Service
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#04> Resolution 2021-04:Regarding the Use of Overlays to Make
Websites Accessible to the Blind
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#05> Resolution 2021-05:Regarding Mail Problems that Interfere with
NLS Services
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#06> Resolution 2021-06:Regarding Due Process for Potential
Applicants and Consumers of Guide Dog School Services
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#07> Resolution 2021-07: Regarding AbilityOne-Approved Nonprofits
That Deny Employment to Individuals Who Use Text-to-Speech Software
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#08> Resolution 2021-08: Regarding the Unwillingness of
Ophthalmologists and Other Medical Professionals to Inform Newly Blind
People of the Benefits of Rehabilitation Services
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#09> Resolution 2021-09: Regarding Accessible Electronic Ballot
Return
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#10> Resolution 2021-10: Regarding the Department of
Transportation's Updated Air Carrier Access Act Regulations for Service
Animals
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#11> Resolution 2021-11: Regarding Accessible Technology for
Federal Employees and Applicants
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#12> Resolution 2021-12: Regarding the Inadequacies of the
International Guide Dog Federation Standards
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#13> Resolution 2021-13: Regarding Urging the Department of
Veterans Affairs to Accept Certifications Issued by the National Blindness
Professional Certification Board
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#14> Resolution 2021-14: Regarding the Digital Accessibility of
Conferences
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#15> Resolution 2021-15: Regarding Better Protection for
Pedestrians when Crossing Bike Lanes to Reach Floating Bus Stops and Shared
Cycle Track Stops
*
<https://nfb.org/resources/speeches-and-reports/resolutions/2021-proposed-re
solutions#16> Resolution 2021-16: Regarding the Accessibility of Kiosks in
US Department of Veterans Affairs Medical Facilities


Resolution 2021-01: Regarding the Medical Device Nonvisual Accessibility Act



WHEREAS, home-use medical devices are becoming more prevalent and less
accessible to blind Americans; and

WHEREAS, most newer models of home-use medical devices such as glucose and
blood pressure monitors as well as emerging in-home devices that offer
medical care options such as chemotherapy treatments and dialysis require
that consumers interact with digital displays or other visual interfaces;
and

WHEREAS, the health, safety, and independence of blind Americans may be in
imminent danger unless developers integrate nonvisual accessibility in the
design phase; and

WHEREAS, accessibility is relatively easy and inexpensive to implement when
it is incorporated into the design of a product from the outset; and

WHEREAS, the ability to operate all home-use medical devices nonvisually is
essential to a blind person's wellbeing, independence, and overall quality
of life: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization urge the
United States Congress swiftly to consider and pass the Medical Device
Nonvisual Accessibility Act, thereby ensuring and protecting the
independence, safety, and health of blind Americans.


Resolution 2021-02: Regarding Suppression of the Rights of Voters with
Disabilities


WHEREAS, being able to cast a ballot privately and independently is the
bedrock of our democracy; and 

WHEREAS, the passage of the Help America Vote Act (HAVA) has enabled the
majority of blind voters and many others with disabilities to exercise their
right to vote privately and independently at polling places; and

WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires that
voters with disabilities be provided the opportunity to exercise their right
to vote equal to the opportunity provided voters without disabilities; and

WHEREAS, states that require voter identification or medical documentation
or are limiting polling locations are restricting that right by creating
barriers for individuals with disabilities; and 

WHEREAS, the time and expense in obtaining state issued ID or other forms of
identification can be onerous and therefore create a barrier for voters with
disabilities; and 

WHEREAS, legislation requiring voter identification has been enacted or is
currently before the legislature in Arizona, Alaska, Arkansas, Alabama,
Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Kansas,
Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi,
Montana, Nebraska, New Hampshire, New Jersey, New York, Nevada, North
Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia,
Washington, and West Virginia; and

WHEREAS, medical certification forms are frequently not available in an
accessible format; require the signature of a medical or rehabilitation
professional; and as a result are excessive and unnecessary hurdles for
voters with disabilities to overcome, as well as a potential violation of
privacy for disabled voters; and

WHEREAS, Alabama, Louisiana, and Texas have enacted or have bills currently
before their legislatures requiring medical documentation for voters with
disabilities; and 

WHEREAS, limiting the number and/or location of early voting and election
day polling places may prevent some voters with disabilities from accessing
a polling place due to a lack of transportation; and

WHEREAS, legislation limiting the number or location of early voting or
election day polling places has been enacted by or is currently before the
legislatures in Arkansas, Arizona, Georgia, Illinois, Iowa, Kentucky,
Michigan, Minnesota, Missouri, Montana, North Dakota, Nevada, South
Carolina, Tennessee, Texas, and Washington; Now, therefore, 

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization condemn and
deplore all acts of suppression that make it difficult for blind and
disabled voters to exercise their right to vote; and

BE IT FURTHER RESOLVED that this organization demand that state and local
election officials protect the right of voters with disabilities to cast a
private and independent ballot, as required by HAVA and Title II of the ADA,
without having to provide difficult-to-obtain state-issued identification
and documentation; and 

BE IT FURTHER RESOLVED that this organization demand that all state and
local governments implement legislation and election procedures necessary to
expand the number of polling locations so that they are accessible to public
transit routes and so voters need only travel a reasonable distance to cast
their vote. 


Resolution 2021-03: Regarding Advancing Employment of the Blind in Military
Service


WHEREAS, blind people demonstrate our capabilities by performing many
civilian jobs in the United States military, Department of Veterans Affairs,
Department of Defense, and related federal agencies; and

WHEREAS, participation in the defense of our nation through service in the
Armed Forces is as important to qualified and capable blind individuals as
it is to those who have sight, yet blind people who wish to serve in the
United States military are currently disqualified based on blindness; and

WHEREAS, blind people successfully working in noncombat positions (e.g.,
cybersecurity, personnel, finance, supply) can serve as positive role models
for veterans and civilians who become blind; and

WHEREAS, military service would teach blind people valuable skills that
could be translated to the private sector after their military service and
would provide the military with another pool of valuable talent; and 

WHEREAS, service members who become blind are frequently forced into medical
retirement instead of using their valuable experience and talent for the
service's mission; and

WHEREAS, The US Army has on occasion allowed service members, for example
Major Scott Smiley and Master Sergeant Vernon Humphrey, to remain on active
duty for a period of time after a diagnosis of blindness, but all military
services should regularly adopt this practice: Now, therefore,      

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization urge the
United States military to amend its policies to allow blind people to enlist
in military service and to provide more opportunities for service members
who become blind to remain on active duty by reclassifying their positions. 


Resolution 2021-04: Regarding the Use of Overlays to Make Websites
Accessible to the Blind


WHEREAS, companies such as EqualWeb, Max Access, UserWay, TruAbilities,
AudioEye, and accessiBe are deploying overlays as a strategy to automate the
task of making websites accessible-i.e., compliant with the Web Content
Accessibility Guidelines (WCAG) and the Americans with Disabilities Act
(ADA); and

WHEREAS, to make websites nonvisually accessible, overlays are intended
among other things to identify unlabeled graphics and automatically attach
readable text descriptions to them; to enable keyboard activation of links,
buttons, expandable/collapsible menus, and other controls which have been
incorrectly coded to be triggered only with a mouse; and to insert header
tags (often used by the blind for quick and efficient navigation on web
pages) where the print is highlighted or enlarged and not already marked as
a heading; and

WHEREAS, in achieving nonvisual access, overlays today have their
limitations; for example, they cannot determine when a picture that would be
described generically as "two people standing in front of a building" should
be described as "Sarah and George standing in front of Macy's department
store"; they cannot automatically add audio description to a video
presentation; they can inappropriately apply headings to text that is not
intended to function as a heading; they can misinterpret the layout of a
table and improperly handle row or column headings; and they cannot
accurately solve an inaccessible visual CAPTCHA; and

WHEREAS, the current inability of overlays to perform all of the tasks
critical to nonvisual access means that, while they may help to make certain
parts of a website nonvisually accessible, they alone cannot guarantee full
nonvisual access to every website where they are deployed; and

WHEREAS, companies deploying overlays have attracted hundreds of thousands
of customers by fostering the false idea that with one easy operation (e.g.,
inserting a small amount of code) their websites will be accessible and
fully compliant with prevailing web content accessibility guidelines and,
further, that they will be protected from lawsuits; and

WHEREAS, the companies deploying overlays have not, in any meaningful way,
engaged with the accessibility community, not to mention the organized
blind, to learn from a broad base of consumers whether or not overlays
really improve the accessibility of websites; and

WHEREAS, as the use of overlays has grown, blind people have encountered an
increasing number of websites where they have been prompted to turn on an
accessibility or screen reader mode by pressing ALT+1, ALT+0, or some other
key combination, but there is no readily-available information to tell them
whose overlay is operating, how to report problems with the use of the
overlay, whether or not the overlay is actually turned on, and how to
disable the overlay if it isn't working as expected; and

WHEREAS, some of the overlays which are supposed to improve the
accessibility of the websites where they are installed present accessibility
options (e.g., screen reader profile or anti-seizure profile) which are
themselves not accessible to screen-reader users; and

WHEREAS, the lack of helpful information and the presence of inaccessible
overlay controls leave people with disabilities without the means to provide
feedback and suggestions, use the overlay effectively, or report problems
related to the overlay; and

WHEREAS, given the large customer base which some overlay providers enjoy,
it is certain that the blind will encounter more and more websites where
overlays are employed, ostensibly to improve accessibility; consequently,
there is a compelling need for us to obtain direct, hands-on experience with
the various overlays on the market today in order to determine the strengths
and weaknesses of each overlay product and to identify those overlay
providers whose technology might actually offer real and sustainable
nonvisual access to websites and web-based applications; and

WHEREAS, the blind continue to fall behind as the number of websites created
and deployed far outpaces the number of websites which we can confidently
declare to be usable and accessible, and thus any solution which gives the
blind true nonvisual access is welcome: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization call upon
overlay developers and their paying customers to engage with the National
Federation of the Blind and the broader accessibility community to ensure
that overlays are developed and implemented in ways that truly improve
access to websites; and

BE IT FURTHER RESOLVED that this organization insist that current and
potential overlay customers recognize that complete and long-lasting
accessibility requires more than a one-time installation of code; that
accessibility should be a priority throughout the entire lifecycle of any
product from design to full implementation; and

BE IT FURTHER RESOLVED that this organization condemn and deplore the
unethical practices of overlay providers which attempt to convince website
owners that overlays are the easiest and most affordable way to protect a
website owner from lawsuits and make their websites accessible and compliant
with the WCAG; and we demand that overlay providers stop making misleading,
unproven, and unethical claims which falsely inflate the value and
effectiveness of their technology; and

BE IT FURTHER RESOLVED that this organization demand that companies which
develop and deploy overlays to improve accessibility design their overlays
to enable users to:

*	know that an overlay is available,
*	determine when an overlay is operating and when it is not,
*	activate or deactivate an overlay as needed,
*	configure the overlay to meet specific disability requirements
(e.g., screen-reader mode or contrast adjustment) using fully accessible
controls, and
*	obtain information to contact the overlay provider.


Resolution 2021-05: Regarding Mail Problems that Interfere with NLS Services


WHEREAS, the National Library Service (NLS) for the Blind and Print
Disabled, Library of Congress, and its cooperating network libraries provide
books and magazines in specialized formats to blind and print-disabled
children, working-age adults, and seniors losing vision; and

WHEREAS, this valuable service not only provides the major source of reading
material for these people, but also fosters literacy skills for children,
interaction in community life for adults, and hope and encouragement for the
newly blind; and

WHEREAS, NLS and its network libraries depend on the United States Postal
Service (USPS) to distribute its materials and the digital players, Braille
displays, and other equipment needed to listen to or read these books; and

WHEREAS, these libraries are permitted to use the Free Reading Matter
provisions of the postal regulation and the USPS claims on its website that
Free Reading Matter is "treated as First-Class Mail for purposes of
processing, delivery and forwarding, and return if undeliverable"; and

WHEREAS, from June 2020 to the present, far too many library customers
across the nation have experienced long delays or total absence in receiving
their books and equipment, even though the libraries have sent them to the
individual patron using the USPS; and

WHEREAS, this failure by the USPS not only has a detrimental effect on the
lives of blind and print-disabled Americans, but is also creating a loss of
taxpayer dollars since digital players, Braille displays, and other valuable
equipment are stuck in the post office, never reaching the people who need
it; and

WHEREAS, blind and print-disabled citizens cannot use the USPS Informed
Delivery service for residential customers to see if they will be receiving
library materials or equipment because it is inaccessible; and

WHEREAS, in Resolution 2018-19, the National Federation of the Blind urged
USPS to make this service accessible and informed the agency that it was
violating federal law, but the result was no action; and

WHEREAS, although Congress created and funded the Books for the Blind
program under the Pratt-Smoot Act of 1931, neither the Library of Congress
nor Congress itself demands any accountability from the USPS, which plays a
vital role in the success or failure of the program: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization condemn and
deplore the failure of the United States Postal Service to deliver materials
and equipment to and from library patrons in a timely manner; and

BE IT FURTHER RESOLVED that this organization insist that the Librarian of
Congress annually issue a report card to USPS based on data from NLS and its
cooperating network libraries on the timely delivery of materials and
equipment; and

BE IT FURTHER RESOLVED that this organization strongly urge the United
States Congress to require the USPS to report to the Congress on steps that
the USPS intends to take to improve timely delivery of library materials and
equipment to ensure that these items are truly treated as First-Class Mail;
and

BE IT FURTHER RESOLVED that this organization demand that the USPS
immediately end its discriminatory practices by making its Informed Delivery
service accessible to blind and print-disabled citizens. 
 


Resolution 2021-06: Regarding Due Process for Potential Applicants and
Consumers of Guide Dog School Services


WHEREAS, a guide dog is not only an important vehicle for independence and
freedom but also offers emotional support and companionship to its handler;
and

WHEREAS, the National Association of Guide Dog Users (NAGDU) has been
contacted by guide dog users on a number of occasions concerning unwarranted
and inappropriate repossession of their guide dogs by the guide dog training
organization that provided the users with their guide dogs; and

WHEREAS, training schools often remove the guide dog without even bothering
to consult the user in advance to identify whether the school's information
about problems is accurate, and even sometimes refuse to provide any
justification at all; and

WHEREAS, if guide dog handlers ask to appeal the training program's
decision, they are frequently told that the supposed appeal was conducted
internally, although there was never an opportunity for input from the
handlers; and

WHEREAS, for example, in March 2021, Southeastern Guide Dogs, Inc. in
Florida took a dog that the handler had possessed for eight years without
prior notice to the handler that there might be a problem and also refused
to allow the handler to participate in the appeals process, leaving the
handler distraught over the loss of the dog and coping with reduced travel
independence; and

WHEREAS, guide dog schools further disregard consumer rights by refusing to
provide accessible training materials, contracts, policies and procedures,
and other information to consumers and potential applicants, even though
knowledge about how to provide materials in specialized formats is readily
available; and

WHEREAS, many guide dog training schools have engaged in this unlawful and
paternalistic disregard of the handler's rights for many years: Now,
therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization condemn and
deplore the seizure of any guide dog by any guide dog training program
without proper due process; and

BE IT FURTHER RESOLVED that this organization demand that all
United-States-based guide dog training programs immediately revise their
processes for repossessing guide dogs to incorporate a third party arbiter
outside of the program's influence to investigate whether a guide dog should
be removed or returned to the handler or dog owner; and

BE IT FURTHER RESOLVED that this organization insist that training schools'
policies and procedures for removing guide dogs must include an unbiased
appeals process that is decided by a third party who is approved both by the
guide dog handler and the guide dog training program and with the equal
participation of all parties in this appeals process; and

BE IT FURTHER RESOLVED that this organization strongly urge guide dog
training programs to work with the National Federation of the Blind and
NAGDU to ensure that prospective students and consumers of their services
are provided with timely, accessible information about all policies,
procedures, and practices. 


Resolution 2021-07: Regarding AbilityOne-Approved Nonprofits That Deny
Employment to Individuals Who Use Text-to-Speech Software


WHEREAS, more than five hundred nonprofit agencies participate in the
AbilityOne Program to employ individuals with disabilities through federal
product and service contracts; and

WHEREAS, these nonprofit agencies purport to provide employment
opportunities and training, including work-from-home opportunities, to
individuals with disabilities; and 

WHEREAS, some of these nonprofits use inaccessible pre-employment assessment
games, restrictive statements on their websites, or targeted interview
questions to screen out applicants who require text-to-speech access
technology; and 

WHEREAS, some of these same nonprofits refuse to provide reasonable
accommodations to employees who use text-to-speech software; and

WHEREAS, Title I of the Americans with Disabilities Act (ADA) obligates
covered entities to provide reasonable accommodations to employees and
applicants with disabilities unless the accommodation would qualify as an
undue hardship; and

WHEREAS, Title I of the ADA prohibits covered employers from denying
employment opportunities to applicants or employees with disabilities based
on their need for reasonable accommodations; Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July 2021, that this organization hereby condemn
and deplore all AbilityOne-approved nonprofits with discriminatory
employment practices that deny reasonable accommodations and screen out
applicants who use text-to-speech software; and 

BE IT FURTHER RESOLVED that this organization demand that these nonprofits
comply with the regulations implementing Title I of the ADA; and

BE IT FURTHER RESOLVED that this organization urge the AbilityOne Commission
promptly to sanction or ban from participation in the AbilityOne Program any
nonprofit that demonstrates discriminatory hiring and employment practices
against blind individuals who use text-to-speech software.


Resolution 2021-08: Regarding the Unwillingness of Ophthalmologists and
Other Medical Professionals to Inform Newly Blind People of the Benefits of
Rehabilitation Services 


WHEREAS, the National Federation of the Blind knows that blindness is not
the characteristic that defines you or your future, but many members of the
general public do not believe or understand this principle; and

WHEREAS, too many medical professionals, such as ophthalmologists, hold the
same misconceptions about the capabilities of blind people as the rest of
society; and

WHEREAS, newly blind people frequently become frustrated because they cannot
find information about how to adjust to blindness and have not been exposed
to the positive philosophy of the National Federation of the Blind; and

WHEREAS, since ophthalmologists are already treating newly blind people,
they could provide such information but rarely do because they view
blindness as a failure of their practice; and

WHEREAS, diabetes is the leading cause of blindness in adults, and diabetes
requires medical care from endocrinologists and other medical professionals
who could also improve the quality of life and independence of their
patients by giving them information about rehabilitation services but
frequently fail to do so; and

WHEREAS, the best way to change the attitudes of medical professionals
towards blindness is to influence their training programs at a high level,
such as reaching out to the Accreditation Council for Graduate Medical
Education (ACGME), which evaluates medical residency and internship
programs, and other similar organizations: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization strongly urge
the CEOs or governing bodies of medical professional organizations such as
the American Academy of Ophthalmology, the American Association of Clinical
Endocrinology, and the Association of Diabetes Care & Education Specialists
to work with the National Federation of the Blind to develop a resource list
of rehabilitation services for blind patients and to encourage their
membership to distribute this information so that newly blind people learn
that they can live the lives they want; and

BE IT FURTHER RESOLVED that this organization urge the ACGME to work with
the National Federation of the Blind to ensure that medical professionals
know that they have an obligation to inform their patients about adjustment
to blindness resources and the benefits of the positive philosophy of the
National Federation of the Blind. 


Resolution 2021-09: Regarding Accessible Electronic Ballot Return


WHEREAS, the ability to cast a secret ballot independently is a cornerstone
of our democracy that enables citizens to vote their conscience without
fear; and

WHEREAS, Title II of the Americans with Disabilities Act requires that
voters with disabilities be afforded an opportunity to exercise the right to
vote that is equivalent to the opportunity afforded to voters without
disabilities; and

WHEREAS, Section 504 of the Rehabilitation Act states that public entities
that receive federal financial assistance may not discriminate against
people with disabilities in their programs, services, or activities; and

WHEREAS, the percentage of voters who vote by mail has steadily increased
since 1996, and, according to the MIT Election Data Science Lab report,
about half of all voters voted by mail in the 2020 election;

WHEREAS, while accessible electronic ballot delivery was available to voters
with disabilities in approximately twenty-five states, only five of these
states permitted the marked ballot to be returned electronically, and the
remaining states required that the ballot be printed, signed, and returned
by mail or placed in a dropbox; and

WHEREAS, many blind voters do not own or have easy access to printers and as
a result must rely on a friend, family member, or copy center to print their
ballot and need sighted assistance to sign the ballot, which jeopardizes the
secrecy of their ballot, or sign the return envelope, which jeopardizes
their independence; and

WHEREAS, accessible electronic ballot return enables blind and low-vision
voters to return an absentee or by mail ballot privately and independently
using their own access technology without needing to print or sign the
ballot; Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization demand that
all United States jurisdictions provide accessible electronic ballot
delivery and return for all federal, state, and local elections starting
with the 2022 election cycle so that all blind and low-vision voters who
vote absentee or by mail can mark and return their ballot privately and
independently as required by Title II of the Americans with Disabilities Act
and Section 504 of the Rehabilitation Act. 


Resolution 2021-10: Regarding the Department of Transportation's Updated Air
Carrier Access Act Regulations for Service Animals 


WHEREAS, the United States Department of Transportation (DOT) released new
Air Carrier Access Act (ACAA) regulations on the transportation of service
animals, which went into effect on January 11, 2021; and
    
WHEREAS, pursuant to the new regulations, airlines now require travelers
with service animals to fill out a DOT form to travel; and
    
WHEREAS, the new DOT regulations and guidance allow airlines to require that
this form be completed in a PDF or HTML format, but some airlines are
requiring both, creating a time-consuming process of entering substantially
duplicative information in two different formats; and
    
WHEREAS, even though large guide dogs are trained to fit into small spaces,
the new regulations state that, if airline personnel believe a service
animal is too large to fit in a traveler's personal floor space, the
traveler with the service animal must either purchase an additional seat for
the service animal or allow the service animal to be transported in the
cargo hold or wait for another flight with more room; and

WHEREAS, DOT presented no evidence that actual service animals were the
cause of any problems in air travel; and

WHEREAS, other businesses, including entertainment venues and rental
property management companies, have begun requiring similar forms for
service animal users in contravention of the laws governing those
businesses; and
    
WHEREAS, guide dog users are being burdened with these new regulations
because of emotional support animals and pets that are fraudulently claimed
as service animals: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in convention
assembled this tenth day of July, 2021, that this organization condemn and
deplore the Department of Transportation for permitting airlines to require
guide dog users to complete and submit burdensome, onerous, and duplicative
forms, despite presenting no evidence that guide dogs are a direct threat to
anyone; and

BE IT FURTHER RESOLVED that this organization condemn and deplore the
Department of Transportation for ruling that airlines may require blind
guide dog users with large service animals to purchase an extra seat or risk
being given the choice of having their guide dog placed in the cargo hold or
their flight rescheduled; and

BE IT FURTHER RESOLVED that this organization demand that the Department of
Justice find landlords, businesses, and other non-airline entities that
require any pre-approval or completion of any forms for blind people to be
accompanied by a guide dog to be in violation of the Americans with
Disabilities Act; and

BE IT FURTHER RESOLVED that this organization urge the Secretary of
Transportation to review and amend the DOT ACAA regulations to ensure that
guide dog users do not continue to experience discrimination, including
discrimination based on guide dog size; and

BE IT FURTHER RESOLVED that this organization urge the airlines, as well as
the Department of Transportation, to work with the National Federation of
the Blind to ensure that the amended ACAA regulations require no more than
an oral attestation by a blind person that their guide dog is a service
animal and that any misrepresentation of a pet as a service animal is a
violation of federal law.


Resolution 2021-11: Regarding Accessible Technology for Federal Employees
and Applicants


WHEREAS, Section 508 of the Rehabilitation Act requires that technology
developed, procured, maintained, or used by the federal government must be
accessible to people with disabilities, including federal employees and the
general public; and

WHEREAS, Section 508 requirements apply to all federal workplace technology,
including time and attendance, issue tracking, training, and all other
software, virtual meeting spaces, and other technologies; and

WHEREAS, Section 501 of the Rehabilitation Act prohibits federal agencies
from discriminating against employees and applicants based on disability and
requires agencies to comply with diversity and inclusion processes designed
to improve the recruitment, hiring, advancement, and retention of federal
employees and applicants with disabilities; and 

WHEREAS, many blind federal employees cannot perform essential functions of
their jobs, are prohibited from advancing in their careers, or are not hired
because of agencies' use of inaccessible technology; and 

WHEREAS, the National Federation of the Blind has engaged in litigation with
the United States Department of Agriculture, Department of Justice, Office
of Management and Budget, General Services Administration, and other federal
agencies or offices to remedy Section 508 and 501 violations; and

WHEREAS, federal agencies continue to use technology that is inaccessible to
employees with disabilities regardless of federal law and legal precedence:
Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization call on the
United States Congress to convene a Section 508 Oversight Hearing to examine
and evaluate failures of federal agencies to comply with Section 508 of the
Rehabilitation Act; and

BE IT FURTHER RESOLVED that this organization urge all federal agencies
promptly to investigate and resolve Section 508 and 501 violations and
revise agency procedures to prohibit the purchase or use of any technologies
that do not comply with Section 508 requirements. 


Resolution 2021-12: Regarding the Inadequacies of the International Guide
Dog Federation Standards


WHEREAS, in 1989 the International Federation of Guide Dog Schools for the
Blind was created to accredit guide dog schools first in Europe and then
throughout the world; and

WHEREAS, this federation of schools was formed to focus on the activities of
"access, animal breeding, care and veterinary matters, funding
opportunities, staff selection and training, and student selection and
training" as described in the Federation's history located on its website;
and

WHEREAS, later, as the influence of this organization grew and the number of
accredited school members increased, the name of the organization was
changed to the International Guide Dog Federation (IGDF); and

WHEREAS, the IGDF has not seen fit, by all publicly available indications,
to involve any independent consumer representatives in its policy-making
processes; and

WHEREAS, the IGDF has not demonstrably promulgated any specific standards
that enumerate or expressly protect the rights of guide dog training program
consumers within the IGDF accreditation standards; and 

WHEREAS, at least within the United States historically numerous guide dog
training programs have violated the civil and/or legal rights of their
consumers including the unwarranted, unsubstantiated, inappropriate, and
unannounced seizure of guide dogs from their users without any visible
resultant action on the part of IGDF to address the concerns and complaints
of consumers; and

WHEREAS, many of the guide dog schools in the United States that have
violated the rights of consumers are accredited by the IGDF; and

WHEREAS, the National Association of Guide Dog Users (NAGDU) as early as
March 2011 adopted the "Guide Dog User's Bill of Rights," which in writing
proposes a program that all guide dog training schools could adopt in order
to provide their  consumers with protection of their basic human, civil, and
legal rights as well as giving these programs a framework for ways to
interact and work with students during their instruction at the training
programs; and

WHEREAS, guide dog training programs in this country, as well as the IGDF,
continue systematically to ignore enactment of the methods, protections, and
support of consumers as provided by the NAGDU bill of rights; and

WHEREAS, thousands of accrediting bodies and professional organizations
within the United States across a wide range of disciplines and fields from
the National Association of Social Workers to the Accreditation Board for
Engineering and Technology and the Accreditation Council for Continuing
Medical Education, recognize both the inherent need for and numerous
benefits of transparency; and 

WHEREAS, to that end accrediting bodies make their accreditation standards
fully, readily, and publicly available to any and all interested parties, as
opposed to the IGDF, whose standards include specific language saying that
the standards are not to be shared or disseminated: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization call upon the
IGDF to work with the National Federation of the Blind and NAGDU to create
and promulgate standards and best practices that protect the rights of blind
consumers of the services of guide dog training programs; and

BE IT FURTHER RESOLVED that we call on the IGDF to include on its board
consumer representatives from the organized blind who will have full and
equal participation, including voting rights, equivalent to those conferred
upon all other board members; and

BE IT FURTHER RESOLVED that we call on the IGDF to make its current
accreditation standards immediately available in full in a publicly
available, accessible internet site, not only to the National Federation of
the Blind and the National Association of Guide Dog Users, but to all
members of the public, blind and sighted alike.


Resolution 2021-13: Regarding Urging the Department of Veterans Affairs to
Accept Certifications Issued by the National Blindness Professional
Certification Board


WHEREAS, veterans who have served their country in the military deserve
high-quality rehabilitation that empowers and inspires them to live the
lives they want; and

WHEREAS, in 2001 the National Blindness Professional Certification Board
(NBPCB) was created and now offers certifications in orientation and
mobility, rehabilitation teaching, literary Braille, and Unified English
Braille and emphasizes a positive philosophy of blindness and the importance
of blind role models; and

WHEREAS, the Department of Veterans Affairs does not accept certifications
issued by the NBPCB and recognizes certifications only by the Academy for
Certification of Vision Rehabilitation and Education Professionals (ACVREP)
when hiring rehabilitation personnel; and

WHEREAS, certifications issued by ACVREP, such as the Certified Orientation
and Mobility Specialist, have traditionally been explicitly off-limits to
blind applicants, thus marginalizing blind people within the professional
community affiliated with ACVREP; and

WHEREAS, the NBPCB was established to administer certifications for
blindness rehabilitation professionals in a way that does not discriminate
against blind instructors and thus treats blind and sighted instructors
equally; and

WHEREAS, blind people holding certifications from the NBPCB have been
successfully providing vocational rehabilitation services to blind adults
through vocational rehabilitation programs funded by the United States
Department of Education since 2001, demonstrating their capabilities for the
last twenty years: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in convention
assembled this tenth day of July, 2021, that this organization strongly urge
the Department of Veterans Affairs immediately to amend its human resource
policies to accept certifications issued by the National Blindness
Professional Certification Board so that they are recognized as valid and
treated equally to certifications from the Academy for Certification of
Vision Rehabilitation and Education Professionals.
 


Resolution 2021-14: Regarding the Digital Accessibility of Conferences


WHEREAS, in almost every professional field, conferences regularly occur in
which presenters analyze or teach topics related to a subject of shared
interest; and

WHEREAS, conferences are, in fact, so common as to be organized in
furtherance of nearly any field of human endeavor, addressing academic,
civic, recreational, or personal subjects; and

WHEREAS, over the many years that conferences have been organized around the
world, solutions have been developed to implement principles of universal
design, inclusive participation, and accessible use; and

WHEREAS, international standards for the accessibility of information and
communication technology (ICT) have been established by broad consensus,
following decades of experience with accessibility problems across
government, corporate, and consumer sectors of society; and

WHEREAS, central to these standards are the Web Content Accessibility
Guidelines (WCAG), developed by the World Wide Web Consortium; and

WHEREAS, WCAG has been extended to be technology neutral, covering domains
such as video presentations, online chats, and mobile apps, in addition to
websites; and

WHEREAS, despite existing standards and solutions, blind people continue to
encounter unnecessary barriers to full participation in conferences,
including events within the field of accessibility; and

WHEREAS, problems frequently arise from a common practice in conferences
where speakers show slides during their presentations, whether live or
recorded; and

WHEREAS, slides enrich a presentation in multiple ways, such as giving an
outline summary of the content that helps learners understand its hierarchy
and highlights; and

WHEREAS, slides also share precise written information, including names,
URLs, and email addresses, that would be tedious, time-consuming, or
error-prone for presenters to speak and spell; and

WHEREAS, multiple techniques exist for making this content accessible to
blind conference participants; and

WHEREAS, one technique requires presenters to submit an advanced electronic
copy of their slides, conformant with accessibility guidelines; and

WHEREAS, such slide decks-in formats like PPTX, PDF, or HTML-are then made
available for conference attendees to read in ways that work best for them,
either with or without access technology; and

WHEREAS, it is equally important that presenters who are blind, not only
attendees, are afforded a fully accessible process, from submitting a
proposal to delivering a presentation, thereby enabling audiences to benefit
from their expertise; and

WHEREAS, conferences about accessibility itself should serve as role models,
but often they are not: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization strongly urge
that conferences in all fields make their digital content and procedures
nonvisually accessible based on international standards, applicable to
experiences of both attendees and presenters; and

BE IT FURTHER RESOLVED that this organization call upon conferences in the
field of accessibility in particular to model and promote best practices in
digital accessibility, including among others, the following annual events:
CSUN Assistive Technology Conference, Accessing Higher Ground, AccessU, and
M-Enabling Summit.


Resolution 2021-15: Regarding Better Protection for Pedestrians when
Crossing Bike Lanes to Reach Floating Bus Stops and Shared Cycle Track Stops


WHEREAS, floating bus stops, protected bike lanes, and shared cycle track
stops are becoming common in many urban and suburban areas; and

WHEREAS, a floating bus stop is a stop on an island in the middle of the
street that allows the bus to stay in its travel lane rather than pulling up
to the curb while allowing cyclists to continue their use of a bike lane
situated along the curb; and 

WHEREAS, a shared cycle track stop is a stop where a protected bike lane
rises and runs along the boarding area, along the extended curb, rather than
wrapping behind the boarding area, and bicyclists can ride through the
boarding area when no transit vehicles are present but should yield the
space to boarding passengers when a bus stops; and

WHEREAS, pedestrians are in danger because they must cross these bike lanes
to get to a floating bus stop or shared cycle track stop, which could
involve crossing in the middle of the block, where there are no traffic
lights and in many cases no crosswalk markings; and

WHEREAS, traffic control devices would offer some protection to pedestrians
by reducing the speed of bicycles, electric and low speed scooters, and
other micro-mobility devices; and

WHEREAS, blind pedestrians face an additional danger because bicycles,
electric and low-speed scooters, and similar micro-mobility devices are
usually silent and therefore cannot be heard by blind pedestrians: Now,
therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization urge county
governments and local municipalities to make greater efforts to consider the
needs of and gather input from pedestrians, including the blind, when
designing bicycle lanes, floating bus stops, and shared cycle track stops to
ensure that traffic-controlling devices are effective; and

BE IT FURTHER RESOLVED that this organization urge cities and municipalities
across the United States to mark crosswalks and provide other signage
between curbs and floating bus or shared cycle track stops to warn
bicyclists and users of electric and low-speed scooters and other
micro-mobility devices about a pedestrian crossing zone; and

BE IT FURTHER RESOLVED that this organization urge cities and municipalities
across the United States to pass laws or ordinances mandating that
pedestrians in these crosswalks always have the right of way. 


Resolution 2021-16: Regarding the Accessibility of Kiosks in US Department
of Veterans Affairs Medical Facilities


WHEREAS, kiosks are increasingly used in Veterans Affairs (VA) medical
facilities and community-based outpatient facilities nationwide as a means
to improve veterans' access to their health information; and  

WHEREAS, VA kiosks are used to conduct patient intake, update personal and
insurance information, and complete other administrative tasks, with
additional functions slated to be added; and

WHEREAS, these kiosks lack the necessary audio navigation prompts and are
almost universally inaccessible to blind veterans; and 

WHEREAS, blind veterans deserve the same privacy, respect, and independence
afforded to sighted veterans, but blind veterans are often forced to rely on
assistance from sighted patients or others and as a result risk sharing
private health information simply to check in for appointments; and

WHEREAS, this can be a humiliating and degrading experience that compromises
the privacy each veteran should be able to expect; and

WHEREAS, the VA facilities using these kiosks are covered by Sections 504
and 508 of the Rehabilitation Act and are prohibited from discriminating
against individuals with disabilities and using inaccessible technology; and


WHEREAS, existing technology allows accessibility features, including audio
output, to be built into the operating systems used in kiosks; and

WHEREAS, the hardware of these kiosks is often already configured for audio
output and keyboard or touch-screen input, and therefore there are no
technological reasons why these kiosks cannot be made accessible to the
blind, offering full equality of access: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this tenth day of July, 2021, that this organization condemn and
deplore the United States Department of Veterans Affairs use of inaccessible
kiosks in VA medical facilities in violation of federal law and in disregard
of the needs of many of the veterans who sacrificed so much for their
country; and

BE IT FURTHER RESOLVED that this organization demand that the Department of
Veterans Affairs stop using inaccessible kiosks immediately; and 

BE IT FURTHER RESOLVED that this organization demand that the Department of
Veterans Affairs purchase and use only kiosks that offer full and equal
access for the blind.
 

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