[Ct-nfb] FW: National Federation of the Blind Assists in Litigation Against Philadelphia Free Library

Wed May 2 21:37:35 UTC 2012

From: Freeh, Jessica [mailto:JFreeh at nfb.org] 
Sent: Wednesday, May 02, 2012 2:34 PM
To: Adelmo Vigil; Alpidio Rolon; Amy Buresh; Beth Rival; Bill Packee; Bob
Kresmer; Carl Jacobsen; Cassandra McNabb; Cathy Jackson; Charlene Smyth;
Christine G. Hall; Dan Hicks; Daniel Burke; Donna Wood; Duane Iverson; Elsie
Dickerson; Frank Lee; Franklin Shiner; Fred Schroeder; Garrick Scott; Gary
Ray; Gary Wunder; Grace Pires; J.W. Smith; James Antonacci; James Brown;
Jeannie Massay; Jennifer Dunnam; Joe Ruffalo; John Batron; John Fritz; Joy
Harris; Joyce Scanlan; Ken Rollman; Kimberly Flores; Larry Posont; Lynn
Majewski; Mary Willows; Melissa Riccobono; Michael Barber; Michael Freeman;
Mika Pyyhkala; Nani Fife; Pam Allen; Parnell Diggs; Patti Chang; Patty
Estes; Rena Smith; Ron Brown; Gardner, Ron; Sam Gleese; Scott LaBarre; Shawn
Callaway; Terry Sheeler
Subject: National Federation of the Blind Assists in Litigation Against
Philadelphia Free Library

FOR IMMEDIATE RELEASE

CONTACT:

Chris Danielsen

Director of Public Relations

National Federation of the Blind

(410) 659-9314, extension 2330

(410) 262-1281 (Cell)

cdanielsen at nfb.org

National Federation of the Blind Assists in Litigation
Against Philadelphia Free Library

Philadelphia, Pennsylvania (May 2, 2012): With the assistance of the
National Federation of the Blind <http://www.nfb.org/> , four blind patrons
of the Philadelphia Free Library-Denice Brown, Karen Comorato, Patricia
Grebloski, and Antoinette Whaley-have filed suit (case number: 12-2373)
against the library because they cannot access one of the library's programs
for which they are eligible.  The Philadelphia Free Library has instituted
and announced plans to expand a program in which free NOOK Simple Touch
e-readers, which are manufactured and sold by Barnes & Noble, are loaned to
patrons over the age of fifty.  Unlike some other portable e-readers that
use text-to-speech technology and/or Braille to allow blind people to read
e-books, the NOOK devices are completely inaccessible to patrons who are
blind.  The library's conduct violates Section 504 of the Rehabilitation Act
of 1973 and Title II of the Americans with Disabilities Act (ADA).  

The Philadelphia Free Library is aware that the NOOK devices are
inaccessible, and library personnel have openly discouraged two of the blind
plaintiffs from even attempting to check out one of the devices.  The
library is also aware that it is violating federal laws, having been so
advised by the United States Department of Education, which has issued both
a Dear Colleague letter
<http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html>
and a subsequent Frequently Asked Questions
<http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.html>
document regarding the obligation of federally funded institutions to
purchase accessible e-book readers and other technologies.  The Philadelphia
Free Library does have a branch that lends Braille and audio books from the
National Library Service for the Blind and Physically Handicapped of the
Library of Congress to blind patrons, but the selection of books is limited,
and books are not available in these formats until months or years after
they are released to the general public.

Dr. Marc Maurer, President of the National Federation of the Blind, said:
"The technology to make e-books accessible exists, allowing blind people for
the first time to buy or borrow books as soon as they are released.  Too
many e-book platforms and devices, however, remain needlessly inaccessible
to the blind and others who cannot read print.  Libraries have a legal
obligation to serve their blind and print-disabled patrons and to not
discriminate against them.  They should be purchasing accessible e-book
reading devices and demanding that their vendors provide them, not
perpetuating the status quo by purchasing inaccessible technology and
needlessly relegating their blind and print-disabled patrons to separate and
unequal service.  This is the standard to which we intend to hold the
Philadelphia Free Library and any other public library that chooses to flout
the law by purchasing and lending inaccessible e-book technology."

Denice Brown, one of the plaintiffs in the lawsuit, said: "I am disappointed
and frustrated that I cannot use the exciting new e-book technology being
offered by my local library.  Worse yet, I was treated like a second-class
citizen when I visited the library and asked about this new technology, with
library personnel initially refusing even to help me fill out a form so that
I could check out a NOOK Simple Touch.  I hope that the Philadelphia Free
Library, of which I am a patron, will make a strong commitment to
accessibility and cease its discrimination against me and other blind
patrons."

For further illustration of this important issue, please view this video
comparing the NOOK Simple Touch with accessible e-book technology.
<http://www.youtube.com/watch?v=_CNQCrowbUI&feature=plcp> 

The plaintiffs are represented in this matter by Daniel F. Goldstein, Sharon
Krevor-Weisbaum, and Daniel A. Ross of the Baltimore firm Brown, Goldstein,
and Levy; and David Rudovsky of the Philadelphia firm Kairys, Rudovsky,
Messing & Feinberg.

###

About the National Federation of the Blind 

With more than 50,000 members, the National Federation of the Blind is the
largest and most influential membership organization of blind people in the
United States. The NFB improves blind people's lives through advocacy,
education, research, technology, and programs encouraging independence and
self-confidence. It is the leading force in the blindness field today and
the voice of the nation's blind. In January 2004 the NFB opened the National
Federation of the Blind Jernigan Institute, the first research and training
center in the United States for the blind led by the blind.

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