[Nd-talk] NFB of North Dakota - Newswire Vol. 2, No. 1

Wed Feb 7 00:00:05 UTC 2018

NEWSWIRE

National Federation of the Blind of

North Dakota

Volume 2, No. 1

Reminder

THIS IS A REMINDER - We will be holding the monthly meeting of the NFB of
North Dakota this Saturday from 2 to 4 PM at Happy Joe's, 2511 South
University Drive, Fargo, ND.

If you are unable to make the meeting in Fargo you can join us by phone by
dialing (712) 832-8300 and entering the room ID 9381122.

Paratransit

(Editor's Note: The following information comes as a result of the Ohio
affiliate posting the question "Whether any states have any laws passed by
their State Legislature". The response is put together by John Pare.)

Colleagues:

Pasted below are the relevant excerpts from the email referenced by Greg.
These questions were asked by one of our members and we thought this
exchange might be helpful in your paratransit advocacy. 

For the full list of FAQ, please visit
https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/freque
ntly-asked-questions.

Hope this helps.

1.     Lengthy Trip Times - We are getting mixed responses when it comes to
how long we can be kept on a Paratransit bus. We have heard that we can be
kept on for the amount it would take on fixed route plus an extra 30
minutes. We have also heard that we cannot be kept on for longer than an
hour and a half. Our Paratransit company, quite honestly, doesn't follow
either rule, but we would like to know which is true? Also in regards to
trip length, We have had several issues where our Paratransit company makes
us sit and wait extended periods of time on other passengers. Are they
allowed to do this? 

JGP: There is not a standard additional time. The key test is a "comparable"
trip time. Additional details are in the answer below. 

At what point is a paratransit ride no longer comparable to fixed route
based on the time spent traveling?

Under Department of Transportation (DOT) Americans with Disabilities Act
(ADA) regulations at 49 C.F.R. Section 37.121(a), "each public entity
operating a fixed route system shall provide paratransit or other special
service to individuals with disabilities that is comparable to the level of
service provided to individuals without disabilities who use the fixed route
system." Paratransit service is by nature a shared-ride service. The
standard of service is not intended to reflect that of a taxi service, which
typically transports passengers directly to their destination. A paratransit
trip should be comparable in length to an identical trip on the fixed route
system, including the time necessary to travel to the bus stop, wait for the
bus, actual riding time, transfers, and travel from the final stop to the
person's ultimate destination.

2.     Untimely Pickups - Can you please elaborate on what exactly would be
considered an untimely pickup? We have had several instances where the bus
would be over an hour late for us. Does this qualify as an example? 

JGP: Based on the answer below, actual pick up times beyond one hour of the
original request are a violation.

May an Americans with Disabilities Act (ADA) complementary paratransit
provider negotiate my pickup time?

Yes, under Department of Transportation (DOT) Americans with Disabilities
Act (ADA) regulations at 49 C.F.R. Section 37.131(b)(2), a complementary
paratransit entity may negotiate pickup times with an ADA paratransit
eligible individual, up to one hour before or after the individual's desired
departure time. Any deviation from this one-hour window would exceed the
bounds of comparability. This means that in the event an individual accepts
and takes a trip negotiated to begin more than one hour before or after his
or her desired departure time, the transit operator must still record a
denial based on its inability to provide the trip within the timeframe
specified under DOT ADA regulations.

3.     30 Minute Window - Does this coincide with "untimely pickups?" Also,
how should the 30 minute window work? For example, does it have to be 30
minutes after the scheduled pickup time? I ask because my company has
recently enforced a new version of the 30 minute rule. They say that they
are allowed to show up 15 minutes before or after our scheduled pickup time.
If they show up 15 minutes before the designated time, they are allow to
wait 5 minutes and leave, regardless of where we are. Is this acceptable?
Especially in instances such as work? 

JGP: We will need to do more research on this. Except for the guidance in
the previous answer, a "pickup window" is not addressed in the FAQ. 

4.     Reasonable Accommodations - A friend of mine who is completely blind,
and is a Paratransit passenger has been having issues with a "reasonable
accommodation" request that she put in with the company we use. The
Paratransit operators refuse to go into the entrance of the college she
attends, and therefore requires her to meet them out on the street. I have
personally witnessed that the vehicles are perfectly able to pull in and out
of the school, but the operators still do not pull into the school gates.
The school is located in a busy and unsafe area in the middle of Downtown
Atlanta. She has requested for her own safety that the company call her when
her bus arrives so she will not have to wait on the street for the vehicle.
There have been several instances now where they have left her without a
phone call, and given her the run-around about sending another bus back to
her. Now, they are telling her that they will no longer call her altogether.
I feel that given the circumstances, this is a perfectly logical and
reasonable accommodation that the company should be more than willing to do,
since they are the ones refusing to pull into her school. Do you have any
suggestions for this situation? 

JGP: Please review the answer below. I would focus on using the term
"origin-to-destination" and specify the exact building where the trip should
begin or end. 

Are paratransit service providers required to provide service beyond the
curb?

Under Department of Transportation (DOT) Americans with Disabilities Act
(ADA) regulations at 49 C.F.R. Section 37.129(a), complementary paratransit
service for ADA paratransit eligible individuals must be
"origin-to-destination" service. The goal behind use of this particular
language, rather than characterizing the service as "curb-to-curb" or
"door-to-door," is to emphasize the obligation of transit providers to
ensure that eligible passengers are able to travel from their point of
origin to their point of destination. The particular factors involved will
determine whether curb-to-curb or door-to-door service will be better for
that individual or the location. During the local paratransit planning
process, a transit provider may establish either door-to-door or
curb-to-curb service as the basic mode of paratransit service. However, a
paratransit policy must not be inflexible to the extent that service will
not be provided beyond the curb under any circumstance. Paratransit
providers must provide enhanced service on a case-by-case basis where
necessary to meet the origin-to-destination requirement; some individuals or
locations may require service that goes beyond curb-to-curb service. It
should be recognized that transit providers are not required to accommodate
individual passengers' needs which would fundamentally alter the nature of
the service or create an undue burden. Transit providers' obligations do not
extend to the provision of personal services, such as requiring a driver to
go beyond a doorway into a building to assist a passenger or requiring a
driver to lose visual contact with their vehicle. For further information,
please see the following DOT guidance document.

H.R. 620 Resources and Follow Up

(EDITOR'S NOTE: The following information is provided as an update to our
meetings with our Congressional Deligates during the Washington Seminar.
This information is provided by Dylan Hedtler-Gaudette.

Greetings fellow Federationists:

It was an absolute privilege to have the opportunity to work alongside those
of you who attended the 2018 Washington Seminar last week. The power and
energy of the National Federation of the Blind was on clear display and each
and every one of you contributed to the advancement of our legislative
priorities through your hard work and advocacy.

As a follow up to all of that work, I am passing along some helpful
resources and materials related to H.R. 620, the "ADA Education and Reform
Act of 2017." You will all remember that we strongly oppose this bill as it
would fundamentally undermine the ADA by removing any incentive for
businesses to proactively comply with the ADA as well as weaken the
standards that form the foundation of the law. 

1.     The Disability Rights Education and Defense Fund (DREDF) has
helpfully aggregated myriad useful documents and links for those of us
opposing H.R. 620. There you can find sign-on letters, legal memos, public
statements from prominent opponents, and additional background information.

2.     The House Judiciary Committee just released its Committee Report on
H.R. 620 last week. This report is a great resource as it allows us to
understand the official arguments in favor of and against H.R. 620 in
detail. This understanding will help us become even more effective in our
opposition to the bill.

3.     The op-ed that Senator Tammy Duckworth (D-IL) wrote in opposition to
H.R. 620 is also a great resource for arguments against the bill.

4.     On the anniversary of the passage of the Americans with Disabilities
Act (July 26th) last year, The Hill published an op-ed by President
Riccobono expressing our opposition to H.R. 620.

5.     The National Federation of the Blind produced a special episode of
the "Voice of the Nation's Blind" podcast that centered on our opposition to
H.R. 620.

(The Factsheets and podcast can be found on the National website at
https://nfb.org/washington-seminar and the podcast can be found at
https://nfb.org/nations-blind-podcasts

For the letter written by President Riccobono, let me know if you want to
see it.

President's Notebook for the week of February 6, 2018

(EDITOR'S NOTE: These are the important News items that I call to your
attention from the President's Notebook.)

News:

Service Animals:

I wanted to bring everyone up to date with where we are with regard to the
situation with Delta and their new service animal policy. We had a
face-to-face meeting with them in Atlanta last week and are continuing to
negotiate. There has been some press around this issue. One story can be
found at
https://www.nbcnews.com/storyline/airplane-mode/growls-are-growing-over-delt
a-s-new-rules-flying-service-n841376.

And just today we put out a press release commending United Airlines for
announcing that their policy would not change regarding travelers with dog
guides and other service animals, as opposed to animals that may fit other
categories.

Washington Seminar:

Thanks to everyone who participated in last week's Washington Seminar; it
was a tremendous success. The fruits of your labor are already beginning to
pay off. Six new cosponsors have been added to Aim High in the House and at
least fourteen House offices and one Senate office have said that they will
be cosponsoring the Access Technology Affordability Act. We also did a great
job educating members of Congress about the dangerous ramifications of H.R.
620, the ADA Education and Reform Act of 2017. And to top it all off, we are
hoping to hear substantive news regarding the Marrakesh Treaty in the next
few weeks. 

Thanks to our Florida affiliate and its strong relationship with
Congressional offices, we were able to have Congressman Gus Bilirakis speak
at this year's Great Gathering-In. Along with supporting our core issues,
Congressman Bilirakis continues to champion the right of disabled veterans
to participate in the Space Available program. 

On the topic of veterans, our tactile art exhibit and reception at the
Newseum was undoubtedly one of this year's highlights. As the first fully
accessible photography exhibit in a major American museum, the Newseum's
Marines and Tet exhibit displays ten of the most powerful and moving images
of the Vietnam War in a way that can be experienced by all. If you were
unable to visit the Newseum during your time in Washington, I highly
encourage you to make the trip during the exhibit's run, which will conclude
in July.

The National Federation of the Blind and Aira News: 

We have negotiated a special pricing plan exclusively for NFB members. Visit
the Aira website to learn more. 

The Jernigan Institute now offers free Aira site access to any Aira Explorer
when they are on-site. Minutes used while in the building will not be
deducted from your plan. In addition, NFB state conventions and our national
convention will be Aira "pop-up" site access locations in 2018 and 2019.
This means that for specific dates at convention locations, access will be
free and time using an Aira agent will not be deducted from your monthly
plan. Stay tuned for more information and details as they become available
for a location near you.

Attention Blind and Low-Vision Students:

Are you a blind or low-vision teen or do you know one who wants to spend
their summer learning, meeting new people, and having a great adventure?
Join the National Federation of the Blind at our NFB EQ program. NFB EQ is a
jam-packed week of fun and learning. Participants spend each day engaged in
activities designed to strengthen their knowledge of engineering as well as
their problem-solving abilities. In the evenings, participants hang out with
the twenty-nine other teen participants while exploring the local community
and participating in various recreational activities. Throughout the week,
participants will forge new friendships while increasing their engineering
knowledge, problem-solving abilities, self-confidence, and independence.

To learn more and to apply, visit http://www.blindscience.org/nfbeq.

Amazon's Employment Practices:

The National Federation of the Blind is trying to understand access barriers
experienced by blind individuals who work for, are subcontracted to work
for, or are seeking employment with Amazon. Our goal is to help Amazon
provide fully accessible workplaces and processes for its blind employees.
Barriers may include inaccessible online applications or pre-employment
screenings, a refusal or unnecessarily long delay in providing workplace
accommodations, or inaccessible software used at Amazon worksites. If you
have experienced any one of these barriers, or an access barrier not listed,
please contact Valerie Yingling at vyingling at nfb.org or (410) 659-9314,
-----

Please feel free to distribute to anyone who would be interested in the work
of the National Federation of the Blind of North Dakota.

Sincerely,

Milton Ota, President

National Federation of the Blind of North Dakota

Web: http://nfbnd.org/

909 8th St., S.

Fargo, ND 58103-2723

Cell: (701) 731-0511

E-mail: mota1252 at gmail.com

THE NATIONAL FEDERATION OF THE BLIND KNOWS THAT BLINDNESS IS NOT THE
CHARACTERISTIC THAT DEFINES YOU OR YOUR FUTURE. EVERY DAY WE RAISE THE
EXPECTATIONS

OF BLIND PEOPLE, BECAUSE LOW EXPECTATIONS CREATE OBSTACLES BETWEEN BLIND
PEOPLE AND OUR DREAMS. YOU CAN LIVE THE LIFE YOU WANT; BLINDNESS IS NOT WHAT
HOLDS

YOU BACK. THE NATIONAL FEDERATION OF THE BLIND IS NOT AN ORGANIZATION
SPEAKING FOR THE BLIND--IT IS THE BLIND SPEAKING FOR OURSELVES.

With Love, Hope and Determination, We Turn Dreams Into Reality.

Together We Change What It Means to Be Blind.

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