[Nfb-greeley] Fw: [Brl-monitor] The Braille Monitor, November 2018
Melissa R Green
graduate56 at juno.com
Wed Oct 31 19:35:45 UTC 2018
Sincerely,
Melissa R Green and Pj
-----Original Message-----
From: Brian Buhrow
Sent: Wednesday, October 31, 2018 9:46 AM
To: brl-monitor at nfbcal.org
Subject: [Brl-monitor] The Braille Monitor, November 2018
BRAILLE MONITOR
Vol. 61, No. 10 November 2018
Gary Wunder, Editor
Distributed by email, in inkprint, in Braille, and on USB flash
drive, by the
NATIONAL FEDERATION OF THE BLIND
Mark Riccobono, President
telephone: 410-659-9314
email address: nfb at nfb.org
website address: http://www.nfb.org
NFBnet.org: http://www.nfbnet.org
NFB-NEWSLINE® information: 866-504-7300
Like us on Facebook: Facebook.com/nationalfederationoftheblind
Follow us on Twitter: @NFB_Voice
Watch and share our videos: YouTube.com/NationsBlind
Letters to the President, address changes, subscription requests, and
orders for NFB literature should be sent to the national office. Articles
for the Monitor and letters to the editor may also be sent to the national
office or may be emailed to gwunder at nfb.org.
Monitor subscriptions cost the Federation about forty dollars per
year.
Members are invited, and nonmembers are requested, to cover
the
subscription cost. Donations should be made payable to National
Federation
of the Blind and sent to:
National Federation of the Blind
200 East Wells Street at Jernigan Place
Baltimore, Maryland 21230-4998
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.
ISSN 0006-8829
© 2018 by the National Federation of the Blind
Each issue is recorded on a thumb drive (also called a memory stick
or USB flash drive). You can read this audio edition using a computer or a
National Library Service digital player. The NLS machine has two slots-the
familiar book-cartridge slot just above the retractable carrying handle
and
a second slot located on the right side near the headphone jack. This
smaller slot is used to play thumb drives. Remove the protective rubber
pad
covering this slot and insert the thumb drive. It will insert only in one
position. If you encounter resistance, flip the drive over and try again.
(Note: If the cartridge slot is not empty when you insert the thumb drive,
the digital player will ignore the thumb drive.) Once the thumb drive is
inserted, the player buttons will function as usual for reading digital
materials. If you remove the thumb drive to use the player for cartridges,
when you insert it again, reading should resume at the point you stopped.
You can transfer the recording of each issue from the thumb drive to
your computer or preserve it on the thumb drive. However, because thumb
drives can be used hundreds of times, we would appreciate their return in
order to stretch our funding. Please use the return envelope enclosed with
the drive when you return the device.
Vol. 61, No. 10 November 2018
Contents
Illustration: Take Braille Out to the Ball Game
Respecting Blind Workers and the Laws that Protect Them
by Gary Wunder
Effectively Reporting Accessibility Issues to Developers
by Karl Belanger
Sharon Gold Dies
by Barbara Pierce
The Unexplored Dimensions of Photography: The Blind and the Freedom of
Tactile Understanding
by John Olson
The 2019 Blind Educator of the Year Award
by Edward Bell
Getting There
by Lauren Merryfield
National Federation of the Blind 2019 Scholarship Program
Living Beyond Adversity
by Brock Brown
The 2019 Distinguished Educator of Blind Students Award
by Carla McQuillan
The 2019 Dr. Jacob Bolotin Awards
by James Gashel
Recipes
Monitor Miniatures
[PHOTO/CAPTION: Orioles jersey number 18 with the Oriole's name in
Braille.
Photo courtesy of the Baltimore Orioles
[PHOTO/CAPTION: Mark Riccobono stands on the mound having wound up and
ready to throw his strike. Photo courtesy of the Baltimore Orioles]
Take Braille Out to the Ball Game
It is hard to believe that the National Federation of the Blind has
been headquartered for more than half its life in Baltimore. For some of
us
the Federation's headquarters was at 2652 Shasta Road in Berkeley,
California. For many the address 218 Randolph Hotel Building in Des
Moines,
Iowa, will be a familiar address. But being the home of the National
Federation of the Blind's headquarters for four decades brings with it
publicity, awareness, and recognition.
In recognition of the fortieth anniversary of the National
Federation
of the Blind moving its national headquarters to Baltimore, on Tuesday,
September 18, the Baltimore Orioles became the first team in American
professional sports history to incorporate Braille lettering into their
gameday uniforms. Wearing specially-designed jerseys with Braille
lettering
of both "Orioles" and player last names, they took the field to play the
Toronto Blue Jays. Afterwards the jerseys were autographed, authenticated,
and auctioned on the Oriole's website to benefit the National Federation
of
the Blind.
It wasn't just about special jerseys or the accessibility features
at
Oriole Park, either. On this historic night National Federation of the
Blind President Mark Riccobono threw out the ceremonial first pitch of the
game. The National Federation of the Blind YouTube channel has video of
this with commentary by the park announcers, watch it here:
https://www.youtube.com/watch?v=JW6fHfK0E5M. The first 15,000 fans in
attendance received a co-branded NFB/Orioles Braille alphabet card,
distributed by volunteers from the NFB. Additionally, members of the NFB
were at the OriolesREACH Community Booth near Gate D during the game.
[PHOTO CAPTION: Gary Wunder]
Respecting Blind Workers and the Laws that Protect Them
by Gary Wunder
With the completion of the October issue of the Braille Monitor, the
Monitor staff started to work on a lead article for November. Our goal was
to briefly explain the history of how and why sheltered workshops came to
be. Then we would explain the federal government's involvement in creating
a system to give these shops advantages in procuring federal contracts. We
would then give the names and roles of the agencies that have, for eighty
years, made up the system that has provided work for many blind people.
Lastly we would reveal the changes AbilityOne has made in the area of
contracting for the blind, how it violates several federal laws, and what
we in the Federation plan to do about it.
It turns out that our lawsuit against the AbilityOne Commission and
the press release announcing it came before the would-be article took
shape, and the result is something better. That something is the very
filing we made in federal court on September 26, 2018. It meets all of my
objectives, gives our readers first-hand source material, and the only
thing missing will be the gentle transitions from one point of fact to the
next, from one allegation to the next, and from one prayer to the court to
the next-easier for the staff of your magazine, and faster for our
readers.
First you will read our press release-an introduction to what is to
come. Then comes what the court is being given: the history, the current
issues, and what we are asking the court to do based on them. I hope you
will enjoy, as I did, the brilliant writing of the talented staff and
lawyers who have crafted our complaint. As a Federationist I feel proud to
be associated with them, with these documents, and with an organization
that can so effectively bring such injustice to the attention of a system
with the ability to set it right. Here is our press release and our
complaint:
FOR IMMEDIATE RELEASE
National Federation of the Blind Sues US AbilityOne Commission
Alleges Violation of Federal Transparency Laws and Regulations
Baltimore, Maryland (September 26, 2018): The National Federation of
the Blind, the nation's oldest and largest organization of blind
Americans, filed suit today against the US AbilityOne Commission,
which oversees a federal program that is supposed to advance work
opportunities for the blind and other Americans with disabilities.
The lawsuit, filed in federal court in Maryland, alleges that
AbilityOne violated the Administrative Procedure Act and federal
grantmaking and contracting laws when it designated the American
Foundation for the Blind (AFB) as a "central nonprofit agency" (CNA)
in the AbilityOne program and signed a long-term agreement with AFB.
The Administrative Procedure Act requires federal agencies to give
public notice and an opportunity for public comment before making
changes to their programs and the requirements for federal grants
and
contracts require competitive procedures to ensure the most
qualified
bidders are able to apply.
The AbilityOne program was created in 1938 specifically to increase
employment opportunities for the blind. It requires federal
contracts
to be preferentially awarded to contractors that primarily employ
workers with disabilities. Currently, over $3 billion in goods and
services are purchased from over five hundred AbilityOne contractors
each year, with more than half from the Department of Defense. The
AbilityOne Commission oversees the awards of these contracts and
compliance by the contractors. It does so through two CNAs: National
Industries for the Blind (NIB) and SourceAmerica.
Without notice and comment or any opportunity for other bidders to
apply, AbilityOne made AFB a third CNA as of July 26, 2018. The
National Federation of the Blind is challenging this action and
asking
the federal court to reverse it. If it had been apprised of the
opportunity, the NFB would have bid on the contract to become a CNA
with the goal of leveraging the power of its fifty thousand members,
its nearly eight decades of experience representing the interests of
blind workers, and its three affiliated rehabilitation training
centers, to move the AbilityOne program toward the full
participation
of blind people in competitive integrated employment, including new
and emerging industries that pay prevailing wages, offer
opportunities
for advancement, and provide required accommodations and new
technologies.
The National Federation of the Blind and other disability groups
have
criticized the AbilityOne program and repeatedly called for its
reform
because it is based on outdated beliefs about the capabilities of
people with disabilities. Many of the contractors given preferential
treatment under the program segregate workers with disabilities from
workers who do not have disabilities and require the disabled
workers
to perform menial jobs that do not prepare them for mainstream work.
In addition, fifty of the AbilityOne contractors pay workers with
disabilities less than the federal minimum wage-pennies per hour, in
the worst cases. Furthermore, both the Government Accountability
Office and Department of Defense have issued reports highlighting a
lack of transparency and oversight of the activities of the CNAs and
calling for significant changes to the AbilityOne program to
increase
integration and reduce the risk of fraud.
The AbilityOne Commission's selection of a new CNA seeks to "provide
a
framework for a new CNA model in the AbilityOne program that places
the focus on increasing job placement and career advancement
opportunities in knowledge-based positions" and identify "innovative
employment opportunities, careers and lines of business for people
who
are blind" over five years.
"We appreciate that AbilityOne is pursuing a new CNA to support
innovative jobs and careers for people who are blind. The move
toward
integrated real-world employment for people with disabilities is
long
overdue. Thanks to federal laws like the Americans with Disabilities
Act, blind people have proven we can do real jobs and do not need to
be segregated or relegated to menial work," said Mark Riccobono,
President of the National Federation of the Blind. "However,
AbilityOne's decision to authorize a new CNA with no input from the
public or from blind individuals is an example of the inside dealing
and lack of transparency that have long pervaded the program. As the
nation's leading membership organization of blind Americans, the
National Federation of the Blind is taking this action in solidarity
with the blind employees who work on AbilityOne contracts. Blind
workers deserve to have input into the future of the AbilityOne
program. In addition, as an organization with seventy-eight years of
experience helping blind workers find and succeed in competitive,
integrated employment, the NFB has expertise and insight about
innovations to support blind individuals to pursue the jobs of today
and the jobs of tomorrow. We stand ready, willing, and able to help
AbilityOne build the future. But we will not tolerate the AbilityOne
Commission flouting the law and ignoring the voices of the blind
Americans who will be affected by its decisions."
There you have the release. Here is what we have said to the court.
In some cases citations have been removed for readability, but a link to
the full filing is included here
https://www.browngold.com/wbcntntprd1/wp-content/uploads/AbilityOne-
Complaint.pdf.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
(Northern Division)
THE NATIONAL FEDERATION OF THE BLIND
200 East Wells Street at Jernigan Place
Baltimore, MD 21230,
Plaintiff,
v.
Civil Action No. 18-cv-2965
U.S. ABILITYONE COMMISSION
1401 S. Clark Street, Suite 715
Arlington, VA 22202-3259
And
THOMAS D. ROBINSON
Chairperson
In His Official Capacity
U.S. AbilityOne Commission
1401 S. Clark Street, Suite 715
Arlington, VA 22202-3259
And
TINA BALLARD
Executive Director
In Her Official Capacity
U.S. AbilityOne Commission,
1401 S. Clark Street, Suite 715
Arlington, VA 22202-3259
Defendants.
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
COMES NOW, Plaintiff, The National Federation of the Blind, Inc., by and
through its undersigned counsel, and hereby brings this action against
Defendants, U.S. AbilityOne Commission ("Commission") (formerly the
Committee for Purchase from People Who Are Blind or Severely Disabled),
Commission Chairperson Thomas Robinson, in his official capacity, and
Executive Director Tina Ballard, in her official capacity, and in support
thereof state as follows:
INTRODUCTION
1. The AbilityOne program is a federal procurement preference program that
requires all participating contractors to ensure that 75% of all direct
labor hours by the contractor are performed by people who are blind or
have
severe disabilities. The term "direct labor" includes all work required
for
preparation, processing, and packing of a product, or work directly
relating to the performance of a service; but does not include
supervision,
administration, inspection, or shipping. 41 U.S.C. § 8501(3). Federal
agencies in need of the products or services available from an AbilityOne
contractor are required to purchase from the AbilityOne contractor without
competition.
2. Approximately 46,630 workers engage in contract work under AbilityOne.
While hourly wages vary from less than $5.00 to about $15.00 an hour,
nearly ten percent of these workers are paid less than minimum wage.
3. Currently, over 550 contractors participate in the AbilityOne program,
and every year, the Commission awards them approximately $3.3 billion in
federal contracts for the sale of goods and services to the federal
government.
4. The AbilityOne program was created by the Wagner-O'Day Act in 1938. The
AbilityOne Commission (formerly known as the "Committee for Purchase from
People Who Are Blind or Severely Disabled") is a federal agency, created
by
the Javits-Wagner-O'Day Act ("JWOD Act") in 1971, to oversee the
AbilityOne
program. 41 U.S.C. § 8501, et seq.
5. The JWOD Act authorizes the AbilityOne Commission to designate Central
Nonprofit Agencies ("CNAs") to "facilitate the distribution, by direct
allocation, subcontract, or any other means, of orders of the Federal
Government for products and services on the procurement list among"
qualified contractors. 41 U.S.C. § 8503(c).
6. Since 1938 and 1974, respectively, the contractors participating in the
AbilityOne program have been managed by two CNAs-National Industries for
the Blind ("NIB") and SourceAmerica (formerly a consortium of
organizations
that developed into the "National Industries for the Severely Handicapped"
or "NISH"). 41 C.F.R. § 51-3.1. NIB manages the relationships between and
among the AbilityOne Commission and the contractors whose employees are
blind. SourceAmerica does the same for contractors whose employees have
other severe disabilities.
7. Each CNA is responsible for, inter alia, representing AbilityOne
contractors before the Commission, evaluating their qualifications and
capabilities, making recommendations to the Commission regarding products
and services to be included on the Procurement List, distributing
contracts
among its contractors, and ensuring contract compliance. 41 C.F.R. §
51-3.2
et. seq. Thus, CNAs are responsible for recommending to the Commission
products and services to be included in the program and determining which
contractors should receive the contracts.
8. The actions, or inactions, of CNAs have significant effects on how,
when, and where the sizable contract revenues in the AbilityOne program
are
distributed. In addition, CNAs are required to assist the more than 500
contractors of the program "to meet the statutory and regulatory
requirements" of participation in the program. Therefore, CNAs play a
critical role in oversight and administration of the AbilityOne program.
Id. at § 51-3.2(j).
9. CNAs perform responsibilities delegated to them by the AbilityOne
Commission, but they are independent of the Commission and, until
recently,
did not have contractual agreements with the Commission. The Commission
only has 27 full-time staff, and relies heavily on the CNAs to plan,
coordinate, and administer contracting and oversight functions, as
specified in the program's implementing regulations. 41 C.F.R. § 51-3.2
et.
seq. In this regard, CNAs bear the full delegated responsibility of
facilitating by direct allocation, subcontract, or any other means,
distribution of the government's orders for products or services among the
program's many contractors. Id.
10. NIB takes a fee of 3.9% of each contract awarded to one of its
contractors, and SourceAmerica takes a fee of 3.85%. These fees provide
approximately $100 million annually in combined revenue to the CNAs.
11. NIB manages approximately 84 contractors eligible to receive contracts
through AbilityOne, and SourceAmerica manages approximately 500
contractors. Together, NIB and SourceAmerica have more than $100 million
in
reserves and assets.
12. In addition to their administrative duties, the CNAs may also act as
prime contractors to federal agencies for products and services on the
Procurement list, thus allocating federal contracts to themselves, for
which they then choose subcontractors.
13. The AbilityOne program continues to be based on the assumptions about
people with disabilities and about the nature of work existent at a time
before the modern understanding of disability, before the enactment of
modern disability rights laws, before the development of federal and state
vocational rehabilitation programs and effective employment supports for
people with disabilities in competitive integrated employment, and before
the emergence of the information and technology-based economy of today.
14. AbilityOne contractors are out of step with current disability law and
policy because they often do not provide reasonable accommodations to
their
workers with disabilities to allow them to increase their productivity,
they often do not employ the tools of supported and customized employment
to assist their workers with disabilities to be more productive, and they
often do not support their workers with disabilities to move into
mainstream competitive integrated employment.
15. AbilityOne contractors require many workers with disabilities to work
in segregated facilities where the vast majority of workers are people
with
disabilities, and in segregated groups of people with disabilities within
otherwise integrated facilities.
16. Although AbilityOne contractors are paid the fair market price for
their products and services, many hold certificates under the Fair Labor
Standards Act allowing them to pay below the prevailing wage, and 50
contractors pay below the minimum wage to their workers with disabilities.
17. Leading national organizations representing people with disabilities
have called for reform of the AbilityOne program to increase integration
of
workers with disabilities as required by the Americans with Disabilities
Act ("ADA"), 42 U.S.C. § 12101 et seq., and Section 504 of the
Rehabilitation Act, 29 U.S.C. § 794 ("Section 504"), to use supported and
customized employment techniques, to require payment of minimum and
prevailing wages, to include contractors that are owned by people with
disabilities in the program, and to increase oversight and transparency
and
eliminate conflicts of interest in the program. See
https://nfb.org/leading-
organizations-americans-disabilities-call-reform-abilityone-program.
18. The Advisory Committee on Increasing Competitive Integrated Employment
for Individuals with Disabilities also recommended to the Department of
Labor and Congress to reform the AbilityOne program to align its outcomes
with federal disability rights law and employment services best practices.
See Advisory Committee on Increasing Competitive Integrated Employment for
Individuals with Disabilities, Final Report (September 15, 2016),
available
at https://www.dol.gov/odep/topics/pdf/ACICIEID_Final_Report_9-8-16.pdf.
19. The Government Accountability Office has found significant problems
with oversight and transparency of the roles of the CNAs, which have only
recently begun to be addressed. See Government Accountability Office,
Report to the Committee on Oversight and Government Reform, House of
Representatives, "Employing People with Blindness or Severe Disabilities:
Enhanced Oversight of the AbilityOne Program Needed" (May 2013), available
at https://www.gao.gov/assets/660/654946.pdf.
20. In December 2015, the Consolidated Appropriations Act, 2016 (Public
Law
114-113), required that the Commission enter into written agreements with
the CNAs to increase transparency and oversight over the program, and
specified that the AbilityOne Commission create an Office of Inspector
General. As a result, in 2016 the Commission entered into Cooperative
Agreements with National Industries for the Blind and SourceAmerica. Since
2016, the Commission has entered several modifications to the Cooperative
Agreements with NIB and SourceAmerica.
21. In June 2016, the Department of Defense Office of Inspector General
("DoDIG") issued an audit report about the AbilityOne program, OIG Audit
Report, DODIG-2016-097, "DoD Generally Provided Effective Oversight of
AbilityOne Contracts," that identified problems with oversight and
specifically documented the need to make the CNAs more accountable and
transparent.
22. In 2017, Section 898 of the National Defense Authorization Act
("NDAA")
called for the Secretary of Defense to appoint a panel of senior level
representatives from DoD ("Section 898 Panel"), the U.S. AbilityOne
Commission, and other agencies and representatives, to address, inter
alia,
the problems identified in the DoD audit report including the
effectiveness
and internal controls of the AbilityOne Program related to DoD contracts
(which comprise $2.1 billion in prime contracts out of the program's $3.3
billion in contracts).
23. In June 2018, the DoD Section 898 Panel submitted its first report to
Congress, recommending, inter alia: (1) "[m]ore oversight is needed of the
CNAs"; (2) "[m]ore safeguards need to be in place to assure that CNAs do
not show favoritism;" (3) "[i]ncrease transparency" in CNAs' contractor
recommendation process, (4) and significant program changes, including to
the JWOD definition of "Qualified nonprofit agency for the blind," were
necessary to "create an integrated employment environment." Section 898
Panel, First Annual Report to Congress, available at
https://www.acq.osd.mil/dpap/cpic/cp/docs/First_Annual_RTC_on_the_Panel_on_D
oD_and_AbilityOne_Signed_18_July_18.pdf.
PARTIES & JURISDICTION
24. The National Federation of the Blind, Inc. ("NFB") is the oldest and
largest national organization of blind persons. It is a 501(c)(3) non-
profit corporation duly organized under the laws of the District of
Columbia and headquartered at 200 East Wells Street at Jernigan Place,
Baltimore, Maryland. It has approximately 50,000 members and affiliates in
all 50 states, Washington, D.C., and Puerto Rico. The NFB and its
affiliates are widely recognized by the public, Congress, executive
agencies of state and federal governments, and courts as a collective and
representative voice on behalf of blind Americans and their families. The
organization promotes the general welfare of the blind by assisting the
blind in their efforts to integrate themselves into society on terms of
equality and by removing barriers that result in the denial of opportunity
to blind persons in virtually every sphere of life, including education,
employment, family and community life, transportation, and recreation.
25. The ultimate purpose of the NFB is the complete integration of blind
individuals into society on a basis of equality. This objective includes
the removal of legal, economic, and social discrimination. One of the
NFB's
primary initiatives is its Employment and Rehabilitation Program, with the
goal of increasing the employment rate of working-age, legally blind
adults
and to develop innovative employment interventions and model
rehabilitation
programs that allow blind Americans to work and succeed in typical places
of employment otherwise known as competitive integrated employment.
26. To further its mission and achieve these goals, the NFB operates three
training centers: BLIND, Incorporated in Minneapolis, Minnesota; the
Colorado Center for the Blind, in Littleton, Colorado; and the Louisiana
Center for the Blind, in Ruston, Louisiana. Each offers independence
training programs, vocational rehabilitation programs, and training and
employment programs for the blind, as well as public education programs
about blindness. Like the NFB Itself, they are guided by the philosophy
that blind people are like everyone else and can be expected to perform on
a par with everyone else when provided effective training, and to be
employed by mainstream employers in the community. Graduates of these
centers work in every conceivable form of employment.
27. Defendants are the Committee for Purchase from People Who Are Blind or
Severely Disabled, also known as the U.S. AbilityOne Commission
("Commission"), current AbilityOne Chairperson Thomas Robinson, and
Executive Director Tina Ballard. Mr. Robinson and Ms. Ballard are sued in
their official capacities.
28. The Commission is an independent federal agency that oversees the
AbilityOne Program ("AbilityOne"). AbilityOne was established by the JWOD
Act to create employment opportunities for people who are blind or have
severe disabilities.
29. As the Chairperson for the Commission, Mr. Robinson is responsible for
its administration in accordance with law, including adoption of rules and
regulations pursuant to the procedures set out in the federal
Administrative Procedure Act, 5 U.S.C. Chapter 5, §§ 551, et seq.
30. As the Executive Director for the Commission, Ms. Ballard is
responsible for its administration in accordance with law, including
adoption of rules and regulations pursuant to the procedures set out in
the
federal Administrative Procedure Act, 5 U.S.C. Chapter 5, §§ 551, et seq.
31. This Court has subject matter jurisdiction over this matter pursuant
to
5 U.S.C. §702 and 28 U.S.C. §§ 1331 and 2201.
32. This Court has authority to issue declaratory relief pursuant to 28
U.S.C. § 2201.
33. Venue is properly in this Court under 28 U.S.C. §1391(e)(1)(C),
because
the United States, its agencies, and its officials acting in their
official
capacity may be sued in the federal judicial jurisdiction in which the
plaintiffs reside, so long as no real property is involved in the suit.
For
purposes of venue, an association is deemed to reside in the judicial
district in which it maintains its principle place of business. 28 U.S.C.
§1391(c)(2). Plaintiff NFB's principal place of business is in Baltimore,
Maryland.
FACTUAL BACKGROUND
34. Upon the signing of the Wagner-O'Day Act in 1938, NIB was incorporated
as the designated CNA to represent contractors employing the blind and,
until now, has been the exclusive CNA to act in this capacity for eight
decades.
35. In 1973, the AbilityOne Commission issued regulations, after notice
and
public comment, re-designating NIB as the CNA to represent contractors
employing the blind, and six organizations (Goodwill Industries of
America,
International Association of Rehabilitation Facilities, Jewish
Occupational
Council, National Association for Retarded Children, National Easter Seal
Society for Crippled Children and Adults, and United Cerebral Palsy
Association) as CNAs to represent the contractors employing people with
other severe disabilities. 41 C.F.R. § 51-3.1 (1974); 38 Fed. Reg. 16318
(June 21, 1973); see also Notice of Proposed Rulemaking, 38 Fed. Reg.
6076,
6078 (March 6, 1973) (providing notice of and soliciting written comment
on
the proposed regulation that would designate these six agencies as CNAs).
36. In 1976, the AbilityOne Commission issued regulations, after notice
and
public comment, withdrawing the designation of the six organizations
mentioned above and designating SourceAmerica (formerly NISH) as the sole
CNA to represent contractors employing people with other severe
disabilities. 41 C.F.R. § 51-3.1 (1977); 41 Fed. Reg. 26905-6 (June 30,
1976); see also 41 Fed. Reg. 21359-60 (May 25, 1976) (providing notice of
and soliciting written comment on the proposed regulation). During the
same
year, NIB continued as the designated CNA for the blind. Id.
37. After approximately 80 years of operating with a single exclusive CNA
designated in regulations to represent blind Americans in the AbilityOne
program-NIB-on July 26, 2018, the AbilityOne Commission announced that,
without commencing a rulemaking process, it had designated the American
Foundation for the Blind ("AFB") as a new AbilityOne CNA and entered into
a
Cooperative Agreement ("Agreement") with AFB, effective the same day. See
"U.S. AbilityOne Commission Designates American Foundation for the Blind
as
a New AbilityOne Authorized Central Nonprofit Agency" (July 26, 2018),
available at
https://www.abilityone.gov/media_room/documents/U.S.%20AbilityOne%20Commissi
on%20News%20Release%20-%20New%20AbilityOne%20CNA%2020180726.pdf.
38. The Agreement dictates that AFB will move through three phases over
the
course of the next five years: Research and Studies (18 months), CNA
Capability Development (30 months), and then finally Phase III, Transition
to Full CNA Functionality (12 months).
39. The AbilityOne Commission designated AFB as a new CNA, and
consequently
entered into a contract with AFB, without public notice and opportunity
for
comment, and without following the federal statutes and regulations for
entering into cooperative agreements or contracts.
40. Although the Agreement claims that it "provides a framework for a new
CNA model in the AbilityOne Program that places the focus on increasing
job
placement and career advancement opportunities in knowledge-based
positions," the public has seen no proposal or other evidence that AFB is
the organization best equipped to implement a new CNA model focused on
propelling the blind into knowledge-based positions in competitive
integrated employment.
41. The Agreement stipulates that AFB will require an 18-month "Research
and Studies" phase to determine how to develop a new CNA model, before it
can even enter Phase II to begin to execute some of the full functions of
a
CNA, as set forth in JWOD's implementing regulations. During this Research
and Studies phase, AFB is charged with identifying "innovative employment
opportunities, careers and lines of business for people who are blind" and
"identify[ing] multiple ways to identify blind veterans seeking
employment,
identify the type of employment they desire, and provide them employment."
The need for this "Research and Studies" phase indicates that AFB is not,
in fact, currently qualified to operate as a CNA.
42. Despite AFB's lack of qualification for the role of CNA, the
Commission, through the designation and the Cooperative Agreement, has
automatically granted AFB the role of a CNA in 18 months, without
competition or exploration of whether more qualified CNAs are available.
43. Through the Agreement, the Commission took the extraordinary step of
exempting AFB from meeting the full regulatory requirements of CNAs for
five years during initial phases of program development, even though the
Agreement promises AFB that at the final phase it will be assured the full
and active role of furnishing CNA services, including by working with
contractors to place products or services on the procurement list and to
collect fees for doing so.
44. If the Commission had provided adequate notice to the public of this
opportunity, the National Federation of the Blind ("NFB") would have
submitted a proposal requesting that it be considered for designation as a
CNA. Moreover, given its ample knowledge of innovative employment
opportunities, careers and lines of business for people who are blind, and
the interests and needs of blind veterans, NFB would not have required
five
years before it was qualified to meet JWOD's regulatory requirements. The
NFB is uniquely situated to implement a new CNA model with a focus on
increasing job placement and career advancement opportunities for blind
people in knowledge-based positions in competitive integrated employment.
45. Designating AFB as a CNA without notice and comment, effectively
deprived the NFB and its members, the public, and other federal agencies,
of the opportunity to provide comment about an important policy issue with
corresponding and significant economic effects. In particular, interested
and expert stakeholders were not permitted to comment about whether AFB is
qualified to effectively identify knowledge-based jobs. Nor were public
stakeholders and experts in the field given the opportunity to assess and
advise the AbilityOne Commission about whether the selection of AFB would
respond to the problems identified by the DOD Section 898 Panel with CNA
transparency and accountability, and the need to ensure that employment
opportunities are identified in "integrated employment environments."
46. In addition, as CNAs maintain authority to provide oversight over
AbilityOne contractors, the public was deprived of the opportunity to
comment about whether AFB has sufficient arms-length relationships with
current contractors to provide reasonably effective oversight. In fact,
the
Agreement assigns the AFB the task of conducting research to identify,
inter alia, "incorporat[ion] [of] accountability, oversight, and integrity
into the government business model," and asks AFB to report about internal
controls and business ethics programs it has in place to prevent fraud,
waste, and abuse by June 1, 2019. The Agreement does not indicate that AFB
already has these structures in place. Nevertheless, without comment or
public examination of these and other issues, AFB was designated as the
agency that will receive CNA fees during Phase III.
47. While the Commission has the authority to "conduct continuing study
and
evaluation of its activities . . . to ensure effective administration" of
the program, under 41 U.S.C. § 8503(e), this authority is statutorily
distinct from its obligation "to designate a central nonprofit agency or
agencies," under 41 U.S.C. § 8503(c). Without recognizing this
distinction,
the Commission granted the AFB a non-competitively bid contract to study
the program and, in turn, it at once converted that promise into a
contract
to eventually run the program, without notice and comment or compliance
with the applicable grantmaking and contracting laws.
48. Because the CNA designation violates the federal Administrative
Procedure Act ("APA"), 5 U.S.C. Chapter 5, §§ 551, et seq., the federal
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. § 1.100, et seq. ("UAR"), or,
alternatively, Federal Procurement Policy, 41 U.S.C. § 1708, and the
Federal Acquisition Regulations, 48 C.F.R. § 1.101, et seq. ("FAR"),
Plaintiff, on its own behalf and on behalf of its members who are or may
benefit from the designation of a new CNA by the Commission, ask the
Court:
(1) to declare the designation of AFB as a CNA in violation of the law,
(2)
to enjoin Defendants from implementing the Agreement between the
Commission
and AFB, and (3) to enjoin Defendants to engage in notice and comment and
in proper federal contracting and grant procedures to designate any new
CNA.
LEGAL BACKGROUND
49. The Commission may adopt rules, regulations, and policies to assure
effective implementation of the JWOD Act. 41 C.F.R. § 51-2.2(a).
50. The Commission is directed by statute to "designate a central
nonprofit
agency or agencies to facilitate the distribution, by direct allocation,
subcontract, or any other means, of orders of the Federal Government for
products and services on the procurement list among qualified nonprofit
agencies for the blind or qualified nonprofit agencies for other severely
disabled." 41 U.S.C. § 8503(c).
51. Federal agencies must comply with the requirements of the
Administrative Procedure Act ("APA") when adopting "an agency statement of
general or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy or describing the
organization, procedure, or practice requirements of an agency . . . ." 5
U.S.C. §551, et seq.,
52. The designation of a Central Nonprofit Agency is subject to the APA's
requirements.
53. The APA requires that courts "shall ... hold unlawful and set aside
agency action, findings, and conclusions found to be ... arbitrary,
capricious, an abuse of discretion, or otherwise not in accordance with
law...[or] without observance of procedure required by law..." 5 U.S.C. §
706(2)(A), (B), (D).
54. The APA requires that covered actions proposed by a federal agency
must
first be published in the Federal Register, with the terms or substance of
the proposal, the legal authority for the proposal, and specific
information regarding when a public hearing on the proposal will take
place. 5 U.S.C. § 553(b), (d).
55. Under the APA, the proposing agency must give interested persons an
opportunity to submit data, views, or arguments and must consider, prior
to
adoption of the proposal, the relevant information submitted by interested
persons regarding the proposal. In adopting the proposal, the agency must
provide a concise statement of its basis and purpose. 5 U.S.C. § 553(c),
(d). This set of APA provisions for publication and consideration of
comments is referred to as the "notice-and-comment requirement."
56. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. § 1.100, et seq. ("UAR"), govern
grant awards and cooperative agreements by federal agencies. The UAR
requires, inter alia, that, prior to entering into a cooperative agreement
or competitive grant award, the agency publish notice of the opportunity,
2
C.F.R. § 200.203, establish and apply a merit review process, 2 C.F.R. §
200.204, and evaluate the risks posed by potential awardees, including
their financial stability, quality of management systems, history of
performance, audit reports, and ability to effectively meet legal
requirements, 2 C.F.R. § 200.205(b).
57. In designating AFB as a CNA and entering into a cooperative agreement
with AFB, the Commission did not follow the pre-award procedures of the
UAR.
58. Federal Procurement law requires any federal agency intending to enter
into a contract exceeding $25,000 to publish a notice of solicitation. 41
U.S.C.§ 1708. The Federal Procurement statute also requires federal
agencies conducting procurement for property or services to "obtain full
and open competition through the use of competitive procedures in
accordance with ... the Federal Acquisition Regulation." 41 U.S.C. § 3301.
The statute requires an agency preparing for procurement to "specify its
needs and solicit bids or proposals in a manner designed to achieve full
and open competition for the procurement" and designate its specifications
for the procurement. 41 U.S.C. § 3306. The statute further requires
solicitations to provide a method for submitting proposals. Id. at §
3306(b)(2)(B).
59. The Federal Acquisition Regulations ("FAR"), 48 C.F.R. §1.101, et
seq.,
implement the Federal Procurement statute and apply to all federal
acquisitions of property or services. 48 C.F.R. §1.104; § 2.101. For
federal acquisitions expected to exceed $25,000, the FAR requires, inter
alia, that the federal agency publish notice in the Governmentwide Point
of
Entry ("GPE") website. (Currently, the GPE is the Federal Business
Opportunities ("FedBizOpps") website, available at https://www.fbo.gov/.)
48 C.F.R. § 5.201. The notice must be published at least 15 days prior to
soliciting or proposing the contract action. 48 C.F.R. § 5.203(a). A
federal contract solicitation must provide a response time sufficient to
"afford potential offerors a reasonable opportunity to respond to each
proposed contract action" but at least 30 days. 48 C.F.R. § 5.203(b), (c).
60. The FAR also requires, with limited exceptions not applicable here,
that federal agencies "provide for full and open competition in soliciting
offers and awarding Government contracts," 48 C.F.R. § 6.101, and provides
competitive procedural requirements. 48 C.F.R. §§ 6.100-6.102.
61. A non-competitive, or "sole source" contract may not be commenced
unless the agency justifies its action in writing, certifies the accuracy
and completeness of the justification, and gets approval. 48 C.F.R. §
6.303-
1. Such a justification must be made public. 48 C.F.R. § 6.305.
62. The FAR provides for special acquisition requirements for contracts
for
services "which require the contractor to provide advice, opinions,
recommendations, ideas, reports, analyses, or other work products [that]
have the potential for influencing the authority, accountability, and
responsibilities of Government officials. These contracts require special
management attention to ensure that they do not result in performance of
inherently governmental functions by the contractor and that Government
officials properly exercise their authority." 48 C.F.R. § 37.114.
63. If this Court finds that the cooperative agreement between the
Commission and AFB is a federal contract, rather than an award covered by
the UAR, the Commission did not follow the pre-contract publication
requirements of the FAR, did not permit competitive bids, and did not
properly justify a sole source agreement with AFB.
64. The Commission did not follow the requirements of the UAR, Federal
Procurement statute, or FAR, as applicable, in its designation of and
cooperative agreement with AFB.
65. 5 U.S.C. §702 creates a cause of action in federal court for any
person
who has suffered legal wrong because of, or been adversely affected or
aggrieved by, an agency action or failure to act as required by the APA,
the UAR, the Federal Procurement law, and the FAR. The statute waives the
sovereign immunity of the federal government for such a lawsuit, so long
as
the lawsuit is against a federal agency or a federal employee who acted or
failed to act in her official capacity or under color of legal authority,
and the suit does not request monetary damages.
66. 28 U.S.C. § 2201 permits this Court to issue a declaratory judgment
that the Defendants have violated 5 U.S.C. Chapter 5, the UAR, the Federal
Procurement law, and the FAR in naming AFB as a CNA, as identified below.
FIRST CAUSE OF ACTION
Violation of 5 U.S.C. Chapter 5, §§ 551, et seq.:
(Failure to comply with notice and comment requirements)
(for Injunctive and Declaratory Relief)
67. Plaintiff repeats and incorporates by reference each and every
allegation contained in the preceding paragraphs as if fully set forth
herein.
68. This Court is empowered by 5 U.S.C. §§ 702 and 706 to hold unlawful
and
set aside final agency action that the Court finds to have been adopted
without observance of procedure required by law.
69. This Court is empowered by 28 U.S.C. § 2201 to declare the rights of
Plaintiff and other interested parties regarding the issues presented in
this Complaint.
70. The AbilityOne Commission is an "agency," as defined under 5 U.S.C. §
551(1).
71. The designation of AFB as a CNA, resulting in the Cooperative
Agreement
between AFB and the AbilityOne Commission, is covered by the APA.
72. The Commission has violated the APA, 5 U.S.C. Chapter 5, §§ 551, et
seq., by designating the AFB as a CNA without complying with the notice
and
comment requirements of the APA.
73. The adoption of AFB as a CNA is not merely an interpretation, a
general
statement of policy, or a statement of agency organization, procedure, or
practice.
74. No public notice of designation of AFB as a CNA was provided to
interested persons, and interested persons were given no opportunity to
provide comment on it before it was adopted. No explanation, reason or
rationale was provided for the unilateral designation.
75. Plaintiff has been injured in that the Commission designated a new CNA
without Plaintiff having an opportunity to submit a proposal for CNA
designation, as well as without Plaintiff, Plaintiff's members, or other
members of the public having an opportunity to provide the Commission with
their considered and experienced views on the proposed action.
76. Plaintiff is entitled to a declaratory judgment that the designation
of
AFB as a CNA as described in this Complaint was adopted without compliance
with Chapter 5 of the APA, and is, therefore, illegal.
77. Plaintiff is entitled to an order vacating the designation of AFB as a
CNA, enjoining Defendants from implementing that designation, and,
requiring them, before attempting to adopt any similar provisions, to
comply with the notice and comment requirements of the APA, 5 U.S.C.
Chapter 5, §§ 551, et seq.
SECOND CAUSE OF ACTION
Violation of 5 U.S.C. Chapter 7, §§ 701, et seq.:
(CNA designation is arbitrary, capricious, or otherwise not in accordance
with law)
(for Injunctive and Declaratory Relief)
78. Plaintiff repeats and incorporates by reference each and every
allegation contained in the preceding paragraphs as if fully set forth
herein.
79. This Court is empowered by 5 U.S.C. §§ 702 and 706 to hold unlawful
and
set aside final agency action that the Court finds to be arbitrary,
capricious, or not in accordance with law.
80. As discussed below, by designating AFB as a CNA and entering into a
cooperative agreement with AFB without publishing its intent to do so or
inviting other bids or applications, the Commission violated the
requirements of the UAR, 2 C.F.R. § 200.205(b).
81. Alternatively, as discussed below, by designating AFB as a CNA and
entering into an agreement with AFB without publishing a notice of its
proposal to do so, without soliciting bids or providing a reasonable
period
in which to respond, without justifying a sole source contract, the
Commission violated the Federal Procurement statute, 41 U.S.C. § 1708, and
the FAR, 48 C.F.R. § 5.201.
82. Because it violates the UAR, or the Federal Procurement law and the
FAR, the Commission's designation of AFB and Cooperative Agreement with
AFB
are not in accordance with law and, therefore, violate the APA.
83. The Commission's designation of AFB as a CNA is also arbitrary and
capricious because the Commission has provided no rationale for its
selection of AFB and no rationale for its selection of AFB without
soliciting or considering other bids by more qualified applicants.
THIRD CAUSE OF ACTION
Violation of 2 C.F.R. §§ 1.100 et seq.
(Failure to Comply with the Requirements of the UAR)
(for Injunctive and Declaratory Relief)
84. The Federal Grant and Cooperative Agreement Act of 1977 provides that
a
federal agency must follow the rules for cooperative agreements when "(1)
the principal purpose of the relationship is the transfer of money,
property, services, or anything of value to the ... recipient to carry out
a public purpose of support or stimulation authorized by a law of the
United States... and (2) substantial involvement is not expected between
the executive agency ... and the ... recipient when carrying out the
activity contemplated in the agreement." 31 U.S.C. § 6304.
85. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards ("UAR"), 2 C.F.R. § 1.100, et seq.,
governs
all federal awards, including federal agencies' adoption of cooperative
agreements such as the one between the AbilityOne Commission and AFB. 2
C.F.R. § 200.100(b); § 200.101.
86. The Commission has violated the UAR by entering into a cooperative
agreement with AFB without first announcing the funding opportunity in a
public notice, as required by 2 C.F.R. § 200.203.
87. The Commission has violated the UAR by entering into a cooperative
agreement with AFB without first designing and executing a merit review
process for applications, as required by 2 C.F.R. § 200.204.
88. The Commission has violated the UAR by entering into a cooperative
agreement with AFB without first establishing a framework for evaluating
the risk posed by AFB, including its financial stability, quality of
management systems, history of performance, reports and findings from
audits, and ability to effectively implement legal requirements, as
required by 2 C.F.R. § 200.205(b).
89. The Commission has violated the UAR by failing to publish the required
information regarding the Cooperative Agreement with AFB on
www.USAspending.gov, as required by 2 C.F.R. § 200.211(a).
FOURTH CAUSE OF ACTION
Violation of 41 U.S.C. §§ 1708, 3301, 3306 and 48 C.F.R. § 1.101 et seq.
(Failure to Comply with the Requirements of the FAR)
(for Injunctive and Declaratory Relief)
90. The Federal Acquisition Regulations ("FAR"), codified at 48 C.F.R.
Chapter 1, govern acquisitions for all executive agencies. 48 C.F.R. §
1.104. Agencies can also adopt agency-specific acquisition regulations
that
implement or supplement the FAR. 48 C.F.R. § 1.101; § 1.301. The FAR are
intended, inter alia, to ensure federal agencies "[c]onduct business with
integrity, fairness, and openness." 48 C.F.R. § 1.102(b)(3).
91. An "acquisition" subject to the FAR is defined as "the process of
acquiring, with appropriated amounts, by contract for purchase or lease,
property or services (including construction) that support the missions
and
goals of an executive agency...." 41 U.S.C. § 131.
92. The Commission has violated the Federal Procurement law and the FAR by
entering into a cooperative agreement with AFB without first publishing a
presolicitation notice or notice of solicitation for proposals, or
soliciting bids, as required by 41 U.S.C. § 1708(a)(2) and 48 C.F.R. §§
5.201 and 5.204, or otherwise disseminating information by synopsizing in
the Governmentwide Point of Entry ("GPE"), as required by 48 C.F.R. §§
5.101(a)(1) and 5.301(a).
93. The Commission has violated the FAR by entering into a cooperative
agreement with AFB without providing a reasonable period to respond to the
notice of solicitation, as required by 41 U.S.C. § 1708(e) and 48 C.F.R. §
5.203(b), (c).
94. The Commission has violated the Federal Procurement law by entering
into a cooperative agreement with AFB before first considering other
responsive and timely offers received in response to a notice of
solicitation, as required by 41 U.S.C. § 1708(f).
95. The Commission has violated the FAR by entering into a cooperative
agreement with AFB without first providing for full and open competition
in
soliciting offers and awarding the contract through the use of competitive
procedures, as required by 48 C.F.R. § 6.101. See also 48 C.F.R. §§ 6.100-
6.102.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff the National Federation of the Blind respectfully
requests that this Court enter a judgment in its favor, and against
Defendants, and:
a) Declare that Defendants' designation of AFB as a CNA and Cooperative
Agreement with AFB violated the UAR or the FAR;
b) Declare that Defendants' designation of AFB as a CNA and Cooperative
Agreement with AFB were not in accordance with law and beyond statutory
and
regulatory authority, in violation of the Administrative Procedure Act;
c) Declare that Defendants' designation of AFB as a CNA and Cooperative
Agreement with AFB without complying with notice and comment requirements
violated the Administrative Procedure Act;
d) Vacate and set aside the designation of AFB as a CNA and set aside the
Cooperative Agreement Between the AbilityOne Commission and AFB, pursuant
to 5 U.S.C. § 702;
e) Preliminarily and permanently enjoin Defendants, their agents,
servants,
employees, attorneys, and all persons in active concert or participation
with them, from implementing AFB as a CNA;
f) Preliminarily and permanently enjoin Defendants to comply with the
notice and comment requirements of the Administrative Procedure Act and
the
UAR or FAR, as applicable, in the designation of any CNA;
g) Appoint a Special Master to review and ensure implementation of the
Court order, specifically compliance with the notice and comment
requirement of the Administrative Procedure Act and the requirements of
the
UAR or FAR, as applicable, in the designation of any CNA, so as to protect
the rights of Plaintiff during the pendency of this action;
h) Retain jurisdiction over this action until implementation of this
Court's order has been completed;
i) Award Plaintiff reasonable fees, costs, and expenses, including
attorneys' fees, pursuant to 28 U.S.C. § 2412; and
j) Order such other and further relief that this Court may deem just and
proper.
Respectfully submitted,
Dated: September 26, 2018
Eve L. Hill (Fed. Bar No.: 19938)
Emily L. Levenson (Fed. Bar No. 28670)
BROWN GOLDSTEIN & LEVY, LLP
120 East Baltimore Street, Suite 1700
Baltimore, Maryland 21202
T: (410) 962-1030
F: (410) 385-0869
ehill at browngold.com
elevenson at browngold.com
Attorneys for Plaintiff
----------
[PHOTO CAPTION: Karl Belanger]
Effectively Reporting Accessibility Issues to Developers
by Karl Belanger
From the Editor: Karl Belanger is a talented member of our access
technology staff. I am delighted every time I get an article from him. I
think this one is particularly timely. In addition to articles and
suggestions for articles, the Braille Monitor gets many letters asking why
this or that device is not accessible and what we plan to do about it. In
these letters the frustration is clear: "Why don't companies care?" "How
can they be so callous?" "Why can people be so mean?" Sometimes
inaccessibility may be deliberate as when companies simply make a decision
not to include it, but, more often than not, developers don't think that
blind people will be using their software, have no idea how we could if we
wanted to, and know even less about screen readers, Braille displays, and
the need to include in one's design a way to do all of the functions one
does with the mouse using a keyboard. The way we deal with a company that
is obstinate is different from the way we deal with a company that is
ignorant. One requires confrontation, the other requires education. Here
is
what Karl has to say about doing something positive when encountering an
accessibility barrier:
Whether browsing the web or using an app on our phones, we often
come
across accessibility problems that make the site or app less useful.
Reporting these issues to the developers helps companies become aware of
issues faster and may even be the first time a company has heard about
blind users using their product. When describing an issue, it is important
to describe what is going on in as much detail as possible, along with
what
operating system, browser, and access technology you are using. The more
you give the company, the easier it will be for it to locate and fix the
issue. However, before we can send a report, we need someone to send it
to.
Where to send an accessibility report
If you can find an accessibility contact at a company, that is
always
going to be the best place to report any problems you're having. However
many, probably most, companies do not have dedicated accessibility
support.
When this is the case, look through any "support" or "contact us" pages
for
anything related to reporting problems with the site. If the company has a
staff directory, look for someone who deals with the site such as
webmaster
to reach out to directly. General technical support or inquiry emails are
better than nothing but are less likely to directly reach someone who can
take action. You might also consider using phone or chat support to
inquire
if you can get the email address of the person in charge of the website to
report a problem that you're having.
Jumping right in
Below you will find extensive information on how to gather the
information you will need, letter writing tips, accessibility resources,
and more. If you'd rather start writing right away, here are the main
parts
of an accessibility report:
. Introduce yourself and what type of access technology you use.
. Give the operating system, browser, and access technology and their
versions.
. Describe what you are trying to do on the site and provide the
direct
link to the relevant page.
. Describe the problem you're having.
. Optionally, offer potential solutions to fix the problem.
. Optionally, provide links to relevant accessibility resources, Web
Content Accessibility Guidelines, the iOS or Android accessibility
documentation, etc.
. Conclude the letter.
Gathering information
As stated earlier, it is important to give the company as much
information as possible to help it fix the issue quickly. This information
should include:
. Which operating system and version you're using, such as Windows 10,
Windows 7, Mac OSX 10.13, etc.
. Which browser and version, Firefox 58, Chrome 63, etc.
. Which access technology and version (if applicable), JAWS 2018,
VoiceOver, NVDA 2017.4, etc.
. The exact page on the site where you are experiencing problems.
. The task you are attempting to complete or the information you're
trying to access.
. What you are experiencing that is preventing you from completing the
task or accessing the information.
Gathering the information
. For Windows, just knowing the major version, 7, 8, 8.1, or 10 is
usually enough since both the browser and screen reader are updated
independently. For other operating systems, and especially Mac and
iOS, having the exact version number is more important, as both the
browser and screen reader are updated with the operating system. In
macOS, open the "Apple menu," choose "About This Mac," and review
that
window to find the version of macOS you're running. For iOS, go to
"Settings," "General," "About," and the version will be listed near
the top of the screen. For most Android devices, open "Settings" and
scroll down to the bottom of the list and choose "About Phone" to
get
the Android version.
. For browsers on Windows and macOS, open the "help" menu and choose
"About" to get the version number. For Safari on iOS a version
number
is not necessary as it is updated with the operating system. For
other
mobile browsers the simplest place to check is its app store page
for
the version number.
. How to get the version of your access technology will differ
depending
on the program and the system it is running on. Most Windows-based
access technology should have a help menu with an "about" option.
Some, like Narrator on Windows or VoiceOver on iOS, do not need a
version number as they are updated with the operating system. For
other access technology, look through the program or app's settings
and help pages to find the installed version.
. To get the URL, make sure you are on the page where the issue is,
then:
o On Windows, for all browsers, press CTRL+L to focus the address
bar. Press CTRL+A to make sure the address is selected, and
then
CTRL+C to copy it.
o For all Mac browsers the process is the same, just substitute
the Command key for control.
o On iOS with VoiceOver running, double-tap on the address bar at
the top of the screen, then use the rotor to choose the "edit"
option. Choose and double-tap on "select all," then choose
"copy."
o For Android devices with TalkBack running, double-tap on the
address, then use the local context menu to select "cursor
control" and choose "Select All," then go back to "cursor
control" and select "copy."
Writing up your accessibility issue
Once you know where to send the report and have all your information
together, it's time to start writing. How you formulate your letter is
certainly up to you, but here are some pointers to help get you started.
Start with introducing yourself and follow by briefly describing the
access
technology you use, especially if you are writing to a company that does
not have an accessibility contact. Here is an example of how your letter
might begin:
"Hello,
My name is Karl Belanger. I use a screen reader to access the
computer, which is software that allows me as a blind user to access
computers by reading out the content of websites and applications as
I
navigate them. I'm writing to you because I'm encountering some
issues
accessing your site."
Follow this by describing the issue in as much detail as you can,
including what you're trying to accomplish, how your access technology
reacts, such as "my screen reader does not read the form labels" or "when
the calendar is magnified it overlaps with other content on the page," and
describe the impact this has on your use of the site:
"While attempting to submit the checkout form on your site, nothing
appears to happen after pressing the submit button. After I explored
the page, I noticed a message at the top of the form reading 'Please
correct the fields in red below.' My screen reader does not announce
colors, plus as far as I can tell everything seems to be filled in
correctly, which means it is impossible for me to complete the
form."
It is often helpful to suggest what changes will make the site more
accessible. If you are not sure what can be done, go ahead and skip this
section:
"Several steps can be taken to make the form more usable. First,
when
the form is submitted with errors, the focus should be moved to the
error message. Next, the error message should list which fields have
errors and possibly provide a link to the fields. Finally, any
fields
which have a required format, such as MM/DD/YYYY for a date field,
should have this format provided to help users avoid errors in the
first place."
Optionally, you can include some resources on web accessibility that
the company may find useful, such as the Web Content Accessibility
Guidelines or the Apple accessibility guide if you're writing about an iOS
app. See the accessibility resources section of this article for a list of
resources I recommend.
Finally, end the letter. Offer to provide any additional information
that they may need and ask to be informed of progress on fixing the issue.
Please remember that, while not being able to complete a task can be
frustrating, it is important to keep the letter professional. Companies
will respond much better to a clear, well-written letter than an
emotionally charged one.
Reporting issues over social media
An increasing number of companies are handling customer support
issues over Twitter and Facebook. These channels are often some of the
fastest ways to get a response to your issue, and they can also be a great
way to report accessibility issues. Check the company's social media pages
and see if it responds to customer issues or directs you to a support
account. If you find it does technical support through social media,
whether with the main or a support account, use some of the same tips from
the letter section when engaging the company. If on Twitter, start with a
mention describing briefly that you use access technology, what kind you
use, and briefly describe your issue. It's okay to use a few tweets to do
this. If the company responds, try to either get into a direct message
conversation or request the best email to send something to, so you're not
limited by the two-hundred-and-eighty-character limit. On Facebook, follow
a similar process, engage the company first, and give all the details once
you confirm you're working with the right account.
Accessibility resources
There are many accessibility resources that you may want to give the
company. The first and most important is the Web Content Accessibility
Guidelines, or WCAG. WCAG is a list of guidelines that apply to any
website
or app; they are the generally accepted web standard and have been
incorporated into the recent refresh of the Section 508 guidelines for
federal sites. Here is the WCAG overview page from the World Wide Web
Consortium site: https://www.w3.org/WAI/intro/wcag. Also from the W3C are
a
series of videos, called Web Accessibility Perspectives, discussing how
web
accessibility benefits everyone, not just those with disabilities.
https://www.w3.org/WAI/perspectives/ Another quality resource is Web
Accessibility in Mind or WebAIM, which provides a number of articles and
checklists relating to web accessibility as well as a tool for helping to
determine some of a site's accessibility problems. https://webaim.org/
Both Apple and Google have documentation and guidelines for
developers to ensure that their apps are accessible. If you're reporting
an
issue with an iOS app, you might consider including the Accessibility for
Developers page on Apple's site,
https://developer.apple.com/accessibility/
or the similar accessibility page on the Android developers site,
https://developer.android.com/guide/topics/ui/accessibility/index.html.
Following up
When reporting an accessibility issue, it's common to get either a
basic acknowledgement of the problem, or possibly no response at all. If
the company was unaware of the need to make its site accessible, it's
possible you may get a canned response with unhelpful suggestions like
resetting your browser, trying another one, etc. If you get a response
like
this, just reply and politely inform the company that these suggestions
will not work and it needs to fix its site. If you get an acknowledgement
or no response, it's fine to follow up in a week or two to inquire about
the status of the issue. Polite persistence can sometimes yield better
results than just one email. Either way patience will likely be required,
and your best efforts may unfortunately not lead to any better
accessibility. That does not mean that you shouldn't try, as many
companies
are simply unaware and want to make things right.
Conclusion
The volume of information that you should include in an
accessibility
report may seem overwhelming, but the whole process boils down to a few
simple steps. Report the software and access technology you're using, what
you're trying to do, and what problem you're experiencing in sufficient
detail for the company to be able to act upon it. Adding in possible
solutions, suggestions, and accessibility resources are optional extras,
but they may help the company better understand what it needs to do and
generally learn more about accessibility.
Sample letter
Here is the sample letter, as started in the section above, on writing
your
issue:
"Hello,
My name is Karl Belanger. I use a screen reader to access the
computer, which is software that allows me as a blind user to access
computers by reading out the content of websites and applications as
I
navigate them. I'm writing to you because I'm encountering some
issues
accessing your site. While attempting to submit the checkout form on
your site, at https://www.myshop.com/cart/checkout.html, nothing
appears to happen after pressing the submit button. After I explored
the page, I noticed a message at the top of the form reading 'Please
correct the fields in red below.' My screen reader cannot announce
colors, plus as far as I can tell everything seems to be filled in
correctly, which means it is impossible for me to complete the form.
Several steps can be taken to make this form more usable.
First,
when the form is submitted with errors, the focus should be moved to
the error message. Next, the error message should list which fields
have errors, and possibly provide a link to the fields. Finally, any
fields which have a required format, such as MM/DD/YYYY for a date
field, should have this format provided to help users avoid errors
in
the first place.
There are many resources available for you to help make your
site more accessible and usable to everyone. I would recommend
starting with the Web Content Accessibility Guidelines 2.0. These
guidelines are the commonly accepted standards for web accessibility
and have been incorporated into Section 508 of the Rehabilitation
Act
for federal websites. They provide a technology independent way of
measuring and testing the accessibility of your site. A great site
for
articles and guides on web accessibility is WebAIM, which stands for
Web Accessibility in Mind. They have checklists for the
accessibility
guidelines, articles on handling forms, graphics, tables, and more,
as
well as a tool to scan a page of your site and have it report some,
though probably not all, accessibility issues.
Please let me know if you have any questions, or if there is
any
more information I can provide. I look forward to hearing from you
soon and working with you to get this issue resolved promptly.
Karl Belanger"
----------
[PHOTO CAPTION: Sharon Gold: November 5, 1940 to September 10, 2018]
Sharon Gold Dies
by Barbara Pierce
Sharon Gold liked to say that she was eleven days older than the
Federation. She died quietly after a long fight with cancer on the morning
of September 10, 2018, following a stroke on March 29, 2018. Her devoted
friend Sheryl Pickering was with her for sixty years to the end,
advocating
for and supporting Sharon and steadily educating medical personnel in the
last days on the sensible and tactful way to deal with blind people.
Sharon served as president of the NFB of California from 1978 to
1995. For the first five years of this service the organization was called
the NFB Western Division because of a nasty battle over who had the right
to the name of the organization. The affiliate was under siege during
these
years, but Sharon led the affiliate with energy, imagination, and
unswerving dedication to the principles for which the NFB stands.
She received the Jacobus tenBroek Award in 1983 in recognition of
her
extraordinary work rebuilding the California affiliate. In the
presentation
Diane McGeorge said, "We all know that, as president of the National
Federation of the Blind Western Division, Sharon was faced with the
monumental task of re-establishing a viable affiliate in California.
Sharon
has spent countless hours, not only holding the affiliate together, but
also giving the kind of leadership which provided strength and
encouragement for other California members so that this affiliate has
grown
into one of our strongest."
Sharon served on the National Federation of the Blind Board of
Directors from 1993 to 1995. When she was elected she said: When I was
born, there was no National Federation of the Blind. It was born eleven
days later, so you'll always know how old I am. But, if it weren't for the
National Federation of the Blind... It has led the way for me throughout
my
life-it has changed my life. But most of the time I didn't know that, not
until I was thirty-five years old. That's very sad.
When I did learn about the National Federation of the Blind, I had
been teaching school for almost fifteen years, a job that I would never
have gotten but for this organization, because it was this organization
that got the laws changed so that blind people could get a teaching
credential. So I wouldn't have been a tax-paying citizen had it not been
for the National Federation of the Blind and for all of you people in this
room. It is our collective work and our collective strength that bring the
changes that make it possible to change the lives of all blind people,
whether they are part of this organization or not, whether or not they
even
know about the organization. I'm a prime example, and I will never ever be
able to repay the debt that I feel to my fellow Federationists.
It is a privilege to belong to this organization. It is an honor to
be
asked to serve on our national board. I appreciate the honor, I accept the
responsibility, and I thank you very much."
Sharon served on the expanded Scholarship Committee from its
beginning in 1984 to 1999, and she funded a scholarship in memory of her
parents for several years.
For twenty years Sharon taught sighted students in elementary school
and was a reading specialist at Edwards Air Force Base. She was clearly an
effective teacher judging from the Facebook tributes from former students
and teaching colleagues that appeared upon the announcement of her death.
One Christmastime she prepared a game with fill-in-the-blank Christmas
questions for her class. In a sentence that read, "Santa Claus wears a red
suit and has a long, white ______," many children unhesitatingly filled in
the word "cane," proving how well they had acclimated themselves to a
blind
teacher.
After her retirement from teaching, Sharon attended law school long
enough to acquire the advocacy skills she believed she needed to do her
Federation work. She was tireless in providing advice and representing
blind people who needed advocacy all over the state.
Generosity and hospitality were hallmarks of Sharon and Sheryl's
home. In Hazel tenBroek's declining years they spent countless hours
visiting and assisting her. Their home was always open to Federationists
passing through Sacramento or in need of a place to celebrate holidays.
Sharon mentored and trained a number of young Federationists through the
years. She was active in the posthumous efforts of the tenBroek Society to
organize dinners paying tribute to Dr. tenBroek's leadership in the fields
of law and teaching.
Sharon and Sheryl relocated to the San Antonio area of Texas in late
2001. Sharon was very interested in business from her early days of
teaching and became active and successful in several companies. She made
live presentations and presented on telephone conference call training
sessions. She won a number of trips and six BMW bonus cars. After an
illness and subsequent surgery in 2010 Sharon semiretired, but she
continued teaching and training and assisting others in business.
Sharon was a member of First Protestant Church in New Braunfels,
Texas, and an active member of the choir for fifteen years. The group
toured extensively, performing in England, Wales, Scotland, and later in
Germany, Austria, and Hungary.
In lieu of flowers those wishing to honor Sharon's memory may donate
to an organization of their choice or to one of three organizations that
were dear to Sharon: First Protestant Church, 172 West Coll Street, New
Braunfels, TX 78130; Hope Hospice, 611 North Walnut Avenue, New Braunfels,
TX 78130; or the National Federation of the Blind, 200 East Wells
Street, Baltimore, MD 21230.
Sharon Gold was smart, loyal, and generous with her time and talent.
She believed in justice and the right of blind people to live out their
dreams and contribute to their communities on terms of absolute equality.
We were extraordinarily fortunate to have her as a colleague in the
movement from 1975 until her death. Those of us who were lucky enough to
know and love her will miss her deeply. We extend our deepest sympathy to
Sheryl Pickering and Sharon's family and friends in Texas and across the
country. May she rest in peace.
----------
Leave a Legacy
For more than seventy-five years the National Federation of the
Blind
has worked to transform the dreams of hundreds of thousands of blind
people
into reality, and with your support we will continue to do so for decades
to come. We sincerely hope you will plan to be a part of our enduring
movement by adding the National Federation of the Blind as a partial
beneficiary in your will. A gift to the National Federation of the Blind
in
your will is more than just a charitable, tax-deductible donation. It is a
way to join in the work to help blind people live the lives they want that
leaves a lasting imprint on the lives of thousands of blind children and
adults.
With your help, the NFB will continue to:
. Give blind children the gift of literacy through Braille;
. Promote the independent travel of the blind by providing free, long
white canes to blind people in need;
. Develop dynamic educational projects and programs that show blind
youth that science and math are within their reach;
. Deliver hundreds of accessible newspapers and magazines to provide
blind people the essential information necessary to be actively
involved in their communities;
. Offer aids and appliances that help seniors losing vision maintain
their independence; and
. Fund scholarship programs so that blind people can achieve their
dreams.
Plan to Leave a Legacy
Creating a will gives you the final say in what happens to your
possessions and is the only way to be sure that your remaining assets are
distributed according to your passions and beliefs. Many people fear
creating a will or believe it's not necessary until they are much older.
Others think that it's expensive and confusing. However, it is one of the
most important things you will do, and with new online legal programs it
is
easier and cheaper than ever before. If you do decide to create or revise
your will, consider the National Federation of the Blind as a partial
beneficiary. Visit www.nfb.org/planned-giving or call 410-659-9314,
extension 2422, for more information. Together with love, hope,
determination, and your support, we will continue to transform dreams into
reality.
Invest in Opportunity
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. You can live the life you
want; blindness is not what holds you back. A donation to the National
Federation of the Blind allows you to invest in a movement that removes
the
fear from blindness. Your investment is your vote of confidence in the
value and capacity of blind people and reflects the high expectations we
have for all blind Americans, combating the low expectations that create
obstacles between blind people and our dreams.
In 2017 the NFB:
. Distributed over seven thousand canes to blind people across the
United States, empowering them to travel safely and independently
throughout their communities.
. Hosted forty-eight NFB BELL Academy programs, which served more than
three hundred and fifty blind students throughout the United States.
. Provided over one hundred thousand dollars in scholarships to blind
students, making a post-secondary education affordable and
attainable.
. Delivered audio newspaper and magazine services to 118,900
subscribers, providing free access to over five hundred local,
national, and international publications.
. In the third year of the program, over three hundred fifty Braille
writing-slates and styluses were given free of charge to blind
users.
Just imagine what we'll do next year, and, with your help, what can
be accomplished for years to come. Below are just a few of the many
diverse, tax-deductible ways you can lend your support to the National
Federation of the Blind.
Vehicle Donation Program
The NFB now accepts donated vehicles, including cars, trucks, boats,
motorcycles, or recreational vehicles. Just call 855-659-9314 toll-free,
and a representative can make arrangements to pick up your donation-it
doesn't have to be working. We can also answer any questions you have.
General Donation
General donations help support the ongoing programs of the NFB and
the work to help blind people live the lives they want. Donate online with
a credit card or through the mail with check or money order. Visit
www.nfb.org/make-gift for more information.
Bequests
Even if you can't afford a gift right now, including the National
Federation of the Blind in your will enables you to contribute by
expressing your commitment to the organization and promises support for
future generations of blind people across the country. Visit
www.nfb.org/planned-giving or call 410-659-9314, extension 2422, for more
information.
Pre-Authorized Contribution
Through the Pre-Authorized Contribution (PAC) program, supporters
sustain the efforts of the National Federation of the Blind by making
recurring monthly donations by direct withdraw of funds from a checking
account or a charge to a credit card. To enroll, visit www.nfb.org/make-
gift, and complete the Pre-Authorized Contribution form, and return it to
the address listed on the form.
----------
[PHOTO CAPTION: John Olson]
The Unexplored Dimensions of Photography:
The Blind and the Freedom of Tactile Understanding
by John Olson
From the Editor: Most readers of the Braille Monitor will recognize
John Olson as the pioneering developer behind 3DPhotoWorks. Although he
has
appeared several times in this publication, he was most prominently
featured in our discussion of the Newseum exhibit which many
Federationists
attended during the Washington Seminar. On the afternoon of July 6, John
was able to share with us his enthusiasm for opening the world of art and
pictures to the blind and for his association with the National Federation
of the Blind. Here is what he said:
You know, some months ago President Riccobono asked me if I would
speak to this assembly. I seized the opportunity; I said yes immediately.
He didn't say I had to follow his address. [laughter] I would like to move
that this be disallowed. Fabulous!
Federation members: what a convention. [applause] What a turnout;
what enthusiasm. I've never seen one like this before.
I'm here today to update you on the development of 3DPhotoWorks fine
art printing. This, as many of you know, is a technology that is currently
delivering art, photographs, maps, and diagrams to members of the blind
communities at six museums in the US and in Canada. As many of you know,
it
has been my goal from the very beginning to create a worldwide network of
museums, science centers, libraries, and institutions willing to provide
the world's blind population with visual information using this tactile
medium. Today I will also report to you on how successful a partnership
can
be when you have a joint unified vision, great leadership, and a highly
motivated membership like the members of the National Federation of the
Blind who are in this room today.
So what does this mean? It means that the goal 3DPhotoWorks set out
to achieve ten years ago could not have been accomplished without the
leaders in this room, without President Riccobono, without Dr. Maurer, and
most importantly without the membership of the National Federation of the
Blind.
So let me start by taking you back in time more than fifty years.
Back then I was a highly motivated young man with a goal to become a
world-
class photojournalist and a war photographer. As a twenty-year-old US Army
draftee, I made a series of photographs during an historic battle in
Vietnam. They were published by the newspaper Stars and Stripes and in
LIFE. This series launched my career, and it allowed me to travel the
world
for decades. Photography gave me access to people and places that only a
few people can ever have.
Toward the end of my career, about ten years ago, I realized how
critical images have been in my life. That caused me to wonder what it was
like for those who didn't have access to art, to photography. I wondered
what it was like for the blind community, who couldn't access visual
information. It was at that moment, on a Labor Day weekend of 2008, that I
set out to develop a means by which blind people could see art, could see
photographs, and could acquire visual information. There were just three
little issues I had to overcome: 1) I had no neuroscience training; 2) I
had no engineering experience; and 3) I had never met a blind person.
Now I began my research by opening the Yellow Pages, where I looked
under the category blind. There I found a number of organizations all
located in New York City. I visited four of them in the same day. They
were
all very encouraging but said, "You really need to meet some blind
people."
They said that I needed to show them [the blind people] some prototypes
and
ask for their input. So I learned of this event, a state convention to be
held in Albany, New York, by a group called the National Federation of the
Blind. I took an exhibitor's table and showed them prototypes of our
tactile printing, and I listened. I learned many things that day: 1) It's
okay to use the B word-Federation members got me over that hurdle very
quickly; 2) Don't leave your box lunch under your table with guide dogs
nearby. A dog that will remain nameless ate my sandwich, my potato chips,
my chocolate chip cookie-but he left me my apple. So, if Mike Robinson of
New York is in this audience, we need to discuss this after the meeting.
But the third and most important event of the day came when a man
introduced himself saying, "My name is Mark Riccobono. I'm with the
National Federation of the Blind. I'd like to invite you to meet with me
and my team in Baltimore." That meeting began an incredible journey of
friendship and collaboration.
Many years ago I came to my first convention to conduct focus groups
and testing. I asked you to tell me about your blindness, your interest in
art, and in photography. You told me about your museum experience, and you
helped me to evolve 3D tactile fine art printing.
By 2016 we had our international debut at the Canadian Museum for Human
Rights. It was a success, one that brought inquiries from a dozen museums:
museums in Austria, Dubai, Mexico, the Philippines, and Germany. But not
one inquiry did we get from the United States. But, like the NFB, we
persevered.
Late in 2016 a small museum in Texas contacted me. They said they
wanted to serve their blind community but needed to raise the money before
they could proceed. I suggested that they get their donor base together in
one room. I'd fly to Texas, and I'd speak to them. If they raised the
money, they could pay my travel expense, and we'd do one tactile piece to
start. If they weren't successful in raising the money, no worries: I'd
take the gamble, and I'd cover the expense on my own. They had 120 people
in the room when I arrived. I spoke for seven minutes telling your story.
Then I came off the stage.
Ten minutes later my contact came over to me and said, "We've just
raised half of the $25,000 we need." Within a few weeks they had raised
the
balance. Earlier this year the Panhandle Plains Historical Museum of
Canyon, Texas, installed their first tactile piece, the artwork of Georgia
O'Keefe called "Red Landscape." They are now planning for their second
tactile installation early next year.
In 2017 we had our second exhibition at the Canadian Museum for
Human
Rights. It was another success, but still very few US inquiries.
Later in 2017 we broke some ice and completed an installation at
Endicott College near Boston and an installation at the Museum of the
American Revolution in Philadelphia. In fact we did this installation for
an exhibit builder and not directly for the museum. So I had no direct
contact with the leadership there. Later that year, at the American
Alliance of Museums meeting in St. Louis, the exhibit builder pulled me
aside. He said, "We have a problem. Our client is very upset. He is very
worried that the tactile piece we installed will fail."
I said I needed more information. He said, "It's so popular, there
are so many hands on it all the time, that he wants to put it behind
glass!"
I said, "No, no, no, no. Now I understand. I've got a better
solution. Tell your client to take the art down, find a closet, lock it in
the closet, turn the lights off, throw the key away, and it will never
fail." He understood. That piece is still standing in the Museum of the
American Revolution in Philadelphia today. I was there a few weeks ago,
and
they are discussing adding four more tactile pieces.
Earlier this year we had a break. As I mentioned, I started my
career
as a war photographer. The battle I photographed in 1968 turned out to be
historic. Many historians say it was the turning point for US involvement
in the war in Vietnam. Like many veterans I came back and spent nearly
fifty years not talking about Vietnam. But as the fiftieth anniversary
approached, I began to wonder what had happened to the eighteen-,
nineteen-
, twenty-year-old men that I had photographed in 1968. Now I didn't know
any of these men, but by chance I learned one of their names, and, over
time, I located and completed audio interviews with eleven of them. The
interviews were highly emotional as the fighting in Hu? was violent, it
was
up close, and it was personal. I realized I had a powerful potential
exhibit if only I could find a major museum to showcase it. Over the
course
of the year, every major museum in New York and Washington turned me down!
In late September 2017 I visited the Newseum in Washington regarding
a small, tactile project. I took the opportunity to pitch the Vietnam
exhibit and show them a PowerPoint presentation and let them listen to
some
of the audio. They were overwhelmed. Within three days we had a handshake
agreement to produce both a conventional and a tactile exhibition. Now
usually an exhibit like this would take eighteen months to two years to
produce. We were given less than 120 days to make this happen.
So my first call was to President Riccobono. I knew that the
Federation met every January in DC with members from all fifty states
present, and I thought that possibly we could get a small bus to bring a
few members to the opening. President Riccobono was thinking light years
beyond me. I pulled off the road next to a Walmart on a drive between
Georgia and Texas to have this conversation, and he was light years beyond
my thinking. It was early on in that conversation that he proposed the
possibility of the Federation being interested in sponsoring the event.
Now many of you know how the story ends. The National Federation of
the Blind and Nikon cameras agreed to cosponsor this historic event. On
January 30, 2018, 350 Federation members attended an opening at the
Newseum
where President Riccobono, four-star Marine General Walters, and I were
there to say "Welcome." [applause]
The exhibit, with twenty conventional photograph prints and ten
tactile prints, has been so successful that it has been extended six
months. The museum vice president in charge has said "From opening on
January 6, 2018, to May 31, a little over 85,000 visitors were exposed to
this incredible exhibit. We see a definite uptick in visitors among our
blind guests. With the advent of this exhibit it is a wonderful thing to
watch people who have not been embraced by the museum community be in an
exhibit space where they can experience the content as fully as any other
exhibitor."
I believe this is my fifth convention. Today when I walked through
these halls, I don't see Federation members; I see friends, I see
collaborators, I see technical advisors, and I see changemakers. We have
just begun to scratch the surface in conjunction with the Federation.
There
is the possibility of developing an incredible technology, and with your
help we'll be there. Thank you.
----------
[PHOTO CAPTION: Edward Bell]
The 2019 Blind Educator of the Year Award
by Edward Bell
From the Editor: Dr. Edward Bell is an experienced educator in his
own right. He was named Blind Educator of the Year in 2008. He chairs the
2019 Blind Educator of the Year Award Selection Committee. This is what he
says:
A number of years ago the Blind Educator of the Year Award was
established by the National Organization of Blind Educators (the educators
division of the National Federation of the Blind) to pay tribute to a
blind
teacher whose exceptional classroom performance, notable community
service,
and uncommon commitment to the NFB merit national recognition. Beginning
with the 1991 presentation, this award became an honor bestowed by our
entire movement. This change reflects our recognition of the importance of
good teaching and the affect an outstanding blind teacher has on students,
faculty, community, and all blind Americans.
This award is presented in the spirit of the outstanding educators
who founded and have continued to nurture the National Federation of the
Blind and who, by example, have imparted knowledge of our strengths to us
and raised our expectations. We have learned from Dr. Jacobus tenBroek,
Dr.
Kenneth Jernigan, Dr. Marc Maurer, and our current President Mark
Riccobono
that a teacher not only provides a student with information but also
provides guidance, advocacy, and love. The recipient of the Blind Educator
of the Year Award must exhibit all of these traits and must advance the
cause of blind people in the spirit and philosophy of the National
Federation of the Blind.
The Blind Educator of the Year Award is presented at the annual
convention of the National Federation of the Blind. Honorees must be
present to receive an appropriately inscribed plaque and a check for
$1,000.
Nominations should be sent to Dr. Edward Bell, director, PDRIB, by
email at ebell at latech.edu, or by mail to PDRIB, Louisiana Tech University,
PO Box 3158, Ruston, LA 71272. Letters of nomination must be accompanied
by
a copy of the nominee's current résumé and supporting documentation of
community and Federation activity. All nomination materials must be in the
hands of the committee chairman by May 1, 2019, to be considered for this
year's award. For further information contact Edward Bell at 318-257-4554,
or ebell at latech.edu.
----------
[PHOTO CAPTION: Lauren Merryfield]
Getting There
by Lauren Merryfield
From the Editor: Lauren Merryfield is a longtime member of the
National Federation of the Blind, a contributor to the Kernel Books we
have
published in the past, and a person who often reminds us that what is
important about the way we function is not whether it is perfect but
whether it is real, sustainable, and effective. What I like about Lauren's
perspective is her rejection of the idea that we need to learn route
travel
and that it is only through being shown that we can figure out how to move
safely in the places we live, work, and play. I had been traveling for
five
years before someone convinced me that I could learn new travel routes on
my own and that if I needed help it could come from someone other than a
specially trained mobility instructor. It could even come from a blind
person! I learned that it was okay to be lost and that being lost did not
mean that I was in the jungle where I would soon be eaten. I learned about
stopping to take stock of where I was, about attempting to reverse my
route, and about asking other people to tell me the street that I was on
and the street I would come to if I kept walking. Mostly what I learned
was
not to be overly anxious or afraid and that being lost was a part of the
normal travel experience that blind and sighted people encounter all the
time. This is the message that Lauren brings, and I love the way she does
it. Here is what she has written:
Quite often when I am using my long white cane and now a walker,
some
people become perfectionistic about my getting from one place to another.
I
know there are blind people who make it from point A to point B without
making any errors. However, I know of some blind people who do not even
try
to get around by themselves because they fear they will not do it
perfectly.
My feet don't work right, so I generally do not walk a straight
line,
but I go anyway. In getting somewhere, I am sometimes likely to bump
something with my cane or walker. This is what the cane is for-to tell me
about things in my path. Some people will say that I am running into
things, but if my cane strikes them and I do not, I am not running into
them; I am simply detecting them.
Sometimes when someone is directing me, they are concerned when I
don't make a straight shot without coming in contact with something. While
using a ramp, they correct me so that I don't come in contact with the
rail, but it is okay with me if I do this. I can always correct
myself-this
is just the way I travel.
I figure that as long as I get from point A to point B, that is the
main thing. It would be nice if I could do it perfectly as some people do,
but to me, it is not a requirement. I don't stay home, refusing to get out
for fear that I will hit something and someone will see it. I have long
since given up the worry that someone will see me hit something and assume
that I and all blind people are clumsy.
I consider myself to be an investigatory blind person, for often
when
I come in contact with something, I want to check it out. At times, when I
am in the process of checking something out, a worried person will tell me
what the object is or where I am or assume that I am lost or about to get
hurt or perhaps fall. I appreciate their interest but wish I could spare
them the worry. This is the way I learn; this is part of my life with
which
I am very comfortable.
Last year I moved to a new apartment house. I learned the route, but
occasionally I drift off. Sometimes people watching will become concerned,
not knowing that part of my skillset is to learn by and from my mistakes.
I
tell them I am not as much lost as I am correcting myself. I explain that
sometimes when I accidentally get off course, I actually learn more about
my surroundings than if I go perfectly on my path.
I am surprised when some people get concerned about me going into a
restroom-like, how far off course can one get in a restroom? Really! The
concern is as misplaced as wondering whether or not I can travel up and
down the aisle of an airplane-how can one go wrong?
Once a blind person told me he never got lost. I was skeptical. He
considered it a compliment to himself when I thought he was being
dishonest. My reasoning in rejecting his claim is simple: sighted people
get lost, so why wouldn't blind people also get lost? Sighted people go
from point A to point B with occasional errors, so why wouldn't blind
people be likely to do the same on occasion?
When my second husband was driving, he occasionally became quite
lost. We sometimes drove around for quite a while before getting our
bearings. Sometimes we stopped to ask someone for directions. Sometimes he
had a map that he consulted. Sometimes I was the one who told him where to
go. But we always made it back home. He didn't decide that we couldn't go
somewhere for fear he would become lost, like some blind people I have
met.
I remember one time when I was walking along a strip mall looking
for
a certain store. On the way I made the wrong turn, finding myself at the
door of an ice cream parlor. I could have panicked or anxiously asked the
people inside for directions; but no, I stopped in for a treat before
going
on my way. I did not consider that I had made a mistake as much as adding
something interesting to my day.
Sometimes blind people I know will confuse the reasons for my
difficulty. They will assume that I lack good skills of blindness, when
the
truth is that there are other problems I have acquired as I have gotten
older that play into my mobility challenges. What they also need to
understand is that my goal is to be an exploratory traveler and not a
perfect traveler. Most of the time I am comfortable if traveling from
place
X to place Y involves a detour. Often I can find value in this, and even
when it is an inconvenience, it certainly doesn't justify staying home and
being isolated.
Though my determination to get somewhere by myself is my norm, due
to
chronic illness and pain I will occasionally ask for directions, refuse to
go somewhere with someone unless they know their way, or resort to being
taken somewhere by someone who knows the way. Some blind people may think
this is the easy way out, even the lazy way out. I consider it simply an
alternative. I don't want my having health issues to keep me from going
somewhere and getting back home. So, yes, sometimes I have help getting
from point A to point B. But I do not do this because I do not believe I
could get there myself; I do it out of convenience or necessity if I am
not
feeling well. If I have a time constraint, I may likewise accept help from
someone. If I am feeling bad, I may take more help than if I am feeling
well. I think this has nothing to do with blindness and everything to do
with realizing that each of us has options and that there is an
appropriate
time and place to exercise them.
Sometimes my travel leads to humorous experiences and exchanges. I
am
reminded of the time when I walked into the hotel in New Orleans for our
National Convention, asking "Which direction am I going?" What I wanted to
know was whether I was facing north, south, east, or west. The guy at the
front desk said "Straight ahead." That made me laugh. It also made me
realize that sometimes it is just better for me to figure out things
myself.
Often my traveling from point A to point B is more like a story. It
has a beginning, a middle, and an end; however, there are plots, subplots,
and surprises along the way. To me the main thing is that when I embark on
foot, the issue isn't how straight or quickly I get somewhere, but getting
there and being proud of the fact that I have the skills, the courage, and
the mindset to go. This is what it means to be free; this is what it means
to be independent.
----------
National Federation of the Blind 2019 Scholarship Program
The National Federation of the Blind is pleased to announce our 2019
scholarship program! We offer thirty scholarships to blind students from
across the United States and Puerto Rico who will be enrolled in full-time
post-secondary degree programs during the 2019-2020 school year. These
scholarships range in value from $3,000 to $12,000 and will be awarded at
our 2019 national convention in Las Vegas, NV.
The application period begins November 1, 2018, and closes at
midnight
EST on March 31, 2019. Go to https://nfb.org/scholarships. To apply during
the five-month open period, read the rules and the Submissions Checklist,
complete the official 2019 Scholarship Application Form (online or in
print), supply all required documents, and request and complete an
interview by an NFB affiliate president. Remember, the only way to win is
to apply!
----------
[PHOTO CAPTION: Lee Martin]
Living Beyond Adversity
by Brock Brown
From the Editor: In a physical sense most of our readers have a good
understanding of blindness. But beyond the physical, what is it?
Throughout
history and in different civilizations, blindness has been viewed as a
curse from God, a tragic condition that can never be more than partially
mitigated by the charity of others. Some of us have been so bold as to say
it is mostly a nuisance and an inconvenience, one characteristic among
many
that makes us who we are. But never until this article have I heard
someone
refer to the inability to see or see well as "the gift of blindness."
Lee Martin lives in Indiana and is an active member of his chapter,
affiliate, and our national body. What follows is part one of a two-part
article that appeared in the September issue of the Speedway Talk
newspaper. Brock Brown writes for Speedway Talk newspaper, which has
enthusiastically given us its permission to reprint this article.
As I sat waiting for a friend, I watched a blind man with a white
walking cane come down the main corridor at the Healthplex. It appeared he
was exploring. He was not in a hurry, and he didn't ask for help. I
suppose
he knew he would be back.
He now comes regularly and has his exercise routine on various
pieces
of equipment both upstairs and downstairs. (He does not use the elevator.)
He sets his exercise machine on slow (steep uphills) and pushes and pulls
hard, building strength.
When I saw him in the locker room shining his shoes, I introduced
myself and mentioned I had never seen a blind man shining his shoes. He
said in a patient way, "Well, I do want to look nice."
I think you'll find Lee Martin's story inspiring.
Lee Martin-Living Beyond Adversity
I met Lee at his office-where he runs a radio program and holds
meetings with the Circle City Chapter of the NFB.
Lee: It took me a few years, but I learned how to be blind. You can
live a full life, but the main challenge is the discrimination that's
involved with the conditions of blindness. Everyone doesn't have the same
capacities, but our society thinks that the blind are generally not
capable
at all.
Brock: We each have limitations, and we each have different
abilities, and knowing what they are and figuring out how to work around
the limits is a challenge.
Lee: Yes, but knowing how to work around them is the key.
Brock: It's how we become stronger.
Lee: That's right, and that's one of the gifts God gave us. I now
believe He gave me the gift of blindness.
When I first came up with that little philosophy, I was talking to
our chapter members. I was philosophizing one day and mentioned "the gift
of blindness." One of our members said, "I don't know what you're talking
about, this ain't no damn gift." And most are taught that. However, when
you work with what you've been given to work with, things happen.
I heard a lady say one day, "God didn't choose you to be a blind,
weak saint."
Brock: He chose you to live fully in this wonderful world.
Lee: Right. And for me, it's to direct and show others. It's the
work
we do with the National Federation of the Blind Newsline. I'll set this
out
for you.
The National Federation of the Blind Newsline provides the
opportunity for blind, visually impaired, and print-challenged citizens to
read newspapers and magazines independently, twenty-four hours a day,
seven
days a week, for free.
We provide access to over 460 national and fifteen international
newspapers. We have "breaking news" with ABC, CNN, Fox News, Huffington
Post, and others. A patron can pick up their landline phone or an app for
their cell phones. We also have a small device that's called the Victor
Reader Stream. I can read any newspaper with that.
The Victor Reader Stream is a device that has multiple features on
it. I can do podcasts; I can download books from the Talking Book and
Braille Library.
I download a lot of books, and there's a lot of podcasts dealing
with
what's going on in the blind community. There's a lot of entities working
within the blind community, and they have been doing so for long before I
lost my sight.
Brock: How did you lose your sight?
Lee: They found an inflammation, scleritis, and it deteriorated my
retinas. It turned them into wet tissue paper. So, there went my sight. It
took a while for it to totally go, but when it did, I was forty-eight
years
old.
Brock: You must have realized something was going wrong with your
eyes; you went to find out what it was, and they probably told you, "Well,
there's no fixing this," or, "We'll try our best to-"
Lee: Yes, it took time. But finally I was told there's no point of
return to normalcy as I would know it.
My mother-my wonderful adopted mother-I called her up. She was in
her
nineties at the time. I finally called her up to let her know why she
hadn't heard from me too much because I had lost my sight. And her words
were, "Well, that's God's plan. God knew this long before you did, and I
expect for you to not be a weakling and be strong. Let Him guide you
through this." That's what I basically did.
So, I would say after losing my sight, I lost a lot of friends and
lost my job at Chrysler. That impacted my life because my family was ready
to say, "Okay, so you're losing your sight. None of us know about
blindness, but you're gonna have to come home, and we're gonna have to
take
care of you."
And I wasn't ready for that. I was recovering from the medicine. I
was on a cancer-type treatment. I did all that chemo to try to bring back
my sight. I was a single man, and it was hard on me.
I knew nothing about blindness. Where am I gonna go; am I gonna have
to be taken care of the rest of my life?
I'm a Vietnam veteran, and I found there's a rehabilitation service
for blinded veterans at Hines Hospital in Chicago and here in Indianapolis
at Roudebush, the veterans' hospital.
When I did go to the Indianapolis VA, my initial visit as a blinded
vet, they had a volunteer come out to my apartment. I was having all kinds
of anxieties about this guy coming to my door. I don't know who he is, but
he's in the system, and at that time we had high crime. You worry about
all
that you hear on the news. So, this gentleman came to my door; he
identified himself, and I went with him to the VA hospital. Nothing bad
happened.
I got there, and I'm sitting, waiting on the doctor, and I hear a
guy
coming with tapping, I hear this tapping.
He had an eye appointment, and the receptionist said, "Well, there's
another blind guy right over here," and the guy turned around and
introduced himself to me. We talked, and I told him I was new to the whole
process.
He started informing me. Mr. Fred Edwards, I'll never forget him. He
started informing me about the rehab that was going to be necessary for me
and that there was a rehab facility in Chicago. He described the visual
impairment service team at the Indy VA. He said, "I'm gonna introduce you
to the coordinator, Tom." So, I got introduced.
I just took all that with a grain of salt. But, the following
Wednesday, I got a call from the director, Tom, and he had gotten me all
set up to go to Chicago.
I had to be there Friday. That means I would have to find someone to
take care of my apartment, take care of my mail, take care of all my
business. Then I would have to find someone to help me pack, get my
clothes
together, 'cause being blind you just don't have that. I didn't have all
that.
A friend helped me get all that together in that short period of
time. I had to trust her with everything I had, and that's hard to do at a
moment's notice. Just think about it. If you were single and, all of a
sudden, you would give your keys to your life, to your privacy, to your
everything, to someone else.
I did it and got to the airport. The airline took care of me at the
airport, and I got to O'Hare. A team member was waiting for me. And he got
me to the Hines Rehab Center and got me all checked in with the medical
staff. You have your own room, and they got me oriented with the center,
relieving a lot of my anxieties. I was forty-eight and that was a big
start. I was there for a year.
Brock: Is that the usual time?
Lee: The usual length of time was about six months for the first
part
of the program and then about four/six months for additional computer
training.
I learned the orientation and mobility cane. They put me into an
industrial class where they have power saws, drills, power drills, lathes;
they would assign you a project to complete; you have to learn the
machines
and learn how to make all that kinda stuff. These were machines I didn't
touch when I could see, so I had a lot of issues going into it.
Brock: A whole new world.
Lee: Yes! A whole new world. I'm saying, "Power saws? I don't use no
saw! A band saw? Why am I messing with them? They are dangerous!
Especially
for a blind guy!"
Brock: Yeah, one slip and you could lose your finger.
Lee: Yeah, and I still have all of them. Once I made it through
that,
it gave me the encouragement that I could return to my job at Chrysler.
That was a big thing. Then, with the mobility training and learning how to
be out in the public again, I was really encouraged.
I stayed and got computer training; that's what took longer for me.
But you had to qualify for it. The qualifications were you had to type
thirty words a minute. One of the counselors came down, and he spoke to me
in my room. I said, "Man, I haven't typed in years," and he said, "Well
it's just like riding a bike, once you get on it." He took me to his
office, and he set me up in front of this typewriter. I tried to find the
home row, and I hit a key. It dinged, and I jumped back.
He said, "What's going on?"
I said, "I heard the ding from the carriage return, but I didn't hit
the carriage return. I'm reaching for the carriage return bar."
He asked, "What are you reaching for?"
I said, "I'm trying to find the return bar."
And he said, "Oh my God, it has been a long time."
It took me a good week to get use to all of that. I managed to pass
the test for the class. I was trained by a blinded veteran every day for
about six hours a day. Nothing but computer training. I learned an
enormous
amount of information about how to navigate a computer. That's what I do
now.
Lee was trained well and immediately returned to apply for a job
with
his previous employer, Chrysler. It became national news.
----------
[PHOTO CAPTION: Carla McQuillan]
The 2019 Distinguished Educator of Blind Students Award
by Carla McQuillan
From the Editor: Carla McQuillan is the president of the National
Federation of the Blind of Oregon, a member of the national board of
directors, and the owner and executive director of Main Street Montessori
Association, operating two Montessori schools. She is the chairman of the
Distinguished Educator of Blind Students Award Committee, and she has
written this announcement seeking applications for the 2019 award:
The National Federation of the Blind will recognize an outstanding
teacher of blind students at our 2019 annual convention, July 7 through
July 12 in Las Vegas, Nevada. The winner of this award will receive the
following:
. An expense-paid trip to attend the convention
. A check for $1,000
. A commemorative plaque
. A place on the agenda of the annual meeting of the National
Organization of Parents of Blind Children to make a presentation
regarding the education of blind children, and
. The opportunity to attend seminars and workshops that address the
current state of education of blind students, as well as a chance to
meet and network with hundreds of blind individuals, teachers,
parents, and other professionals in the field.
The education of blind children is one of the National Federation of
the Blind's highest priorities. We are committed to offering and
supporting
programs that enhance educational opportunities for this group. Please
help
us recognize dedicated and innovative teachers who provide quality
education and meaningful experiences and opportunities for their blind
students.
Q: Who is eligible for this award?
A: Anyone who is currently a teacher, counselor, or the
administrator
of programs for blind students.
Q: Does an applicant have to be a member of the National Federation
of
the Blind?
A: No, but attending the national convention in Las Vegas is
required.
Q: Can I nominate someone else for this award?
A: Yes. Applicants can be nominated by colleagues, parents,
supervisors, or friends who have first-hand knowledge of the individual's
work with blind students.
Q: How would I apply?
A: You can fill out the application at the end of this article or
find
it on our website at
https://nfb.org/images/nfb/documents/pdf/distinguished-
educator-of-blind-students-award-form-fillable.pdf
Q: What is the deadline to submit an application or make a
nomination?
A: All applications must be received no later than May 1, 2019.
Please complete the application and attach the required documents
specified in the application. If you are submitting a nomination for
someone other than yourself, please answer the questions to the best of
your ability. Your experience and observations of the nominee will assist
the selection committee in their decision. Questions? Contact Carla
McQuillan at 541-653-9153, or by email at: president at nfb-oregon.org.
National Federation of the Blind
Distinguished Educator of Blind Students Award
2019 Application
Deadline: May 1, 2019
Name: _______________________________________________________
Home Address: _________________________________________________
City, State, Zip: _________________________________________________
Phone: (H) ____________________ (W) ____________________________
Email: ______________________________________________________
School: ______________________________________________________
Address: _____________________________________________________
City, State, Zip: _________________________________________________
Please list any awards or commendations you have received.
How long and in what programs have you worked with blind children?
In what setting do you currently work?
Briefly describe your current job and teaching responsibilities.
How would you describe your philosophy of blindness as it relates to the
education of blind students?
What are your thoughts on teaching Braille and cane travel? When and at
what age would you begin? How do you determine whether to teach print or
Braille?
What was your most memorable experience working with blind students?
Why should you be selected to receive this award?
Email is strongly encouraged for transmitting nominations; letters of
support and other relevant materials should be included as attachments.
Applications sent by mail and postmarked by the deadline will also be
accepted. Send all material by May 1, 2019, to Carla McQuillan,
chairperson, Teacher Award Committee, president at nfb-oregon.org or by mail
to 522 65th Street, Springfield, OR 97478; 541-653-9153.
----------
[PHOTO CAPTION: James Gashel]
The 2019 Dr. Jacob Bolotin Awards
by James Gashel
From the Editor: James Gashel is secretary of the National
Federation
of the Blind and chairs the Dr. Jacob Bolotin Award Committee. Here is his
announcement about the 2019 Bolotin Awards program:
The National Federation of the Blind is pleased to announce that
applications are now being accepted for the Dr. Jacob Bolotin Awards.
These
prestigious awards, granted each year as funds permit, seek to honor
initiatives, innovations, and individuals that are a positive force in the
lives of blind people and advance the ultimate goal of helping them
transform their dreams into reality. Award winners will be publicly
recognized during the 2019 annual convention of the National Federation of
the Blind in Las Vegas, Nevada. Each recipient will be given a cash award
in an amount determined by the Dr. Jacob Bolotin Award Committee and will
also be honored with an engraved medallion and plaque.
Dr. Jacob W. Bolotin (1888-1924) was a pioneering blind physician,
the first in history who achieved that goal despite the tremendous
challenges faced by blind people in his time. Not only did he realize his
own dream; he went on to support and inspire many others in making their
own dreams a reality. The awards which bear his name are made possible
through the generosity of his late nephew and niece. Their bequest, the
Alfred and Rosalind Perlman Trust, allows the National Federation of the
Blind to present the annual cash awards.
As chronicled in his biography, The Blind Doctor by Rosalind
Perlman,
Dr. Bolotin fought ignorance and prejudice to gain entrance to medical
school and the medical profession. He became one of the most respected
physicians in Chicago during his career, which spanned the period from
1912
until his death in 1924. He was particularly known for his expertise in
diseases of the heart and lungs. During his successful career Dr. Bolotin
used his many public speaking engagements to advocate for employment of
the
blind and the full integration of the blind into society. Interested in
young people in general and blind youth in particular, Dr. Bolotin
established the first Boy Scout troop consisting entirely of blind boys
and
served as its leader.
Jacob Bolotin's wife Helen had a sister whose husband died suddenly,
leaving her to raise a son, Alfred Perlman. The Perlmans moved in with the
Bolotins when Alfred was eleven, and for four years (until Jacob Bolotin's
untimely death at age thirty-six), "Uncle Jake" became Alfred's surrogate
father. Alfred later married Rosalind, and the couple worked on a book
about Dr. Bolotin's life. After Alfred's death in 2001, Rosalind dedicated
the rest of her life to completing and publishing the book. Then, upon her
death and as part of her will, Rosalind left a bequest to the Santa
Barbara
Foundation and the National Federation of the Blind to produce Dr.
Bolotin's biography and establish the Dr. Jacob Bolotin Award program. Her
book, The Blind Doctor: The Jacob Bolotin Story, has been published by and
is available from Blue Point Books, www.BluePointBooks.com.
Past award winners have:
1. Broken down a barrier facing blind people in an innovative way.
2. Changed negative perceptions of blindness and blind people.
3. Pushed past existing boundaries to inspire blind people to achieve
new
heights.
Award Description
In 2019 the National Federation of the Blind will again recognize
individuals and organizations that have distinguished themselves in
accordance with the criteria established to receive a Dr. Jacob Bolotin
Award. The committee will determine both the number of awards and the
value
of each cash award presented. The Federation determines the total amount
to
be distributed each year based on income received from the trust
supporting
the award program. The award categories for each year are blind
individuals, sighted individuals, and organizations, corporations, or
other
entities. Individuals may apply on their own behalf or may submit a third-
party nomination, or the committee may also consider other individual or
organizational candidates.
Who Should Apply?
Individuals: Only individuals over eighteen years of age may be
considered for a Dr. Jacob Bolotin Award. Applicants must demonstrate that
they have shown substantial initiative and leadership in improving the
lives of the blind. Examples of such initiative include but are not
limited
to developing products, technologies, or techniques that increase the
independence of the blind; directing quality programs or agencies for the
blind; or mentoring other blind people. All individual applicants or
third-
party applicants nominating other individuals must demonstrate that the
work to be recognized has been conducted within the twelve months
preceding
the application and/or that the work is continuing. Applications by or on
behalf of individuals must include at least one letter of recommendation
from a person familiar with or directly affected by the work to be
recognized.
Organizations: Organizations may apply for a Dr. Jacob Bolotin Award
in order to further programs, services, technology, or techniques of
unique
and outstanding merit that have assisted and will continue to assist the
blind. Applications from third parties nominating an organization will
also
be considered. The organization category includes corporations, nonprofit
organizations, or other entities, such as a specific division within an
organization. Organizations or third-party applicants must demonstrate
that
the programs or services to be recognized include substantial
participation
by blind people as developers, mentors, administrators, or executives, and
not merely as clients, consumers, or beneficiaries. For example, an
organization operating a program for blind youth might demonstrate that a
substantial number of the counselors, teachers, or mentors involved in the
program are blind. The organization or third-party applicant must
demonstrate that it has substantially aided blind people within the twelve
months prior to application and that an award would support efforts to
build on previous successes. The application must also include at least
one
testimonial from a blind person who has benefited substantially from the
programs or services.
To qualify for an award both individuals and organizations must be
headquartered in the United States of America, and their work must
primarily benefit the blind of the United States.
Procedures
More information, including an online application, can be found on
the National Federation of the Blind website at https://nfb.org/bolotin.
Online submission of nominations, letters of support, and other
relevant materials is strongly encouraged, but applications sent by mail
and postmarked by the deadline will also be accepted. The 2019 deadline
for
application submission is April 15. Recipients chosen by the committee
will
be individually notified of their selection no later than May 15. Receipt
of all complete applications will be acknowledged; only those applicants
chosen to receive an award will be contacted by May 15. All decisions of
the Dr. Jacob Bolotin Award Committee are final.
The awards will be presented in July during the annual convention of
the National Federation of the Blind. Individuals selected to receive an
award must appear in person, not send a representative. Organizations may
send an individual representative, preferably their chief executive
officer. Recipient candidates must confirm in writing that they will
appear
in person to accept the award at the National Federation of the Blind
annual convention. Failure to confirm attendance for the award
presentation
by June 1 will result in forfeiture of the award.
Ineligible Persons
Those employed full-time by the National Federation of the Blind may
not apply for a Dr. Jacob Bolotin Award for work performed within the
scope
of their employment. Students may not apply for both a Dr. Jacob Bolotin
Award and a National Federation of the Blind Scholarship in the same year.
----------
Recipes
Recipes this month come from the National Federation of the Blind of
Massachusetts.
Soft Chocolate Chip Cookies
by Heather Doray
Heather Doray is secretary of the Greater Springfield chapter of the
NFB of Massachusetts. These are always a hit and bring in good money at
our
state convention auction.
Ingredients:
2-1/4 cups flour
1 teaspoon baking soda
2 sticks butter, room temperature
1/4 cup sugar
3/4 cup brown sugar
1 package Jell-O instant vanilla pudding (4-serving size)
2 eggs
1-1/2 cups chocolate chips
Method: Mix flour and baking soda, set aside. Cream together butter,
sugars, and pudding mix. Add eggs, mix until creamy. Gradually add flour
mixture. Stir in chocolate chips. Drop by teaspoon onto greased cookie
sheets. Preheat oven. Bake at 350 for ten minutes. Let sit in pans for two
minutes before removing to wire racks.
----------
Apple Cake
by Lori Feltberg, friend of NFBMA
Ingredients:
3 medium apples (Macintosh or Cortland) peeled and cored
1 cup vegetable oil
3 eggs
2 cups flour (1/4 cup at a time)
1 cup white sugar
1/2 cup brown sugar
1 teaspoon baking soda
1 teaspoon salt
1 teaspoon vanilla
1 teaspoon cinnamon
Method: Combine all ingredients with mixer or processor. Cut apples
into thin slices and stir into batter. Pour batter into a greased Bundt
cake pan and bake at 375 degrees in preheated oven for fifty minutes. Cool
on a wire rack completely and then invert cake pan to a cake plate.
----------
[PHOTO/CAPTION: Shara Winton]
Black Bean and Rice Skillet
by Shara Winton
Shara Winton is president of the Cambridge Chapter and first vice
president of the National Federation of the Blind of Massachusetts
Ingredients:
1 tablespoon extra virgin olive oil
1 medium-sized zucchini, diced
1/2 cup green pepper, diced
1/2 cup red pepper, diced
1 small onion, diced
1 can (15-ounce) black beans, rinsed and drained
1 can (14.5-ounce) fire roasted diced tomatoes, undrained
1 cup frozen corn, defrosted
1 clove garlic, minced
1 cup white or brown rice
1-3/4 cups water
1/2 cup shredded cheddar cheese
1/2 cup shredded Monterey Jack cheese
1/2 cup sliced green onions
1 pinch of crushed red pepper flakes
salt and pepper to taste
Method: In a large skillet, heat the olive oil over medium high
heat.
Add the onion and sauté for about three minutes, until it begins to turn
translucent. Add the diced red and green peppers, and zucchini. Sauté for
about three more minutes. Add the corn, garlic, crushed red pepper flakes,
and a pinch of salt. Stir in the can of tomatoes, rice, and water. Bring
the mixture to a boil, and then cover with a lid and simmer on low heat
for
about twenty minutes, until the rice is tender. (Brown rice will take
about
thirty to thirty-five minutes.) Stir in the beans and turn off the heat.
Let stand for seven minutes. Top with cheese and serve. Enjoy. Note: If
you
don't have zucchini, corn, or cheese, it is still fantastic without these
ingredients.
----------
Sweet Onion Cornbread
by Shara Winton
Ingredients:
2 cups corn meal
1/2 cup self-rising flour
2 large eggs
1/2 cup sugar
2/3 cup half-and-half
1 Vidalia onion, chopped
Method: Mix all ingredients in bowl and place into buttered cast
iron
skillet. Bake at 400 degrees for twenty-eight minutes or until golden
brown. Enjoy!
----------
Mojo Pork Chops
by Shara Winton
Shara says about this recipe, "My family loves these pork chops. I
like to serve them with black beans and rice on the side."
Ingredients:
1 cup plus 1/4 cup orange juice, divided
1/2 cup plus 1/4 cup fresh lime juice, divided
1/4 cup vinegar
4 (1-inch-thick) bone-in pork chops
1 tablespoon black pepper
2 tablespoons kosher salt
1-1/2 teaspoons ground cumin
1 tablespoon garlic powder
1 tablespoon onion powder
1 tablespoon dried oregano
3 tablespoons canola oil
1/4 cup chopped red onion
2 cloves garlic, chopped
1/4 cup white wine
1 tomato, chopped, for garnish
1/2 avocado, sliced, for garnish
Method: In a gallon-sized resealable plastic bag, combine 1 cup
orange juice, 1/2 cup lime juice, and vinegar. Add pork and let it sit and
marinate for about 1 hour in refrigerator.
In a small mixing bowl, combine all dried spices. Pat the pork chops dry
with a paper towel and rub with the dry spice mixture.
Heat oil in a large sauté pan over high heat. Place the pork chops
in
the pan and sear on one side until brown. Flip over and turn the heat down
to medium-low. Add onion and sauté for two minutes. Then add the garlic
and
continue to cook until garlic begins to brown. Pour in the remaining 1/4
cup orange juice, 1/4 cup lime juice, and white wine. Simmer until the
liquid is slightly reduced and begins to thicken. The chops should be
cooked through.
Remove the chops from pan and put on a warm plate. Continue to
reduce
juices in pan by half. Pour over the chops and serve immediately. Enjoy!
----------
Hamburger and Beans in the Crock Pot
by Shara Winton
Shara has this to say, "This recipe makes a lot and is great to
serve
if you have people over to just hang out, watch ball games and entertain
family. You can serve it with a salad for a meal. My son loves to top it
with tortilla chips, cheddar cheese, and sour cream."
Ingredients:
1-1/2 to 2 pounds ground beef
1 large onion, chopped
1 small green pepper, chopped
1 clove of garlic, chopped
1 16-ounce can pork and beans, drained
1 15.5-ounce can kidney beans, drained
1 15.5-ounce can red beans, drained
1 10-ounce can diced tomatoes with green chilies, undrained
1 10-3/4 ounce can tomato soup, undiluted
1 teaspoon salt
1/2 teaspoon black pepper
Pinch cayenne or several drops hot sauce (optional)
1 tablespoon Worcestershire sauce
1 4-ounce can mushroom pieces, drained
1 teaspoon liquid smoke (optional)
Method: Brown ground beef, onion, green pepper, and garlic in
skillet
on top of the stove. Drain. Add to crock pot along with remaining
ingredients. Cook on low for about four hours until flavors have blended.
Makes a three-quart crock pot about 3/4 full. Serve with toppings of your
choice or with cornbread for a great meal.
----------
[PHOTO/CAPTION: David Ticchi]
Andrea's Carrot Cake
by David Ticchi
David Ticchi is a former president of the National Federation of the
Blind of Massachusetts and an experienced educator. He was recognized as
Blind Educator of the Year in 1998, and would later chair the prestigious
committee that had previously selected him for recognition.
Ingredients:
2 cups sugar
1-1/2 cups oil
4 eggs
2-1/4 cups flour
2 teaspoons salt, sift together
2 teaspoons baking soda
2 teaspoons cinnamon
3 cups grated raw carrots (use 1-pound pkg. baby carrots; grate in food
processor)
1/2 cup chopped walnuts (or 1/2 cup wheat germ)
1/2 cup raisins (or 1/2 cup drained crushed pineapple)
Method: Blend all ingredients together in electric mixer Pour batter
in greased and floured nine-by-thirteen-inch pan. Preheat oven. Bake at
350
degrees for fifty to sixty minutes. If using glass pan, bake less than one
hour. Test for doneness using toothpick inserted in center. It should be
dry. Cool on rack. When done and completely cool, frost with cream cheese
frosting.
Cream Cheese Frosting:
Ingredients:
1 8-ounce package cream cheese
1/4 cup butter
2 teaspoons vanilla
1 16-ounce package confectioner's sugar
Method: Put all ingredients into mixing bowl. Beat until smooth with
electric mixer.
----------
Godmother's Chicken
by David Ticchi
Ingredients:
3 pounds boneless chicken breast (about five whole breasts, split in
halves
or use boneless chicken thighs)
1/2 cup of olive oil
4 tablespoons butter (not margarine)
4-5 slices provolone cheese
Mix in baggie:
2 cups flour
2 tablespoons parsley flakes or fresh parsley
1 teaspoon pepper
1 teaspoon salt
4 cloves garlic, chopped finely
1 12-ounce package fresh mushrooms, sliced in half or 1 8-ounce canned
mushrooms, sliced and drained
2 28-ounce cans Hunt's whole tomatoes, peeled with liquid (slice tomatoes
in half)
1 cup or more good white wine (Carlo Rossi Rose)
Method: Coat chicken breasts in flour mixture, discarding extra
flour. In a large frying pan melt butter and olive oil. Fry chicken in oil
on both sides lightly, but do not brown. Add mushrooms, tomatoes, garlic,
and wine. Cover and cook slowly until chicken is done, about an hour. This
may also be done in oven, after chicken is lightly fried, adding other
ingredients on top of chicken and baking at 350 degrees for about thirty
to
forty-five minutes. At the end, just before serving, add slices of
Provolone cheese on top of chicken and cook one minute until cheese is
melted. Serve with mashed potatoes or polenta.
----------
Monitor Miniatures
News from the Federation Family
NFB Jernigan Institute Helps Santa Answer His Mail:
Santa Claus has made the staff at the National Federation of the
Blind
Jernigan Institute honorary elves. He has asked us to help him send
letters
in Braille to very young blind boys and girls (those under the age of ten)
in the United States.
Between November 12 and December 14, parents can go online at
https://nfb.org/santa-letters and fill out a Santa Braille Letter request
form. The form can also be printed and faxed to 410-685-2340. Beginning
December 3, the Braille letters from Santa will start going out to boys
and
girls around the country. The Braille letter will also be accompanied by a
print copy (for mom and dad to read) as well as some other fun
Christmastime activities.
The deadline for letter requests is December 14 to ensure that a
return letter in Braille is received before Christmas. For more
information, please visit our website at https://nfb.org.
Nationwide BRAL Contest:
The Second Annual Nationwide BRAL Contest is here!
The National Federation of the Blind of Illinois (NFBI), in
partnership with the NFB Jernigan Institute and the American Action Fund
for Blind Children and Adults, announces the second annual Nationwide
Braille Readers Are Leaders (BRAL) Contest for kids. Students must be K-12
and must reside in a state registered for the contest. Entrants compete to
read the most Braille pages, going against other students in similar
grades
across all participating states.
The contest runs for seven weeks, encouraging students to be proud
of
their Braille-reading ability and to work to improve their Braille skills-
while possibly winning prizes in the process.
All blind or visually impaired children in a participating state are
eligible to enter the contest. However, an NFB affiliate in a state needs
to submit an entrance fee to the NFBI to become a participating state.
Those desiring to register their child for the Nationwide BRAL Contest
need
to be sure their state is a participating state. Contact your state
affiliate president or the contest administrator as described below if you
have questions.
. For each student who enters, a certifying official (parent, teacher,
etc.) must fill out and submit a registration form. This can be done
as early as November 1, 2018, and as late as January 19, 2019.
. Kids enter in one of five grade categories: K-1, 2-3, 4-5, 6-8, and
9-
12.
. Participants record Braille pages read between December 1, 2018, and
January 19, 2019, on a reading log.
. The certifying official must submit the completed reading log form
by
February 2, 2019.
. Prizes in each grade category are: first, $25; second, $15; third,
$10.
. Every contestant, whether a winner or not, will receive a gift bag
of
Braille-related items at the end of the contest.
. See below to get the complete contest rules, registration form, and
the reading log form.
. Both the registration form and the reading log form can be submitted
by email as attachments to Deborah Stein at dkent5817 at att.net.
Please put Nationwide BRAL plus the contestant's name in the subject
line. Alternatively, you can mail to: Deborah Stein, 5817 N. Nina Ave.,
Chicago, IL 60631.
In addition to awards in the five grade categories, the Kelly Doty
Award is given to a student who has met unusual challenges in order to
learn and read Braille. Such challenges include, but are not limited to,
having other disabilities in addition to blindness or being an English
language learner.
If you have questions, email the contest administrator, Deborah
Stein, at dkent5817 at att.net (please put "Nationwide BRAL Question" in the
subject line) or by phone at 773-203-1394.
Elected:
The NFB of North Dakota held its 2018 convention in Fargo, North
Dakota, at the Holiday Inn Fargo during the weekend of September 7 to 8
with National Representative Joe Ruffalo. The following members were
elected to serve the affiliate: president, Milton Ota; vice
president/treasurer, Jesse Shirek; secretary, Sherry Shirek. Two board
positions were filled: for a two-year term, Josh Biddle was elected; and
for a one-year term the convention elected Richard Early. Congratulations
to all who have assumed these positions, and thank you for carrying
forward
the positive work of the National Federation of the Blind.
In Brief
Notices and information in this section may be of interest to
Monitor
readers. We are not responsible for the accuracy of the information; we
have edited only for space and clarity.
eCarroll Technology Instruction:
The Carroll Center for the Blind is now providing computer
instruction to individuals who cannot physically travel to a training
center. eCarroll Technology Instruction brings technology training
directly
to blind and visually impaired individuals in the comfort of their own
homes. Using Zoom meetings, an easy-to-use and accessible video and web-
conferencing software, expert instructors offer individualized instruction
in a wide range of areas: from the nuances of different web browsers to
using pivot tables in Microsoft Excel. For a limited time, sign up now for
a free thirty-minute lesson. To learn more about eCarroll Technology
Instruction, view course details here: http://carroll.org/technology-
services/ecarroll/.
Jim Debus of the Paralympic Sports Club of Columbus sent us this news:
Blind Soccer is coming to the United States, and we are particularly
in search of totally blind athletes interested in starting up teams in
their local communities. Although all visual classifications are
encouraged
to participate, Five Aside Football/Blind Soccer is played only at its
highest level, the Paralympic Games, by athletes meeting the B1 visual
requirement. We recently conducted a demonstration for over one hundred
students at ten state schools as part of an athletic conference meet with
the goal of planting a seed of interest in the young men and women in
attendance. At present the only school for the blind offering the sport is
Maryland School for the Blind with the only adult team practicing out of
Columbus, Ohio. We would like to find participants willing to travel to
Columbus in November for a development camp where they will train for a
competition in San Luis Potosi, Mexico, on December 2nd through 10th. This
will be the first representation of a United States team taking part in
international competition. We are currently in need of between four and
six
totally blind B1 classification players and one sighted or partially
sighted goalkeeper.
Anyone interested in attending the November camp should contact Jim
Debus at 586-876-7359. or via email at blindrecoutreach at gmail.com. We
would
encourage the members of the National Federation of the Blind to show
their
pride by Like/Following and Sharing our social media pages on Facebook,
Ohio Blind Soccer-Five Aside Football; Twitter at Ohio Blind Soccer,
#ohioBlind; and our website www.ohioblindsoccer.weebly.com. Let's make a
difference and put blind soccer on the map here in the United States!
----------
NFB Pledge
I pledge to participate actively in the efforts of the National
Federation of the Blind to achieve equality, opportunity, and security for
the blind; to support the policies and programs of the Federation; and to
abide by its constitution.
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