[nfbmi-talk] Fw: ADA Question

Wed Oct 29 18:21:11 UTC 2014

They know they aren't accessable to the blind. Wonderful ADA Compliance officer.
----- Original Message ----- 
From: Elan Nichols 
To: 'joe harcz Comcast' 
Sent: Thursday, March 06, 2014 2:37 PM
Subject: FW: ADA Question

Here is the correspondence you requested, between DTMB (Ms. Martin), Ms. Ellis, and myself:

From: Elan Nichols [mailto:enichols at ccj-mi.org] 
Sent: Monday, March 03, 2014 11:58 AM
Subject: RE: ADA Question

Ms. Ellis and Ms. Martin:  Thanks for your inquiry.  My administrative complaint with DHS, the Michigan Department of Civil Rights, and Michigan Department of Community Health relates only to DHS webpages.

In my mediation with DHS (and I believe elsewhere), I laid out some information needed to disprove my client's position that the DHS webpages are not in compliance with federal ADA law.  I see that the information on the State of Michigan website concerning accessibility for the disabled, according to DTMB, has been recently upgraded as of December 2013.  

I also recall hearing a radio program in which you Ms. Ellis  were interviewed concerning the State's recent upgrades to comply with the ADA.  I understand that the State and you Ms. Ellis have been publicizing these advances at least last fall.  Perhaps you have a press release in this regard with some detail that would enlighten me?  (Again, I am just interested in website upgrades to comply with the ADA - for DHS, but to the extent it overlaps with other State websites, I would be happy to review additional information.)

In any event, some more specific information that I have requested, and other information that may be relevant, includes, but is not limited to:  

-        The process engaged in over the past 2 years by the State/DHS to make DHS's webpages more accessible to the visually impaired to comply with the ADA, including the nature and dates of each stage of the process, whether the process is complete, and if not, what is left to do in the future in the process.

-        Whether individuals with a range of visual disabilities from limited vision to total blindness were involved in developing, implementing, or testing accessibility upgrades, and if so, when, how, and what their involvement was.

-        Whether individuals with a range of access to computer program technology were involved in developing, implementing, or testing accessibility upgrades, and if so, when, how, what their involvement was, and what ranges of technology were employed.

-        Any certification or similar accomplishment as to accessibility to the visually impaired that the State/DHS have obtained from any independent government or technology authority concerning the DHS webpages.

-        Whether a self-evaluation of ADA website compliance has ever been conducted, and if so, I would like a copy of the most recent one.

-        Whether there has ever been a federal government "audit" of ADA compliance of DHS's webpages, and the results of the most recent such audit.

-        If it isn't otherwise published on DTMB's website, the accessibility technology standard or authority the State/DHS claims to now adhere to for its webpages.

-        Whether plain text or html computer programming is part of the accessibility upgrades to DHS's webpages, and if so, an estimate or range of how many of the pages have such programming.

-        Whether, in the past year and for the future, regular testing of accessibility to the visually impaired has been done and is planned, and if so, how often, what type of testing, and whether the testers and evaluators have a range of visual disabilities.

Given that I am not as educated in computer technology as the two of you, if you can think of something else that would help me but I am not quite verbalizing, please share if you are able.

As to Mr. Harcz's continued inability to access DHS website information, we will have to work with DHS on that, so if there is any assistance you can provide in speeding up that endeavor, we would appreciate it.

Thank you again for discussing this matter with me.

Elan

*PLEASE NOTE new contact information:

Ms. Elan Stavros Nichols

Staff Attorney

Center for Civil Justice

436 S. Saginaw St. - Suite 400

Flint, MI  48205

(810) 244-8044; (800) 724-7441

Fax (810) 244-5550

www.ccj-mi.org

NOTICE:  This message (and any attachments hereto) is confidential, intended only for the named recipient(s), and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message is strictly prohibited.  If you receive this message in error, or are not the named recipient(s), please notify the sender at the above e-mail address, delete this e-mail from your computer, and destroy any copies in any form immediately.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. 

From: Ellis, Sharon 

Sent: Tuesday, February 25, 2014 12:24 PM
To: Elan Nichols
Cc: Martin, Ellen 
Subject: RE: ADA Question

Ms. Nichols:

I hope you will forgive me for my confusion, but are we still talking about an issue specific to DHS or are your concerns of a more global nature with all of the State of Michigan websites?  I want to be very clear about what we are discussing.

You state ". I do not yet have the technical information on the website upgrades from DTMB or elsewhere (which I have requested)."

For us to assist you, we must know exactly what sort of technical information you seek.

You should know the State makes 'website upgrades' on virtually an hourly basis, so we need for you to be quite specific about the information you need.  In other words, what exactly do you want to know about our recent upgrades?

Please tell us what you mean quite precisely: hardware?  Servers?  Software?  Content?  Please define "recent."  For example, content changes can be made daily and can, depending on the site, be made hourly or even more frequently.

If you will please do your best to ask specific questions, we will do our best to give you specific answers. 

If there is still some type of website task Mr. Harcz is still unable to accomplish, please be specific about what that task is and the issues in trying to accomplish it, so we can do our best to address it as well.

I'm hopeful we will be able to resolve your questions satisfactorily.  We appreciate your patience.

Sincerely,

S

Sharon Alston Ellis, J.D.

State ADA Compliance Director

Michigan Dept. of Technology, Management & Budget

We can achieve extraordinary things

only if we aspire

beyond traditional thinking.

The old unbelievable must become

the new achievable.

                    --Gov. Rick Snyder 

From: Elan Nichols [mailto:enichols at ccj-mi.org] 
Sent: Monday, February 24, 2014 1:57 PM

Subject: RE: ADA Question

Ms. Ellis and Ms. Martin:

Thank you for your reply Ms. Ellis.  I do want to make one item clear and then reiterate my original request for more technical information from DTMB.

               First, unreasonableness is a legal or factual question, and I do not yet have the technical information on the website upgrades from DTMB or elsewhere (which I have requested) sufficient to form a final opinion on that.  As another example, much of the visually impaired (and other disabled) public does not have access to computers or screen reading technology at all, and Braille format is an acceptable method of primary communication that the State of Michigan, including DHS, DTMB and all state departments, would have to provide.  If suspect that providing the inaccessible information in Braille format would be difficult for you as well.

In short, I need you to explain to me the computer programming differences of JAWS 6.2 and the current version that would preclude access to the state website.  Further, as the trial current version of JAWS you propose is just that, a trial, that is not a longterm solution (and the operation system upgrade is also out of reach to my client due to the expense).  The state also has the duty to communicate with all its citizens, even those who are low income (which unfortunately many disabled persons are) and cannot afford technology or its upgrades.  In any event, part of what I need explained to me also is how the articulated standard of plain text and html - which as I understand it are accessible using any kind of screen reader, old or new version - fits into the state's recent website accessibility upgrades.

Finally, Ms. Ellis and Ms. Martin, please let me know, as I requested below, whether there are DTMB individuals or others I can meet with to discuss the specifics of the state's recent website accessibility upgrades and standards.  As Ms. Ellis is aware, this was and is the subject of an administrative complaint with DHS and with the state Department of Civil Rights.  Thank you.

Elan

*PLEASE NOTE new contact information:

Ms. Elan Stavros Nichols

Staff Attorney

Center for Civil Justice

436 S. Saginaw St. - Suite 400

Flint, MI  48205

(810) 244-8044; (800) 724-7441

Fax (810) 244-5550

www.ccj-mi.org

NOTICE:  This message (and any attachments hereto) is confidential, intended only for the named recipient(s), and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message is strictly prohibited.  If you receive this message in error, or are not the named recipient(s), please notify the sender at the above e-mail address, delete this e-mail from your computer, and destroy any copies in any form immediately.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. 

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