[NFBMO] Our chance to get regulations making the ADA meaningful in 2023

Thu Sep 28 16:36:41 UTC 2023

Very well written, personal examples and relevance. Exceptionally well done, Gary. 
  ----- Original Message ----- 
  From: Gary Wunder via NFBMO 
  To: 'NFB of Missouri Mailing List' 
  Cc: Gary Wunder 
  Sent: Thursday, September 28, 2023 11:03 AM
  Subject: [NFBMO] Our chance to get regulations making the ADA meaningful in 2023

  Here is the response I wrote based on the comments the NFB submitted and the request forwarded to us from Kyle Walls and our Advocacy and Policy Team.

  3910 Tropical Lane

  Columbia, MO 65202-6205

  Dear Sir or Madam:

  I write as a result of RIN 1190-AA79, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities. I worked for thirty-one years as a computer programmer. At first almost everything I dealt with came in print. Thankfully, things became more electronic, and I could use the interactivity of a computer terminal, the blessing of email, and to a more limited extent the vast resources available to most people on the World Wide Web. 

  I believe it is high time for the World Wide Web to become as accessible as we expect new buildings to be. The inability to efficiently use websites cost me a demotion from project manager to senior programmer analyst, not because I didn't know the data that needed to be filled in but because the fields meeting information were not properly labeled and sometimes the buttons to submit the forms were not identified at all. One of the places that I worked used web technology to fill out a timesheet; since I was a salaried employee, its function was not so much to decide what to pay me but to decide how I was spending my work week. Even this website was inaccessible, meaning that I had to turn to my manager and asked that he transcribe what I was able to write into a word processing document the information needed by management and ask my boss to put it in a form acceptable to the company. He liked me but considered this an undue burden; in his opinion, it would not have been an undue burden for the company to fix the form but was a continuing demand he didn't need. It was also a reminder to him that, no matter how valuable I might be, my blindness was relevant to his workload, which made seeing me as an equal contributor more difficult. 

  The rehabilitation program is founded on some very sound principles, those being that it costs less to train people and put them to work than it does to keep them on social welfare programs. Success relies on a blind person working hard, getting good training, and then having the opportunity to succeed. The third element of this process is highly dependent on the stance of the federal government and whether it considers accessibility a nice thing to do or an essential thing to do. Nowhere does the Americans with Disabilities Act say that we should do what it requires because it is a nice or a charitable thing. It says it should be done because blind and otherwise disabled people are valuable and can bring tremendous value in our economic struggle with the rest of the world.

  Please say yes to meaningful regulations and no to exceptions that will keep us forever dependent on the goodwill of charity and the unpredictability of a safety net that can either help us or tie using knots, depending on how it is written and interpreted. We have the opportunity as citizens of the United States of America to design inclusively or to write off a large portion of our population who have traditionally been seen as takers rather than givers. The exceptions that you allow to pass through will determine whether this continues or whether these regulations will in fact advance opportunities for blind people.

  Please be bold; please look at technological advances as something that should be shared in expanding the opportunities for all. Passing these exceptions will sideline people and make takers of would-be givers. If you believe that America's success in the world depends on being competitive with it, you must see that we design and implement technology that eradicates barriers rather than creating them.

  If I can help with more information, please contact me.

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  From: NFBNet-Members-List nfbnet-members-list-bounces at nfbnet.org On Behalf Of Walls, Kyle via NFBNet-Members-List
  Sent: Wednesday, September 27, 2023 3:42 PM
  To: nfbnet-members-list at nfbnet.org
  Subject: [Nfbnet-members-list] Regulatory Alert: September 27, 2023 - Website Accessibility

  Dear Federation Family:

  As many of you likely know, on August 4, due in large part to the advocacy of the National Federation of the Blind, the United States Department of Justice (DOJ) published a notice of proposed rulemaking (NPRM) regarding ADA Title II website and mobile app accessibility regulations. After thirteen years of waiting we were pleased to see the Department of Justice release this long-anticipated proposed rule. However, the introduction of seven new exceptions to the proposed accessibility standard, which go far beyond the current defenses of undue burden and fundamental alteration, was gravely concerning. 

  The National Federation of the Blind submitted our official comments on September 19, but we believe the Department of Justice needs to hear from as many blind Americans as possible to fully understand how detrimental this proposed rule will be for the nation's blind. That's why we're urging you to submit your own response to the NPRM. Include a story about how you, or someone you know, was negatively affected by an inaccessible state or local government-maintained website (this includes any website for the state or local government, public school, public college or university, city/county/state parks, public pool, public community centers, etc.). A suggested template for your response is: 

  "I am writing in regard to RIN 1190-AA79, Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities. 

  [TELL YOUR PERSONAL STORY ABOUT STATE/LOCAL GOVERNMENT WEBSITE INACCESSIBILITY]

  If the proposed rule is published as is, with the seven new exceptions, I may not be able to access vital information about my community or education. It is almost certain that I will not be able to access government programs and services. Therefore, I oppose any rule that may be published containing any exceptions to accessibility other than the current defenses of undue burden and fundamental alteration that were codified in the original Americans with Disabilities Act." 

  You can post your comments to the DOJ by visiting https://www.regulations.gov/commenton/DOJ-CRT-2023-0007-0001. That is a link directly to the comment page for the Title II website NPRM. Once there, you will have to enter your comment in the text box then select that you are an individual, which will bring up a place for you to enter your first and last name. Then you can click "Submit." No other information is required. One suggestion is to formulate your comments ahead of time in a word processor program, then simply cut and paste them into the text box on the comment submission page. For those wanting to submit longer comments, the system also offers the opportunity to upload documents in docx, pdf, txt, rtf, and several other formats. 

  Comments are due prior to midnight Eastern time on Tuesday, October 3, 2023.

  If you have any questions, please contact me at kwalls at nfb.org. Thank you for all that you do.

  Be great!

  Kyle Walls

  Research and Regulatory Specialist

  200 East Wells Street, Baltimore, MD 21230

  410-659-9314, extension 2223 | kwalls at nfb.org 

  The National Federation of the Blind is a community of members and friends who believe in the hopes and dreams of the nation's blind. Every day we work together to help blind people live the lives they want. 

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