[NFBofSC] FW: [Brl-monitor] The Braille Monitor, March 2023
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Steve Cook
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National Association of Guide Dog Users Board Member
President of the Computer Science & Technology Division of the National
Federation of the Blind of SC
1st Vice President of the Columbia chapter of the National Federation of the
Blind of SC
1st Vice President of the SC Association of Guide Dog Users Division
From: brl-monitor-bounces at nfbcal.org <brl-monitor-bounces at nfbcal.org> On
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Subject: [Brl-monitor] The Braille Monitor, March 2023
The Braille Monitor, March 2023
BRAILLE MONITOR
Vol. 66, No. 3 March 2023
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 <mailto: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
<http://Facebook.com/nationalfederationoftheblind>
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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 <mailto: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
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
© 2022 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.
[PHOTO/CAPTION: Hilton Americas-Houston Convention Center Hotel]
Convention Bulletin 2023
There are plenty of reasons one might travel to Houston, Texas, the fourth
most populous city in the United States. The city’s vibrant arts scene
boasts the largest concentration of theater seats outside of New York City.
And no Houston resident would let a visitor forget that the city is home to
the 2022 World Series Champion Houston Astros. There is little question that
Houston has a great deal going for it. The city’s real draw, however, is
that it will play host to the National Federation of the Blind’s 2023
National Convention.
It has now been more than fifty years since the largest gathering of the
organized blind last convened in Houston, Texas, and our return in 2023 will
be an event not to be missed. The Hilton Americas-Houston hotel (1600 Lamar
Street, Houston, TX 77010) will serve as our convention headquarters hotel.
Situated in the heart of downtown Houston across the street from the
beautiful twelve-acre Discovery Green Park, the Hilton Americas is an ideal
location for our annual event. Ballrooms, breakout space, and sleeping rooms
are all stacked in the same tower housed on a single city block, simplifying
navigation and minimizing travel distances. In-room internet is
complimentary to all attendees as is access to the health club and swimming
pool on the 22nd floor. There are several dining options on the hotel’s
lobby level (including a Starbucks for those of you requiring a caffeine
fix) and many more choices within easy walking distance from the Hilton’s
front door.
The nightly rate at the Hilton Americas-Houston is $119 for singles,
doubles, triples, and quads. In addition, the sales tax rate is 8.25
percent, and the hotel occupancy tax rate is 17 percent. To book your room
for the 2023 convention, call 1-800-236-2905 after January 1 and ask for the
“NFB Convention” block. For each room, the hotel will take a deposit of the
first night’s room rate and taxes and will require a credit card or a
personal check. If you use a credit card, the deposit will be charged
against your card immediately. If a reservation is cancelled before
Thursday, June 1, 2023, half of the deposit will be returned. Otherwise
refunds will not be made.
We have also secured overflow space at the wonderful Marriott Marquis
Houston. The Marriott is only a three-block walk directly across Discovery
Green, or attendees can walk entirely indoors through the George R. Brown
Convention Center, connecting both hotels on the second level. You will find
many of the same amenities at the Marriott as well as a Texas-shaped lazy
river pool. The room rate at the Marriott Marquis is also $119 per night for
singles, doubles, triples, and quads. To book a room, call 1-877-622-3056
after January 1. Again, ask for the “NFB Convention” block. Similarly, the
same deposit and cancellation policies apply.
The 2023 convention of the National Federation of the Blind will be a truly
exciting and memorable event, with an unparalleled program and rededication
to the goals and work of our movement. A wide range of seminars for parents
of blind children, technology enthusiasts, job seekers, and other groups
will kick the week off on Saturday, July 1. Convention registration and
registration packet pick-up will also open on Saturday. Breakout sessions
continue on Sunday along with committee meetings. Monday, July 3, will kick
off with the annual meeting, open to all, of the Board of Directors of the
National Federation of the Blind. National division meetings will follow the
board meeting that afternoon and evening. General convention sessions will
begin on Tuesday, July 4, and continue through the afternoon of Thursday,
July 6. Convention ends on a high note with the banquet Thursday evening so
be sure to pack your fancy clothes. The fall of the gavel at the close of
banquet will signal convention’s adjournment.
Remember that, as usual, we need door prizes from state affiliates, local
chapters, and individuals. Once again, prizes should be small in size but
large in value. Cash, of course, is always appropriate and welcome. As a
rule, we ask that prizes of all kinds have a value of at least $25 and not
include alcohol. Drawings will occur steadily throughout the convention
sessions, and you can anticipate a Texas-sized grand prize to be drawn at
the banquet. You may bring door prizes with you to convention or send them
in advance to the National Federation of the Blind of Texas at 1600 E
Highway 6, Suite 215, Alvin, TX 77511.
The best collection of exhibits featuring new technology; meetings of our
special interest groups, committees, and divisions; the most stimulating and
provocative program items of any meeting of the blind in the world; the
chance to renew friendships in our Federation family; and the unparalleled
opportunity to be where the real action is and where decisions are being
made—all of these mean you will not want to miss being a part of the 2023
National Convention. To assure yourself a room in the headquarters hotel at
convention rates, make your reservations early. We plan to see you in
Houston in July.
Vol. 66, No. 3 March 2023
Contents
Illustration: Science, Technology, Engineering, and Mathematics are for
Blind People Too!
Reunion and Recommitment: The Blind Return to Washington, DC
by Gary Wunder
The Significance of the Washington Seminar 2023
by Mark Riccobono
Legislative Agenda of Blind Americans, Priorities for the 118th Congress,
First Session
Websites and Software Applications Accessibility Act
Blind Americans Return to Work Act
Medical Device Nonvisual Accessibility Act
Celebration of Life: Scott C. LaBarre
Remarks by Anahit LaBarre
Remarks by Alan Olson
Remarks by Mark Riccobono
Remarks by Judy Perry Martinez
Remarks by Daniel F. Goldstein
Remarks by Marc Maurer
Remarks by Pam Allen
Remarks by Francis Gurry
Remarks by Maryanne Diamond
Remarks by Julie Reiskin
State of Colorado Proclamation
Science, Technology, Engineering, and Mathematics are for Blind People Too!
>From the Editor: As I write biographies for our leaders and consider my own
education, I'm saddened by how much energy we too often have put into
avoiding science and math courses. Sometimes it was because we were told
these fields were beyond us, and enforcing this was the difficulty in
getting the books used by sighted STEM students. But the beauty of this is
that the world is changing, and blind people are beginning to demonstrate
that science, technology, engineering, and mathematics are not beyond us and
that many of us can flourish in jobs that result from this education. Part
of this positive change is that the National Federation of the Blind has run
a program called STEM2U, encouraging education and work in these fields for
nearly two decades. Traditionally we have brought students to our Jernigan
Institute for training, and now we are expanding this work to our
affiliates.
These pictures show some of the activities that demonstrate the nonvisual
alternative techniques we use to make what are normally visual observations:
[PHOTO CAPTION]: Laura Pitner and Lauren Altman show off the parachute they
assembled. One of them holds the parachute up, while the other sits at the
table in front of them which is covered with various project materials.
[PHOTO CAPTION]: Hands building a geometric moon base made of toothpicks and
playdough.
[PHOTO CAPTION]: Tamika Williams draws on a Sensational BlackBoard.
[PHOTO CAPTION]: Teachers Justin Harford and Jenny Carmack work with a
balloon and string (the string is attached to a chair). The point is to show
how a rocket works given action and reaction.
PHOTO CAPTION: Gary Wunder]
Reunion and Recommitment: The Blind Return to Washington, DC
by Gary Wunder
Since 1973 the National Federation of the Blind has been traveling to
Washington, DC, so that the lawmakers of our land will understand who the
blind are, what we’re doing, and all of this leading to progress and
first-class citizenship. In 2021 and 2022 we came to DC virtually, but in
2023 we were back in our hundreds to speak as the voice of the nation’s
blind, to show how representative democracy works in our organization, and
to encourage it to work in the United States of America.
Our meetings began on January 30, 2022, and they featured a lively student
seminar, a job fair with sixteen employers and more than fifty jobseekers, a
training session in the afternoon to become familiar with our issues, and
the highlight of the day, our Great Gathering-In which began at 5:00 p.m.
Eastern time. That meeting was kicked off with a keynote presentation by
President Riccobono, and his remarks immediately follow this article.
Stephanie Cascone is our director of communications, and for the first time
she addressed the Washington Seminar live. She wanted those who gathered
in-person and through Zoom to know that we have generated several public
service announcements that are now available for download and distribution.
The PSA played for the group was about changes in vision, and those
in-person reacted with enthusiasm.
Again this year the seminar was active on social media and used the tag
#nfbindc. Anyone can read what was shared using the hashtag, and we are also
encouraged to share our stories about the need for the legislation we are
supporting at stories at nfb.org <mailto:stories at nfb.org> . As Stephanie said,
“We firmly believe that more stories make more progress.”
For many years the coordinator of our Washington Seminar Team was Diane
McGeorge. Her successor is Buna Dahal, and she was invited to the microphone
to discuss seminar logistics and Team 275, the newly renamed crew who
previously ran the Mercury Room. Buna has been attending these seminars
since 1995 and is an active participant in Washington State and in any other
place we need her. She gave a shoutout to all of those who help in the
logistics, from the national staff to the volunteers that make things flow
smoothly. She reminded us that the Washington Seminar is just one way that
we change lives so that people like her can say that they truly are living
the lives they want.
The day that we held this event marked the nineteenth anniversary of the
opening of the Jernigan Institute. That opening represented a significant
commitment on our part, and we met it. Another commitment looms, that being
to create the Museum of the Blind People’s Movement. Because we have a story
to tell and many stories that are yet to be written, we need both a physical
place and a virtual place to tell them. Very soon we will be asking members
to make pledges and donations to building something that not only tells our
story but demonstrates the ultimate in accessibility. Whether that means
making things physically touchable in our museum or virtually accessible on
the Internet, we have the knowledge, the desire, and the commitment to make
it happen. All members of our National Board of Directors have made
contributions, they have been joined by our executive staff, and our Nevada
affiliate made a $50,000 pledge with a challenge to all other affiliates.
Accepting that challenge is the National Federation of the Blind of Utah,
the National Federation of the Blind of Maryland, the National Federation of
the Blind of Minnesota, and the National Federation of the Blind of
Illinois. Although we have a long way to go, currently we have raised $2.1
million.
Anil Lewis is our director of blindness initiatives, having come to the
staff after serving as a state president in Georgia and on the National
Board of Directors. He began by asking the group how many would classify
themselves as Make America Great Again advocates. A fair number applauded.
He asked how many people in the room subscribed to the slogan “Build Back
Better.” Again, a large segment of the room responded. He suggests that our
goal is not to Make America Great Again but to Make America Greater.
Similarly, he believes that our goal is not to Build Back Better. Instead,
we will Build a Better America. Both of these things we will do with the
full participation of the blind.
Our programs are designed to help individuals and at the same time to
address the systemic problems that have created difficulty and limited our
opportunity. As Americans, we are not broken sighted people; instead, we are
a part of the population who has of necessity developed a skill set designed
for problem-solving and creating success. Conveying this message is not
limited to our trip to DC; it is why we exist. By tapping our inner
resources, we make our country stronger and more resilient.
A man with many titles was the next person invited to the microphone.
Everette Bacon is the chairman of our Jacob Bolotin Award Committee, the
president of the National Federation of the Blind of Utah, and the corporate
secretary of the National Federation of the Blind. He talked about the Dr.
Jacob Bolotin Award and encouraged all of us to nominate individuals and
organizations worthy of recognition, prestige, and the money that comes with
being granted this award. The application can be found on the NFB website at
https://nfb.org/programs-services/scholarships-and-awards/dr-jacob-bolotin-a
wards/application-information, and those with questions can write to
bolotinaward at nfb.org <mailto:bolotinaward at nfb.org> .
Our next presenter was first elected to the senate by the citizens of
Maryland in November of 2016. Senator Van Hollen is now serving in his
second term, and his commitment to seeing that everyone receives a quality
education and then has a good shot at a job is one we share. He is known for
introducing bipartisan legislation and working across the aisle, and one of
his most notable accomplishments was the passage of the ABLE Act.
In his remarks, Senator Van Hollen noted that he is a cosponsor of the
Accessible Technology Affordability Act and believes deeply that the
assistive technology that exists must be widely deployed, and that means
making it more affordable to blind people. "I've been in the Congress long
enough to know that if you are not pushing year after year, you will never
break down the door. Do not grow weary; it is fine to be frustrated at the
pace of progress, but never give up, because when we pass legislation, it is
the result of people pushing for a very, very long time." Senator Van Hollen
continues to press for the full funding of the Individuals with Disabilities
Education Act. He believes that the federal government did the right thing
in the 1970s when it mandated that everyone in the country have access to an
equal education. Where it has failed is that it has never funded these
programs to the extent that it committed it would, meeting only about a
third of its obligation. He continues to sponsor the Aim High Act so blind
students can learn in accessible and inclusive environments. He said, “In
terms of unemployment, we know that every American should have the
opportunity to participate fully in our workforce, and we also know that
blind people faced too many barriers in finding and retaining good paying
jobs. We need to make sure we push employers in the right direction to
encourage them, but one of the things we should not allow are subminimum
wages. This practice is unacceptable. Everyone here knows that it needs to
change, and I am proud that in my state of Maryland, the home to the NFB, we
became the second state in the country to eliminate those minimum wages in
2020.”
“I was very proud to be the prime Democratic author in the House of
Representatives for the ABLE Act. The ABLE Act, as you know, has allowed
families to put away funds to support their loved ones.” Recently
legislation has been adopted to change this age from twenty-six to
forty-six. “We want to make sure that more people who are blind and more
people with other disabilities who are over the age of twenty-six can still
benefit from these ABLE accounts."
"I know that with your help we will succeed in achieving these important
goals because what brings us together is making sure we fulfill the promise
of America, which is the promise of equal rights and equal justice and equal
opportunity. Throughout many different parts of our society, we have known
that we’ve been traveling a long road. We've made progress, but we also
know—and you are here in the nation's capital because we have a long way to
go—we have a long journey still ahead to make good on those promises in so
many parts of our country and so many parts of our laws. Your voice
matters!”
John Paré next came to address the Great Gathering-In. He is excited enough
about this once again in-person Washington Seminar that he tells almost
everyone he knows. This year some of his closest friends have been
cautioning him not to expect too much, keeping in mind the divisions in
Congress and the difficulty those divisions will pose for us as we try to
encourage the passage of good legislation. As is his nature, John
courteously acknowledges their advice, but in his head and heart he knows
that tough odds are often faced by the National Federation of the Blind as
we go about making changes in society. He remembers how daunting the task of
getting quiet cars to make sound was. At the outset, no one supported the
effort. But through our persistence, government and industry came together
to craft a law that makes our streets safer for blind pedestrians. He also
remembers the uphill battle to gain passage of the Marrakesh Treaty and the
advice of powerful people in and outside government that said getting a
treaty that would involve changing the copyright act would be almost
impossible. We changed the act, we got the treaty, and reasonableness and
persistence prevailed over the gloomy predictions about our efforts.
The long and the short of things is that we are here to advocate and
educate, realizing that this is an ongoing process and vowing that we will
not stop until it is done.
Summaries of the bills followed, and fact sheets are found elsewhere in this
issue.
Denise Avant was next recognized in her capacity as the co-chair of the
Membership Committee. She acknowledged her co-chair, Tarik Williams, and the
member of the national staff directly supporting the committee’s efforts,
Danielle McCann. Last year we onboarded 496 new members, and the cheer from
new members attending their first Washington Seminar was very moving.
We have been reaching out to other organizations as a part of our work to
address the intersecting characteristics of our members, and with us was the
president of the National Organization of Women, Christian Nunes. Coming to
understand our intersecting characteristics is in part an internal process,
but part of our work is reaching out to other organizations and letting them
know about our efforts along with encouraging them to make similar ones.
Ryan Strunk was not able to be present but did join us electronically. He
explained our Preauthorized Contribution (PAC) Plan. He said that people who
want to get on the PAC Plan can do it by going to nfb.org/pac
<https://nfb.org/pac> or can call 877-632-2722.
Patti Chang briefly addressed the crowd about the Dream Makers Circle, our
way of giving to the Federation when we have passed. Although this is an
uncomfortable subject, it certainly is our way of seeing to the future of
the National Federation of the Blind, and those interested in participating
can talk with Patty by dialing her at 410-659-9314, extension 2422, or by
writing to her at pchang at nfb.org <mailto:pchang at nfb.org> .
Our National Association of Blind Students was introduced and provided
information about the wonderful auction items that were available and a
meeting that would take place later in the evening. Our Great Gathering-In
meeting concluded with an upbeat announcement about doughnuts available on
the following day thanks to the DC affiliate. On adjournment, those present
went off to find dinner, strategize for the week to come, and role-play to
be better prepared to address the issues before our nation's leaders.
At 5:30 p.m. on Tuesday evening, February 1, we held a congressional
reception in the Kennedy Caucus Room, one of the most prestigious meeting
spaces offered by the United States Senate. The senator responsible for
helping us get this room is also a major proponent for eliminating the
payment of subminimum wages for people with disabilities, and, most
importantly, he has made a commitment to listen to the concerns of people
with disabilities. Senator Bob Casey began by thanking us for the advocacy
we are doing during the 2023 Washington Seminar but he stressed that the
work we do year in and year out to advance the rights of all people with
disabilities is equally important. He began by reviewing progress made in
the last Congress, the passage of the ABLE Age Adjustment Act being first on
his list of significant accomplishments. It is expected that this bill will
affect six million people, one million of them being veterans. Also passed
was the Twenty-First Century Assistive Technology Act to increase funding
for state programs that provide access to assistive technology. The third
major accomplishment he highlighted was the extension of the Money Follows
the Person and The Spousal Impoverishment Protection Act. The former
increases the ability of a disabled Medicaid recipient to live where they
wish and still receive support from Medicaid.
In terms of where we go next, phasing out the payment of subminimum wages
must continue to be a priority. This is why the senator supports the
Transformation to Competitive Integrated Employment Act. This bill will
ensure that people with disabilities can work in integrated work settings
and be paid at least the minimum wage while at the same time continuing to
receive the support they need in order to be independent. Senator Casey
concluded his presentation by saying, "I know that when we get support
across one party or both, it happens because of the good work that has been
done by the people in this room. So I thank you for that. I ask you to keep
helping us on these issues because your voice not only matters, your voice
is not only relevant, your voice is not only persuasive, but it is what is
crucial when it comes to getting support across the aisle for all of these
issues."
President Riccobono took the opportunity to thank the autonomous company
vehicle developer Cruise for their sponsorship of this reception. This
company is committed to developing vehicles guided by technology that will
help blind people achieve a level of independence we have never had before.
The last person to speak was Representative Marion Miller Meeks. While most
of her work has focused on prevention of blindness, an effort we support,
she assured us that she would be supporting us as we made what she viewed as
a challenge in courage to come to Washington, DC. President Riccobono
commended the representative for her work on prevention of blindness and
vision restoration and asked that she join us in helping people who are
blind to live the lives we want.
In the last formal meeting all of us held together on Wednesday evening, the
crowd was enthusiastic in their reports about the response we got from
Congress. It was clear that we got many direct visits with members, and
whether it was from members or their influential staff, the clear message
was that Congress was impressed by our visit, supportive of our issues, and
one with us in our philosophical approach to what government's position
regarding blindness should be. Many gave us good reason to believe that they
will support our proposals once they have had a chance to review the
language and when it has bill numbers attached to it.
Before the week was out, we had more than 450 in-person meetings and a
goodly number that were held virtually. Although Congress has doubts about
how much it will accomplish given the current mood and configuration of the
bodies, we were applauded by representatives and senators of each party for
crafting what they believe to be nonpartisan legislation. The consensus from
the Congress seems to be that they are impressed with the kind of reform our
proposals will bring to government, our philosophical orientation to
incentivize work, our demand that we be given free access to the goods and
services offered to our fellow citizens, and by the very fact that we came
to see them in their offices. Their concluding message was we want to do
right by you and see that some of this finds its way into the statutes of
our country. Our message is that we will do everything we can to make their
wish our country’s reality.
----------
[PHOTO CAPTION: Mark Riccobono speaking at the 2023 Great Gathering-In.]
The Significance of the Washington Seminar 2023
by Mark Riccobono
>From the Editor: This was the keynote address given to begin our 2023 Great
Gathering-In at 5 p.m. eastern time to one crowded ballroom and one overflow
room connected using closed circuit television. Here are the remarks given
by our President:
In November of 1940, the National Federation of the Blind was founded to
provide the blind with a vehicle for collective action on a nationwide
basis. In his call to action for the new organization, Jacobus tenBroek, the
first President of the National Federation of the Blind and an emerging
thought leader on the United States Constitution, declared: “Individually,
we are scattered, ineffective, and inarticulate, subject alike to the
oppression of the social worker and the arrogance of the governmental
administrator. Collectively, we are the masters of our own future and the
successful guardian of our own common interests.”
Since that time, we have continually worked to have the voice of the
nation’s blind respected and our desire for full participation understood in
the halls of power in Washington, DC. In the fall of 1973, we held the first
of our annual large scale March on Washington events, and we have come back
every year: everyday blind people bringing their daily lived experience,
their future aspirations, and their commitment to participating fully in
strengthening the country we are proud to share; a nation where blindness is
not the characteristic that defines us or our future; a nation where we are
not held back by the low expectations and artificial barriers that today
stand in our way. Year after year we have carried our own agenda to
Washington, and we have positively changed America.
We have shown up in the most difficult of circumstances, knowing that our
equal protections under the law and our equality of opportunity are too
important to wait for an uncertain future. Action is required today.
In 2021 the occupants of the halls of power were not gathered in Washington.
Social distancing protocols and advice from the so-called experts told us to
wait until another time. But we have been told to wait before: told to wait
for someone else to do it for us; told to wait until things work for others,
then they will make them accessible to us; told that we should be grateful
for what little we have, rather than dreaming of a bigger tomorrow. Since
1940 we have refused to wait, choosing instead to find ways to make our
voice heard. In response to the suggestion that we wait, we innovated a
large-scale Zoom on Washington—hundreds of meetings skillfully coordinated,
hosted, and followed through by the blind of America. While we did not
gather in person in 2021 or 2022, our voice was heard by the lawmakers of
our nation.
Now our nation welcomes the new 118th Congress to Washington, and a familiar
voice rises again to say, "We're back!” The organized blind is united, back
together in-person, and equipped to continue building our future and
protecting our common interests.
We arrive in Washington standing on a foundation of achievement built by
those who came before us. Since we were last in-person at this gathering, we
have lost some of the most significant blind leaders of the past fifty
years. We stand here tonight because they showed up time after time after
time and would not wait. With deepest gratitude, we hold the bond of faith
they shared with us and continue our march. Their spirit calls us forward.
Their love fills us with determination. Their legacy is our action this
week.
We come to build a future where websites and mobile applications are built
for all of us fully to participate in education, public information, and
commerce. We come to guard against being denied the opportunity to manage
our own care and that of our loved ones because of medical devices that are
incorrectly built to require vision to be effectively used. We come to
dismantle the outdated rules of the Social Security Disability Insurance
program which place blind people at risk of economic hardship as we seek
advancement in our careers. These are only three of our most pressing
priorities; there is more we intend to build. Furthermore, while we are
focused on educating the United States Congress this week, we intend to use
all of the tools of advancement available to us.
We have organized in every state, in Puerto Rico, and in the District of
Columbia to have a nationwide network of blind people creating opportunities
for ourselves. We will be in the local city halls and state legislatures to
eliminate the barriers and educate the public about our capacities. We will
be in every community, demonstrating the techniques we use to successfully
live the lives we want as blind people. We will be bringing educational
efforts to blind youth in partnership with our teachers of tomorrow so that
the next generation of blind innovators can share that bond with us and
reach even higher than we have ever imagined. We will assist blind job
seekers when they encounter inaccessible job application processes and
discriminatory and arbitrary criteria that declare vision is a requirement
for success. We will raise the quality of life enjoyed by blind seniors by
teaching them that their changing vision does not change the fullness of
their participation in the world. And, to secure all of this, we will
advance the right of blind people to have an accessible, private, and
independently fillable ballot in elections—whether we choose to vote
in-person or in our homes. Let this be heard by any elected official who
stands between blind people and our dreams—a vote against our future
opportunities secures our votes for other leaders who believe in the blind
of America.
Our work this week is concentrated in Washington, DC, but our building
happens in every community across this nation every week of the year. While
it feels like so many people in our society are divided, the blind are
unified in our agenda and committed to the future we want for ourselves. We
come back to our in-person Washington Seminar knowing more deeply than ever
before that we are stronger together.
This is our march for opportunity. This is our dedication to smashing the
artificial barriers. This is our salute to the blind who made it possible
for us to be where we are today. This is our bond of hope for a future full
of opportunities. This is the significance of the Washington Seminar.
----------
Legislative Agenda of Blind Americans
Priorities for the 118th Congress, First Session
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 we want.
* Websites and Software Applications Accessibility Act
Websites are required by law to be accessible, but without implementing
regulations most businesses and retailers have little understanding of what
accessible means. The Websites and Software Applications Accessibility Act
will end website and software application inaccessibility for blind
Americans.
* Blind Americans Return to Work Act
Current Social Security law contains a policy that has the unintended
consequence of discouraging blind Americans from maximizing their earnings
potential. The Blind Americans Return to Work Act will eliminate the Social
Security Disability Insurance earnings cliff and create a true work
incentive for blind Americans.
* Medical Device Nonvisual Accessibility Act
Inaccessible digital interfaces prevent blind individuals from independently
and safely operating medical devices that are essential to their daily
healthcare needs. The Medical Device Nonvisual Accessibility Act will end
unequal access to medical devices for blind Americans.
These priorities will remove obstacles to website access, independent
living, and maximizing earning potential.
We urge congress to support our legislative initiatives.
----------
Websites and Software Applications Accessibility Act
Issue—Websites are required by law to be accessible, but without
implementing regulations most businesses and retailers have little
understanding of what accessible means.
Websites and mobile applications are an essential part of modern living.
More than 307 million Americans use the internet, and 81 percent of
Americans say that they access the internet at least once each day. That
means that nearly the entire country is accessing websites and mobile
applications every day. However, the need to access websites and mobile
applications doesn’t stop when it reaches Americans with disabilities.
According to the American Community Survey, conducted by the United States
Census Bureau, there are approximately 41 million Americans who currently
have a disability. This means that millions of disabled Americans are using
websites and mobile applications.
The Department of Justice announced its intention to publish accessible
website regulations more than a decade ago. On July 26, 2010, the twentieth
anniversary of the passage of the Americans with Disabilities Act (ADA), the
government published an advance notice of proposed rulemaking to address
website accessibility. After that initial announcement, the Department of
Justice failed to publish a notice of proposed rulemaking, and by extension,
final regulations. Without these final regulations in place, blind and
disabled Americans face significant difficulty in electronically accessing
businesses, applying for jobs, or working due to the barrier of website
inaccessibility.
The past few years have seen a significant increase in the prevalence of
so-called “click-by” lawsuits. Many businesses are required by law to make
their websites accessible but claim to have no clear-cut definition of what
“accessible” actually means. Meanwhile, people with disabilities must cope
with inaccessible websites. ADA Title III lawsuits, which include website
accessibility suits, hit record numbers in 2019, topping 11,000 for the
first time. The number of lawsuits has been increasing steadily since 2013,
when the figure was first tracked. Businesses yearn for a clear definition
of website accessibility and to be able to expand their potential customer
pool to consumers they were not reaching before.
Solution—Websites and Software Applications Accessibility Act will:
Direct the Department of Justice (DOJ) and Equal Employment Opportunity
Commission (EEOC) to promulgate accessibility regulations. The DOJ and EEOC
will have twelve months following the enactment of the legislation to issue
a notice of proposed rulemaking regarding website and mobile application
accessibility, then an additional twelve months to issue the final rule.
Establish a comprehensive statutory definition for “accessibility.” A
comprehensive and clear-cut definition of “accessibility” will end any
confusion regarding the requirements that covered entities and commercial
providers need to meet.
Establish a technical assistance center to provide technical assistance to
covered entities, commercial providers, and individuals with disabilities.
The technical assistance centers aid in the construction, development,
design, alteration, and modification of websites in accordance with the
rules. The Attorney General, the Commission, the Secretary of Education will
award a grant program to a qualified technical assistance provider to
support the development, establishment, and procurement of accessible
websites and applications.
Ensure that accessibility regulations keep pace with new and emerging
technologies. A periodic review of the regulations is required and the DOJ
and EEOC are required to update the regulations if necessary.
GOAL—END WEBSITE AND SOFTWARE APPLICATION INACCESSIBILITY FOR BLIND
AMERICANS.
Cosponsor the Websites and Software Applications Accessibility Act.
To cosponsor the Websites and Software Applications Accessibility Act in the
Senate, contact:
Stephanie DeLuca, Legislative Assistant for Senator Duckworth (D-IL)
Phone: 202-224-2854/ Email: stephanie_deluca at duckworth.senate.gov
<mailto:stephanie_deluca at duckworth.senate.gov>
To cosponsor the Websites and Software Applications Accessibility Act in the
House, contact:
Katie Teleky, Legislative Director for Representative Sarbanes (D-MD)
Phone: 202-225-4016/ Email: kathleen.teleky at mail.house.gov
<mailto:kathleen.teleky at mail.house.gov>
For more information, contact:
Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind
Phone: 410-659-9314, extension 2206
Email: jkaloc at nfb.org <mailto:jkaloc at nfb.org>
----------
Blind Americans Return to Work Act
Issue—Current Social Security law contains a policy that has the unintended
consequence of discouraging blind Americans from maximizing their earnings
potential.
The Social Security Disability Insurance (SSDI) program has a built-in
“earnings cliff.” Title II of the Social Security Act provides that
disability benefits paid to blind beneficiaries are eliminated if the
beneficiary exceeds a monthly earnings limit. This earnings limit, often
called the “earnings cliff,” is in effect a penalty imposed on blind
Americans when they work. For example, the earnings limit in 2023 for a
blind person is $2,460 per month. If a blind individual earns more than that
threshold, even by just one dollar, they are engaged in substantial gainful
activity (SGA). Under the current law, any individual engaged in SGA is not
entitled to any SSDI benefits. This means that if a blind person earns just
one dollar over the earnings limit, all benefits are lost.
The earnings cliff has the unintended consequence of creating an incentive
for blind people to remain unemployed or underemployed, despite their desire
to work. In a 2018 survey, National Industries for the Blind (NIB) found
that 21 percent of respondents from thirty-four of their non-profit
associations had turned down a raise or promotion to retain their SSDI
benefits. The survey also found that 37 percent of respondents had turned
down additional hours or even asked to reduce their hours in order to retain
their SSDI benefits. Blind Americans who are willing and capable to work are
intentionally limiting themselves in order to keep from suddenly losing all
of their SSDI benefits.
The current work incentive in the form of the trial work period is
needlessly complicated and counterintuitive. Under the current SSDI program,
if a blind worker wants to try and earn more money they will likely trigger
a nine-month trial work period. These nine months do not have to be
consecutive, but instead are any nine months during a rolling sixty month
period in which the worker earned more than a certain amount (for 2023 this
amount is $1,050 per month). When all of those nine months are exhausted,
the worker is once again subject to the earnings cliff if they cross the SGA
threshold. This is supposed to act as an incentive for blind recipients to
determine if they are ready to work, but the complexity of the rules makes
it easier to just ignore the process altogether. Additionally, 80 percent of
respondents to NIB’s 2018 survey said they did not have access to coaching
or guidance on federal benefits.
Solution—Blind Americans Return to Work Act will:
Eliminate the earnings cliff by instituting a two-for-one phase-out of
earnings over the SGA limit. For every two dollars a blind worker earns
above the SGA threshold, their benefits amount will be reduced by one
dollar.
Create a true work incentive for SSDI recipients. With a phase-out model,
blind workers will always be better off striving to earn as much as
possible, which will facilitate the transition of those workers from the
SSDI system as benefits are gradually reduced. With this model, blind
Americans will never lose by working. As an added benefit, fewer workers
earning SSDI benefits and instead paying into the Social Security Trust Fund
means a more balanced Trust Fund in time.
Simplify the SSDI system by eliminating the trial work period and grace
period, making the rules more compatible with the Supplemental Security
Income (SSI) program. Under the proposed system, the SSDI program will
become less complicated. With both programs using similar rules, there will
be less confusion, and the incentive for blind people to return to work will
be consistent and clear.
GOAL—ELIMINATE THE SSDI EARNINGS CLIFF AND CREATE A TRUE WORK INCENTIVE FOR
BLIND AMERICANS.
Sponsor the Blind Americans Return to Work Act.
For more information, contact:
Justin Young, Government Affairs Specialist, National Federation of the
Blind
Phone: 410-659-9314, extension 2210
Email: jyoung at nfb.org <mailto:jyoung at nfb.org> or visit www.nfb.org
<http://www.nfb.org>
----------
Medical Device Nonvisual Accessibility Act
Issue—Inaccessible digital interfaces prevent blind individuals from
independently and safely operating medical devices that are essential to
their daily healthcare needs.
Medical devices with a digital interface are becoming more prevalent and
less accessible for blind Americans. The rapid proliferation of advanced
technology is undeniable. Most new models of medical devices, such as
glucose and blood pressure monitors, along with the emergence of in-home
devices that offer medical care options, such as chemotherapy treatments and
dialysis, require consumers to interact with digital displays or other
interfaces. This new technology is constantly being developed and deployed
without nonvisual accessibility as an integral part of the design phase,
which creates a modern-day barrier. The inaccessibility of these medical
devices is not a mere inconvenience; when accessibility for blind consumers
is omitted from the medical technology landscape, the health, safety, and
independence of blind Americans are in imminent danger.
Telehealth currently makes up 20 percent of all medical visits, and more
healthcare providers are looking to expand telemedicine services. The
National Center for Health Statistics also reported in 2021 that 37 percent
of all adults used telehealth. Unfortunately, these visits assume that a
person has easy access to accessible medical devices to take their own vital
signs. As a result of inaccessibility, blind and low-vision Americans are at
a distinct disadvantage when it comes to receiving the same virtual
healthcare as their sighted counterparts.
Nonvisual access is achievable, as demonstrated by several mainstream
products. Apple has incorporated VoiceOver (a screen reading function) into
all of its products, making iPhones, Macbooks and Mac desktops, and iPads
fully accessible to blind people right out of the box. Virtually all ATMs
manufactured in the United States are accessible, and every polling place is
required to have a nonvisually accessible voting machine. Frequently, a
simple audio output or tactile feature can make a product accessible at
little to no additional cost for manufacturers.
Current disability laws are not able to keep up with advancements due to the
expeditious evolution of medical technology and its incorporation into
medical devices. Although the Americans with Disabilities Act and other laws
require physical accessibility for people with disabilities (e.g.,
wheelchair ramps, Braille in public buildings), no laws protect a blind
consumer’s right to access medical devices. The National Council on
Disability concluded that accessibility standards lag behind the rapid pace
of technology, which can interfere with technology access. This trend of
inaccessibility will continue if accessibility solutions are ignored. Only a
fraction of medical device manufacturers have incorporated nonvisual access
standards into their product design, while others continue to resist these
solutions.
Solution—Medical Device Nonvisual Accessibility Act:
Calls on the Food and Drug Administration (FDA) to promulgate nonvisual
accessibility regulations for Class II and Class III medical devices. The
FDA will consult with stakeholders with disabilities and manufacturers and
issue a notice of proposed rulemaking no later than twelve months after the
date of enactment of the act. No later than twenty-four months after the
date of enactment of the act, the FDA will publish the final rule including
the nonvisual accessibility requirements.
Requires manufacturers of Class II and Class III medical devices to make
their products nonvisually accessible. Manufacturers will have twelve months
following the publication of the final rule to ensure that all the Class II
and Class III medical devices they produce are nonvisually accessible.
Authorizes the FDA to enforce the nonvisual access requirements for Class II
and Class III medical devices. Any manufactured device found to be out of
compliance, whether by a public complaint to the FDA or by an independent
FDA investigation, will be considered an adulterated product under the
Federal Food, Drug, and Cosmetic Act. Manufacturers may file for an
exemption for one of two reasons: clear and convincing evidence that making
the medical device nonvisually accessible would fundamentally alter the use
of the product; or proof that modifying the medical device would create an
undue burden for the company.
GOAL—END UNEQUAL ACCESS TO MEDICAL DEVICES FOR BLIND AMERICANS.
Sponsor the Medical Device Nonvisual Accessibility Act.
For more information, contact:
Justin Young, Government Affairs Specialist, National Federation of the
Blind
Phone: 410-659-9314, extension 2210
Email: jyoung at nfb.org <mailto:jyoung at nfb.org> or visit www.nfb.org
<http://www.nfb.org>
----------
[PHOTO CAPTION: Scott LaBarre]
[PHOTO CAPTION: Scott (seated on left) and other NFB members during a
meeting with Senator David Durenberger of Minnesota in 1987.]
Celebration of Life: Scott C. LaBarre
July 2, 1968 – December 10, 2022
>From the Editor: This was the program given to each attendee whether
in-person or online. Not all of the remarks presented at the memorial have
been captured here, but it would be a significant omission not to recognize
the work of Kevan Worley who served as the master of ceremonies. One might
think that this would be no big deal for someone as skilled in public
presentation as he. On the contrary, this was very difficult given the
friendship that existed between Scott and Kevan, both clearly identifying
the other as his best friend. Kevan’s balance of sincerity, humor, moving
the program along, respecting the right of each person to say what they
needed to say, and offering a flattering comment about each was remarkable
to observe and speaks well of the emotion, intellect, and heart of the man
charged with conducting the program.
Program
Scott Charles LaBarre was a dynamic, dedicated, and diligent man whose life
was characterized by gentleness, kindness, love, and a passion that resulted
in hard work, initiative, and a determination to make the world better in
every place he touched. There was nothing we asked of him that he did not
tackle willingly and with enthusiasm. When we asked him to lead, he served
as the affiliate president in Colorado from 2005 until 2021. When we asked
him to use his skills to extend our rights through his knowledge of the law,
again he answered, eventually becoming the National Federation of the
Blind’s chief counsel and making a name for himself not only among blind
people but among colleagues who also practice in the legal profession.
His work has made more books available to blind Americans and to blind
citizens around the world. He has made the world a safer place to travel
because of his work to make quiet cars audible. His love and passion have
taught us all how to be generous and giving and to consider it an honor to
be a giver. In the Jacob Bolotin Award he received in 2014, we recognize
that Scott’s contributions are not measured in steps but in miles, and the
bar is one he has set by example that stretches us all and allows us to
reach beyond where we were to where we dream to be.
Celebration of the Life and Legacy
Order of Service
Master of ceremonies: Kevan Worley
Prayer: Mary Ellen Jernigan
Remembrances:
* Mark A. Riccobono, President, National Federation of the Blind
* Dianne Primavera, Lieutenant Governor, Colorado
* Julie Deden, Executive Director, Colorado Center for the Blind
* Julie Reiskin, Executive Director, Colorado Cross-Disability
Coalition
* Jessie Danielson, State Senator, Colorado
* Alan Olson, Thirty-Year Friend of Scotty
* Maryanne Diamond, Past President and Representative to the Marrakesh
Diplomatic Conference, World Blind Union
* Francis Gurry, Former Director General, World Intellectual Property
Organization
* Daniel Goldstein, Founding Partner, Brown Goldstein & Levy
* Judy Perry Martinez, Past President, American Bar Association
Musical interlude: Stray Dog
Remembrances, continued:
* Pam Allen, First-Vice President, National Federation of the Blind
* Marc Maurer, Immediate Past President, National Federation of the
Blind
* Jessica Beecham, President, National Federation of the Blind of
Colorado
* Anahit LaBarre, Wife of Scott
Musical interlude: Cherry Creek High School Meistersingers
Final thoughts: Kevan Worley
Moment of silent benediction
Exiting remarks: Mary Ellen Jernigan
Program continued:
A Life of Spirit, Service, and Strength
Scott C. LaBarre has made his place in history as a giant among those in
search of civil rights for blind people as well as among those who pursue
justice for all who receive less than they are due. He was the general
counsel to the National Federation of the Blind and managed a
multi-million-dollar legal advocacy program. Because of him, applicants can
use assistive technology as an accommodation on the multistate bar
examination and can pursue a doctor of chiropractic degree with their
desired accommodations. More systemic in nature were his victories in
employment law, disability rights, and international policy work,
particularly in the area of copyright law. There he was a primary advocate
for an amendment to the Copyright Act, allowing materials to be transcribed
for use by the blind without having to undergo the long and tedious process
of prior approval, which was the case prior to 1996. Extending this work, he
was instrumental in the drafting and adoption of the Marrakesh Treaty,
permitting the sharing of books in special formats among the blind and print
disabled of many countries.
Scott was permanently admitted to practice before the Supreme Court of the
United States; the United States Courts of Appeals for the Second, Seventh,
Eighth, Ninth, Tenth, and DC Circuits; the United States District Court for
the District of Colorado; the Supreme Court of Colorado; the United States
District Court for the District of Maryland; and the Maryland Court of
Appeals (Maryland’s highest court). He was named one of Colorado’s Super
Lawyers and Best Lawyers, distinctions recognizing the top five percent of
Colorado attorneys.
A role model for many, Scott understood the importance of serving in the
American Bar Association, believing that advancing his career must proceed
hand in hand with advancing his career field. He was a founding member of
the Disability Rights Bar Association and served on its Executive Board as
vice chair. He served a three-year term on the American Bar Association’s
Board of Governors, where he chaired the Member Services Committee and
served on the Board’s Executive Committee during his last year. Scott was
also active in the ABA's Solo, Small Firm, and General Practice Division,
holding a position on its governing council for several terms. He recently
became chair of the Division in August of 2022. ABA President Reginald
Turner asked him to serve on the ABA’s Standing Committee on Meetings and
Travel and the Steering Committee of ABA’s Practice Forward, a committee
appointed to examine the effects of the COVID-19 Pandemic on the practice of
law. Scott represented the Denver Bar Association as a delegate to the ABA’s
House of Delegates. And within the National Federation of the Blind, Scott
served as the president of the National Association of Blind Lawyers for
more than twenty years.
More impressive than his professional accomplishments are the things Scott
did for his family, biological and spiritual. He knew he was one of the
luckiest men alive when Anahit agreed to be his wife and lifelong partner.
Together they brought into the world and nurtured two souls who would mean
more to Scott than any hired or elected position. Being the finest father,
he could be was a commitment he strove to honor and uphold throughout his
life. He cheered on Alexander as he played baseball and was immensely proud
when he achieved the rank of Eagle Scout. Scott was enthusiastic in Karter’s
participation in the choir, on the basketball court, and in the theater
activities where set design became a major focus and may well become a
career. We dare not forget his beloved labradoodle, Mocha.
Scott loved the mechanics of flying, even when his life was made more
difficult as a blind consumer who would not be left alone by those intent on
learning where it was he was trying to go and telling him how slow and
deliberate he should be in getting there. He loved anything to do with space
and space travel and, when there was a launch or landing, he was often found
in front of a television set cheering on the activity in the same way he
would celebrate the victories of his favorite college and professional
sports teams.
This outstanding Federationist will always be remembered for his
distinguished service to the Colorado affiliate, the Colorado Center for the
Blind, and his long-standing and successful efforts to raise funds through
the NFB monthly donation program. Beyond his work, our love sprang from his
determination to make us laugh, feel better about ourselves, and to know
that we are appreciated and loved. Scott was one of the finest examples of
an integrated human we have ever known, and may his work and example propel
us not only to greater victories but to even greater successes as we strive
to live as full and balanced people.
Scott LaBarre Legacy
Scott worked tirelessly to build the National Federation of the Blind. If
you would like to contribute to further Scott’s legacy, please consider a
gift to the Museum of the Blind People’s Movement. The next frontier is to
change the nature of the broader public perception of blindness. America has
no cultural institution that centers the experience of blind individuals of
diverse backgrounds and celebrates how those people worked together to lift
each other up through centuries of misconceptions. It is no accident that
the blind have made progress in society, it has come through the sacrifice,
struggle, and generosity of blind people who have worked together to build
their own independence.
It is time for us to tell our story, Scott’s story, in order to dramatically
enhance the public understanding of blind people and our contributions
within society. Our legal and legislative victories are central to our
stories, and Scott’s work including the Marrakesh Treaty will be highlighted
in the museum. The museum is encouraging five-year pledges during this phase
of the campaign. Please contact Patti Chang for more information at
410-659-9314, extension 2422, or pchang at nfb.org <mailto:pchang at nfb.org> .
In addition to the museum campaign, the National Federation of the Blind
recently established the Scott C. LaBarre Leadership and Justice Fund. The
fund will support many things that were near and dear to Scott, such as our
advocacy work and our work around education. To give to the fund, visit
https://nfb.org/donate and indicate that your donation is in memory of
Scott.
Thank you to all who have already pledged to our museum or contributed to
the fund. Please join in creating a lasting legacy for Scott.
----------
[PHOTO CAPTION: A LaBarre family photo: Alexander, Scott, Anahit, and
Karter.]
Remarks by Anahit LaBarre
First of all, I want to say thank you to everyone who is here in person,
here virtually, and everyone who is present in spirit. I want to say a
special thanks to the Colorado Center for the Blind and the National
Federation of the Blind for the incredible job they have done putting this
event together to honor Scott and to honor his memory and to celebrate the
life that he lived, the accomplishments he has had, along with everyone who
has worked with him. It has been an incredible experience as far as how much
support we have gotten as a family throughout these difficult few months.
As I was thinking about what to say, the task was very difficult for me
because there is so much to say, and it’s hard to figure out how to narrow
this down to the three to five minutes that Kevan wanted this to be. [Her
tone of voice and the laughter that accompanied it indicated that three to
five minutes was not at all realistic.]
Scott loved quotes. Before there was a convention or a meeting of some sort,
he spent hours just going through different quotes trying to find just the
right one. So have I. I read a lot of quotes, but the one that caught my
attention was the following: “To do what you wanna do, to leave a mark—in a
way that you think is important and lasting—that's a life well-lived.” The
quotation is by Laurene Powell Jobs. I felt this quotation was so
appropriate for Scott because, even though his life was cut short, he has
left this world a better place. I cannot possibly tell you how many times he
mentioned to me, to our family, to anyone who would listen how important it
was for each of us to leave this world a better place than what we found. I
certainly think that he has accomplished that.
I do want to say though that none of it was done just by himself. Part of
what he enjoyed the most was the collaboration, working together, being a
part of something big, and he absolutely loved it. His dedication to the
National Federation of the Blind had no limits. He loved the organization,
he loved the people in it, and it was definitely his family.
Scott enjoyed tremendously being a part of the American Bar Association. He
treasured the friendships that that work brought to him, but he also really
loved the work that they did, the challenges that they got to face, and the
progress they made. Everything that Scott did he really treasured, so this
is his professional life.
We have heard from many colleagues, friends, and as all of them are
unanimous in saying, he was a very genuine person. You didn’t have to guess
where Scott stood on an issue or what his mood was like or any of that, and
I absolutely love that about Scott.
What I want to talk about gets me back to the quotation. “To do what you
want to do and to leave a mark” took on a completely different meaning when
Scott became a father. He loved being a dad. He was goofy when the kids were
little. He would come up with all kinds of stories with permanent characters
in them, and they had funny names. As someone said earlier, we did have a
tent in our living room, and that tent traveled all over the place. I’m
telling you that whoever made that tent deserves a medal, because even with
Scott and the kids in it, it rolled all over, and it never broke. It took
two years before it finally was disassembled. We also had a plastic car that
could be pushed around the house, and he pushed that car with the kids in it
so fast that it was like they were engaged in the race of a lifetime.
Not only did Scott love being a dad, but he loved showing the world to me as
well as to the kids. Every time there was an opportunity where there was a
meeting in an interesting place, he sincerely asked me to join him. We would
go to these places, and he was always so busy. He was in meetings or
negotiating something, but he’d always make sure to sit down and say, “Let’s
look up tourism opportunities. I’d love for the kids to learn about
history.” So it was that we learned about spaceships and all kinds of other
ships and history and architecture. He wanted to bring all of that to our
family, whether that was directly through him or through me.
Then there was another part where I stepped back and I said that he should
absolutely have at it because Scott loved water. He loved boats, and he
loved boats that went fast. I had to allow him to enjoy some time with the
kids on his own while I went to the coffee shop and enjoyed the good coffee.
“Do what you want to do and leave the mark you want.” That was a good motto
for Scott in everything that he did. He loved his sports teams, and I will
tell you that it was best for everyone not to be in close proximity when any
of the teams he was highly passionate about were playing because he took
things very seriously, win or lose.
Scott had yet another hobby; he loved anything connected with aerospace,
whether that was airplanes or space itself. You will probably be
hard-pressed to find anyone outside the profession who cared that deeply and
was as curious about space and airplanes as Scott was. He wanted to make
sure that it was interesting to everyone around him as well.
Sometimes we would review our subscription to cable channels, and I would
try to convince him to cut back on some of them. It turned out that was
nonnegotiable because part of the channel package that he wanted featured
the NASA channel. He would turn it on, and for those of you who have never
watched the NASA channel, it is not the most action-packed channel on the
planet. Not a whole lot goes on there, but he would turn it on, it would be
in the background, and I would forget about it. All of a sudden, as I would
go around doing my business, all of a sudden I would hear the astronauts
start communicating in my living room. I have to confess it startled me
every single time. Even after being startled, I would just have to laugh,
because I knew this was something that was very important to Scott, and he
was very passionate about it.
Another thing he absolutely loved, which you’ve heard many, many times here,
was music. He explored all different genres. Some of our neighbors are here,
and I apologize on behalf of our family, because I know many of them knew
when I was not home. We had outdoor speakers. Scott was very proud of these,
and when I got back home, I would find him on the back porch swing blasting
the music like there was no tomorrow and singing to it full force.
Everything Scott did he did with all his heart whether that was work or
singing or having fun.
Let’s come back to “To do what is important to you.” One of my favorite
things about Scott, one that I will treasure most, is how intellectual, full
of curiosity, and open our conversations were. Often dinnertime turned into
a debate, inquiry, or just a plain discussion. We all asked questions,
doubted, agreed, argued sometimes—but it was so powerful, loving, and full
of curiosity. I love that about our family.
Scott had this incredible sixth sense in him. I probably drove him crazy,
because whenever we were about to embark on a new journey, I would go to him
and ask, “does this feel right to you?” He tried so very hard to teach me
how to trust myself and how to listen to myself and how to know when
something is right. He tried very, very hard, and I hate to say that he
hasn’t succeeded completely.
This brings me to one of the last things I want to say. What he has taught
me is to be a part of a larger community, and especially in these last few
months, there is absolutely no way our family could have gotten through this
time without our communities, so many of them. There is our National
Federation of the Blind family, our biological family, our friends, our
neighbors. I just started a new job, and it is incredibly touching how
supportive the team is on my job. I want to thank every single person, and
while my heart wants to name everyone who has been deeply involved, I know I
will accidentally forget someone and then lose sleep over it. So here is
what I want to say: to every single one of you who called, sent a card,
brought dinner, held our hands, just listened, we thank you from the bottom
of our hearts.
I want to conclude what I say, Mark Riccobono, you and I think alike.
Actually this song came up twice already. And while I was listening to many,
many songs and trying to figure out which one to play for our wonderful
visitors who cannot be here in person and are on Zoom, I was also trying to
listen and find songs that I heard Scott play many times. It doesn’t matter
which songs I like, this is about Scott. I remind you that when he listened
to music, he didn’t just listen. One of the songs that kept coming up over
and over again was the song titled “One.” I mentioned earlier how deeply I
appreciated our conversations where we talked about ethics, human rights, so
many different things. So my point is that, although Scott really
appreciated the music that U2 did, he also appreciated how enthralled they
were with social justice and human rights. He told me many times how
important it was to him that not only did they sing and produce good music,
but they also cared about people. I did a lot of research in choosing this
song, and part of the reason is that it is so open to interpretation. The
song also reminds me of the community we are part of, so diverse, yet
somehow so complete and so right. What this song says is, “We are one, but
not the same. We get to carry each other.” I invite you all to continue the
work that Scott started. Diversity and acceptance were very important to
Scott, so let us embrace the diversity; let us embrace the fact that there
are conflicts. How do we look for resolution? Let us move forward and
embrace the one but not the same and the idea that we get to carry each
other. Thank you.
---------
Remarks by Alan Olson
>From the Editor: Alan is a thirty-year friend of Scott LaBarre. He is also a
lawyer who had the pleasure of working with Scott on several cases important
to blind people. Here, in large part, is what he said to the gathering:
I should tell you that I often referred to my friend as Scotty, and he
referred to me as AO. Usually, he did this musically using those dulcet
tones that were uniquely his. Sometimes I would hear him summoning me from
across the room singing those letters. This was a part of his wonderful
personality that we have all been so blessed to experience. It is what made
him unique.
I didn’t know it at the time, but the Saturday before the Saturday that
Scott passed away would be the last time I got to talk with him. I was so
fortunate to get to visit with him for almost two and a half hours. I tried
to remember what mom taught me early about having one mouth and two ears,
and for once I had the sense to follow her good advice, and I just listened.
Saturdays tended to be his Superman day with his regiment of drugs, so he
was boisterous and full of energy, and he was Scotty!
Some of the things I want to share with you tonight are the things he wanted
me to share. I grew up with Scott LaBarre in the American Bar Association as
did so many of our friends who are here in person and watching virtually. He
was like a brother, and we loved him. Whether we were working cases
together, brainstorming as co-counsel for example on Aaron Cannon’s
case—what a privilege it was to represent Aaron Cannon.
I want to share just one story with you about that. As many of you know,
Scott handled the oral argument before the Iowa Supreme Court in that case,
a case that you are all very familiar with that has made such a meaningful
and lasting difference since the Iowa Supreme Court had the courage to do
what it did. The Iowa Supreme Court each year chooses some cases, and I used
to call them the roadshow cases, the ones they would take out into the
community. The idea was to get out into the community throughout Iowa so
that it can see firsthand how the justice system works as evidenced by its
highest court. Our case was chosen for that, and we were down in Southeast
Iowa in an unusually large auditorium at a junior high school. One of the
neat aspects of these roadshows was that, after the oral arguments, which
were just as real as if they had been held where they are normally held, the
idea was to get together in the cafeteria in this instance for punch and
cookies and to really turn it into a more informal event. This would let the
community meet the Court and get to visit with them and ask questions of
them.
But it will come as no surprise to any of you that, after Scott delivered an
extraordinary oral argument to the Iowa Supreme Court, there was a break as
we transitioned to the cafeteria. What do you suppose happened? Normally
folks start lining up to meet the justices of the Iowa Supreme Court, but on
this cold evening, the Iowa Supreme Court lined up to meet Scotty. And then,
when they got done meeting Scotty, all the folks that normally line up to
meet the Iowa Supreme Court justices lined up— to meet Scotty! It was
extraordinary.
Many of you know the nature of that case. It was a case about Aaron, who had
been invited to join a chiropractic school and then about halfway through
was told that they couldn’t accommodate the rest of his education because it
was more clinical. I only share that because, after an inordinate amount of
time in that cafeteria, where people poured over the extraordinary person
who was Scott Charles LaBarre, we were among the last folks to walk out of
that junior high school long after most folks who came to watch and learn
about our justice system had exited. But I will never forget that when I
opened that door and we began to exit, there were all of those people
waiting for Scotty to come out so they could clap for him and for his cause.
I’ll never forget the first voice I heard when I emerged from those doors
and what he said: “I hope you kick their ass.”
But whether we were working on cases, snowmobiling together on different
snowmobiles through the national forest, whether we were being certified
together at the Land Rover driving school (and yes, Anahit has the proof—
that Scotty is a certified driver), or more recently celebrating Scotty’s
fiftieth birthday together at a U2 concert in Madison Square Garden, here is
what I know about my friend whom I loved and I miss. Scott LaBarre may have
lost his eyesight at age ten, but oh did he have vision: a vision for his
family, a vision for his friends and clients, a vision for his legal
profession and community, and a vision for a movement that is now
international in scope. Through his vision, Scott touched each of us in a
unique and most special way. But, because of Scott’s vision, we all can see
more clearly. We can see how our vision is the justification for our
existence. We can see how we can better navigate the challenges of the
realities of this side of heaven, and we can see how our own leadership is
about making others better through our example so that the impact of our
presence transcends our absence. How? Just like he did. Start where you are,
use what you have, do what you can! And if we do as Scott did, the
meaningful lasting and positive difference in the real lives of people we’ll
make will be seen by others. What Scott understood was that what others see
depends on what we show them. May Scott’s vision and his goodness continue
to inspire our own so that the positive impact we make is seen far and wide
and throughout time.
----------------
[PHOTO CAPTION: Mark Riccobono]
Remarks by Mark Riccobono
We gather together to celebrate a great man—a father, a friend, a leader, a
mentor, a trail blazer, and a blessing to us. It is said that a great man is
one who leaves others at a loss after he is gone. Scott LaBarre transcends
that level of greatness. While as individuals we will continue to feel lost
without his physical presence, he has left us with each other—a community
that can continue working together to spread the spirit and values that this
man shared with each of us.
Scott was challenged by going blind at age ten. But he did not accept the
popular message that blindness defined him; he recognized that he could
change the future. To quote one of Scott’s favorite artists, Bono, “Pop
music often tells you everything is OK, while rock music tells you that it's
not OK, but you can change it." Scott always had a greater affinity for rock
music, and the world is better off for it.
Despite the incredible program of speakers we have here today, we will only
begin to reveal the many dimensions of this great man, his impact, and the
spirit he generously shared with us. We must continue to share and celebrate
his story, using Scott’s example as motivation in our march together.
In 1986 the National Federation of the Blind made an investment in an
eighteen-year-old, assertive Minnesotan by awarding him one of our
prestigious national scholarships. That moment was the beginning of Scott’s
transformation into a generous, savvy, and unwavering leader of the
organized blind movement whose impact circled the globe and affected a
diverse set of communities. For nearly forty years, Scott volunteered
thousands of hours as a mentor, advocate, elected leader, committee chair,
fundraiser, skilled counselor, and dogged negotiator. In addition to his
extraordinary volunteer efforts, he dedicated his private legal practice to
the advancement of disability rights. As a blind lawyer, his practice was
particularly effective in advancing opportunities for the blind, and most
recently he served as the Federation’s general counsel—helping to coordinate
the most significant legal program impacting blind people anywhere in the
world.
He used any opportunity he had to build the organized blind movement. His
extraordinary efforts in the implementation of the Marrakesh Treaty, his
successful recruitment of hundreds of people with disabilities into the
American Bar Association community, and his intersecting work with other
organizations will all be shared by others on this program. He was rarely
quiet when doing that work—his booming voice was readily identifiable in any
crowd—but he did the work with humility, not seeking personal recognition
and always preferring to celebrate the effectiveness of collective action.
Yet he will always be most loved for the softer things he did—spending time
listening to the stories of blind people, teaching students at the Colorado
Center for the Blind, and helping people make connections with others in
pursuit of their individual dreams.
Our organization will forever be different because Scott LaBarre was a
leader in it. It will also not be the same without him going forward.
Scott’s legacy urges us to go forward, and fortunately we have hundreds of
members who Scott personally mentored to build on that legacy. We have
already taken the first steps. In recognition of the hope, love, and
determination that Scott poured into our movement, and in acknowledgment of
the outstanding impact of his leadership, the Federation’s Board of
Directors has established the Scott C. LaBarre Leadership and Justice Fund.
More personally, let me share my experience with Scott’s big heart. He was
the older brother I never had. We had a standing meeting every Tuesday
morning and, although it was not written in our notes, we always had an
agenda item of checking in on our families. His love for Anahit, Alex, and
Karter was unending. Fortunately for me, the LaBarre children are older than
my own, and his dad feedback has been invaluable. Scott was not afraid of
being genuine with his friends, and I will continue to treasure those
moments.
Our recent time together has largely been shared over Zoom from our
respective homes. Scott made certain that his voice was very present in the
virtual room—he got the best microphone he could find. The moments I liked
the best were those when the smallest LaBarre needed his attention. We would
be talking about some serious matter, and he would ask if I could give him a
minute or two. When he left his mic open, I could hear his big booming voice
rise a number of octaves as he joyfully called Mocha to go outside. This
always involved Scott giving her a lot of love before he returned to our
work. I love the contrast of our outstanding general counsel joyfully
sharing love with his dog. It expressed so simply the heart that drove
everything he did.
It was more than sharing in his love for the LaBarre family—he was also part
of my family. In a visit to our home in Baltimore, we could be having a very
serious conversation out on our rooftop deck, but, when one of the girls
inserted themselves into the mix, Scott stopped everything to engage with
them. He would play along with whatever silly scheme they had in mind. They
especially seemed to like the idea of pretending to jail the lawyer. They
started referring to him as Scott the Dot, and he loved it.
Scott was the reason I always made sure to have gin and tonic in my house.
One time I asked my daughter Oriana, who is here today, to ask Scott the Dot
if he would like another gin and tonic. Perhaps due to the carbonation in
tonic water, she cheerfully went to him and said, “Would you like another
glass of gas?” We have been enjoying glasses of gas together ever since,
although we expanded the definition to include any beverage that is chosen
for the occasion of sharing our hopes, fears, joys, or sorrows. I am certain
that in the Riccobono house we will forever offer each other glasses of gas
in salute to the man who offered us the spirit of his heart every time we
met, and we invite you to share in the tradition.
On behalf of the members of the National Federation of the Blind, I want to
thank the LaBarre family for sharing Scott with us. We know that it is
because of your generosity, sacrifice, and support of Scott that this
community has had the opportunity to connect with each other. It is your
love that was reflected in Scott and continues to be shared in this
community—a group that will continue to be here for you.
A number of times in his final hours, Scott said to Anahit, “Don’t let them
forget about disability rights.” We will not forget and, more importantly,
we will continue the mission. Let’s adopt a new rally call to that effort in
Scott’s honor as we move forward together. To take the lyrics from a U2
song:
One love, one blood
One life, you got to do what you should
One life, with each other
Sisters, brothers
One life but we're not the same
We get to carry each other, carry each other
One powerful life that has bound us together was Scott C. LaBarre. One life
full of love, and we come together to share both the love and the mission of
making the world better. One community built by the life achievements of one
great man: Let’s celebrate that life by carrying each other as we continue
building the future Scott imagined.
---------
Remarks by Judy Perry Martinez
>From the Editor: Judy Martinez was the 143rd president of the American Bar
Association, serving in that position in 2019-20, the year that commemorated
the 100th anniversary of the Nineteenth Amendment, which guarantees and
protects a woman’s right to vote. Here is what she had to say about Scott:
There are those lawyers whom the American Bar Association changes, and then
there are a few who change the American Bar Association. Scott LaBarre was
one of the latter. Scott not only made us think differently about disability
rights and individual dignity, but he made us think smarter on so many
levels, on so many fronts.
My friendship with Scott began many years ago when I was first enveloped in
his hardy and contagious laughter and his irreproachable humor. There was no
dueling with Scott on the wit front; we all know that. He met his victims
more than halfway coming and going. There was no one safe from the warmth of
his teasing or the genuinely sweet way (and I know Scott would scoff at that
description), but he was genuinely sweet yet strategic in how he made you
want to be his friend.
The descriptors that I often think about when I think about Scott as a
leader are representative, visionary, statesperson, public servant. Scott
was a lawyer servant, the kind of member of the legal profession that the
preamble of the American Bar Association’s Model Rules of Professional
Conduct speaks to and urges each of us lawyers to be. In that regard Scott
understood, probably more than most, that, as the preamble states, “lawyers
play a vital role in the preservation of society.” And it goes on to say,
“As public citizen, a lawyer should seek improvement of the law, access to
the legal system, the administration of justice, and the quality of service
rendered by the legal profession. All lawyers should devote professional
time and resources and use civic influence to ensure equal access to our
system of justice for all those who because of economic or social barriers
cannot afford or secure adequate legal counsel.” And devote Scott did. I was
privileged to observe the depth of Scott’s devotion when, in the same year
we served as presidents of two national Bar Associations, me with the ABA
and Scott as president of the National Association of Blind Lawyers. It was
around that table with all the other National Bar Association presidents
that I came to understand that Scott’s service was rooted the same as the
service of the most effective lawyer leaders. His service always had been
and always was rooted in doing good for others and the greater good, and was
never about himself. Scott was a lawyer’s lawyer, a leader’s leader, whether
it was his service on the ABA Board of Governors or its executive committee,
as chair of the ABA Commission on Disability Rights, or most recently as
chair of the Solo, Small Firm and General Practice Divisions. Scott made a
difference with his wise counsel, his tough decision-making, and his
collaborative approach.
But likely his greatest professional impact within the ABA was his service
and, perhaps better said, his courage, as he walked to the well of the ABA
House of Delegates on more than one occasion and educated his over six
hundred delegate/colleagues as to what a society that sets its values on the
cornerstone of equality really must demand of its people in government and
in everyday life. The delegates listened, and the House as a body adopted
the policies that Scott brought to us for consideration.
Scott made a home in the ABA, but then he did something else. He invited so
many other leaders to join him there, and for that the ABA will be always
richer for them.
As current ABA President Deborah Enix-Ross noted in the ABA Journal recently
upon Scott’s passing, “Scott was a top lawyer in the disability law arena,
but he was so much more.” It is the “so much more” that is what each of us
will remember when we think of Scott in the days, weeks, and months to come;
the “so much more” that Anahit and Karter and Craig and Deborah and Mr. and
Mrs. LaBarre can best understand; the “so much more” that made each of our
individual journeys all the richer for having had Scott in our lives.
We will miss him in the American Bar Association. We know you also will, and
we just hope that we will all live up to everything that Scott believed in,
what he worked for, and what he lived each day of his life in promise and in
purpose. Thank you.
----------
[PHOTO CAPTION: Dan Goldstein]
Remarks by Daniel F. Goldstein
My name is Dan Goldstein. Like Scott, I represented blind individuals at the
behest of the NFB. I apologize for not being with you in person. I am in
France where it is well past midnight.
How wonderful it was to have Scott LaBarre as your friend. When you ran into
him, his smile and hearty laugh could shake you from any mood you might be
in. And then you needed to have your feet planted squarely, because he would
begin to express his enthusiasm of the moment, picking you up and carrying
you along as though you were surfing a tidal wave. Warm, generous, open—all
of these characteristics were constants with Scott and made you look forward
to being with him. And you never had to guess with Scott—his honesty and
candor came without any calculation of the cost to him.
I know I am on the agenda to talk about Scott as a lawyer, but the qualities
that made him a lawyer of the highest order were his personal qualities.
There was no separation between Scott the person and Scott the professional.
I mentioned earlier Scott’s enthusiasm. His passion didn’t wane in the face
of obstacles and setbacks. It was coupled with a persistence and
determination that ensured that Scott would persevere for that client, no
matter how great the odds against success. Scott took many ADA job
discrimination cases—without question the hardest cases at which to succeed.
Many lawyers would shy away, not wanting to tackle cases where bias and
stereotypes can triumph over truth and justice. But Scott embraced those
clients, embraced their cases, and gave each one absolutely everything he
had—and that was a lot. Whether he won or lost or settled, every day Scott
did something to repair the world, and there are few who can say what we say
of him—the world is a better place because Scott LaBarre was on this earth.
And his legacy leaves us direction from where to go from here.
Judges and juries could trust and like Scott. Just as was true in his
interchanges outside the court, with Scott, what you saw was what you
got—and what you saw was a straightforward, thoughtful, smart, and humble
man. Let me say something about the humility, as it is a very rare
characteristic in trial lawyers. Scott knew he had a good mind, I am sure,
and was aware that he had a commanding voice. But he knew there were limits
to his knowledge—there was no arrogance to Scott. And to judges and juries,
as with the rest of us, I think there can be no more endearing quality,
except perhaps his kindness and gentleness.
Does it come through that I not only admired and respected Scott, but that I
loved him dearly?
When I would encounter Scott, be it at NFB headquarters or a conference, he
would wait for me to ask after Anahit, Alexander, and Karter, but that was
the end of his hesitation. Over the next fifteen minutes—his love for his
family, how proud he was of them—just shone out of him, and somehow you
ended up feeling embraced too. His family’s love was the source of his
strength. His family was his joy.
It seems to me that to approach lawyering as Scott did—with such openness
and such a determination to seek justice—takes not just great strength and
bravery, which he most certainly had, but also requires believing that the
world can be fair if we work hard to make it so. At times like this, at
least for me, the idea of fairness seems absurd, like some kind of horrible
bad joke. Yet if I wish to honor Scott’s memory, and I do, I owe it to Scott
and his family to kindle that belief in myself.
My life is richer for having had Scott as a friend. He called me a mentor,
but the truth is, he taught me lessons of great value. Thank you.
----------
[PHOTO CAPTION: Marc Maurer]
Remarks by Marc Maurer
Scott LaBarre was first—and always—a friend. He had many talents. He was
physically fit. He could pick up barbells weighing more than sixty pounds in
each hand and do with them whatever he wanted. He loved music, and he
explored many different genres. He traveled throughout the United States to
inspire others and to represent his clients, and he visited many other parts
of the world for the same reasons. His memory was prodigious, and he had an
excellent grasp of the law. He had a commanding voice and a talent for
oratory. He was a joyful human being and a fierce negotiator. His grasp of
politics was thorough, and he used his comprehension of the topic to
influence policy in Colorado, in the United States, and beyond our borders.
Along with all of these talents he had a warm and generous spirit. He was a
friend. He wanted to help. He gave of himself to do exactly that, and on
those rare occasions when he could not achieve his objectives, he felt
personal and profound pain.
The majority of human beings think of blindness as a medical matter, and
certainly when the process of losing vision is underway, it is important to
seek medical attention to prevent the loss of vision. However, when
blindness has come to a human being, and no medical attention will change
this, blindness is no longer medical but entirely something else. Those who
become blind have talent, but often this is not recognized. Consequently,
blind people are routinely prevented from full participation in the
activities that other people take for granted. Scott LaBarre got the
challenging assignment to change the comprehension of the legal community
with respect to blindness and disability. People with disabilities have a
right to full participation in society, but the judges rarely know this.
Many lawyers do not know about the talents of people who have
disabilities—the topic has never been considered seriously in their lives.
This is not astonishing because the notion that blind people are without
ability is fairly well entrenched in the thought processes of American
culture.
Judges rarely encounter people with disabilities. Scott was assigned the
task to change this. He served as part of the American Bar Association (at
least in part) to bring the reality of disability to lawyers—to help lawyers
comprehend that people with disabilities have talent and the right to use
that talent. He represented clients in court who possessed disabilities. If
judges haven't met competent people with disabilities, how can they escape
the prejudice? Furthermore, how can judges know if the lawyers don't? Teach
the lawyers, and the judges will know.
In the case of employment, the law says that an employee may not be denied
employment if that employee possesses the bona fide occupational
qualifications to do the work. Even if the person does possess these
qualifications, an employer may deny employment if it can demonstrate a
safety threat. The assertion of danger alone is not enough. There must be
evidence showing that something really is dangerous, not just a claim that
somebody is worried that it could be. Well over 90 percent of employment
cases brought on behalf of disabled workers are lost. Consequently, any
lawyer who brings an employment case faces an enormous challenge.
In 2011 the National Federation of the Blind sponsored a case of
discrimination on behalf of a blind employee, Frank Hohn, who had been fired
by his employer, Burlington Northern Santa Fe Railways, because they said he
was blind, and his blindness created a danger in the workplace. Scott
LaBarre did the legal work. After a trial that lasted seven days, the case
was lost. In the court of appeals, the case was lost once again.
The evidence in the case showed that Frank Hohn had been working for
Burlington Northern doing machinist repairs on locomotives for seven years.
He had an excellent safety record on the job. He did his work well and in a
timely manner. When the company discovered that he was blind, they fired
him.
No evidence came out at trial that his safety record was poor, that he had
been injured on the job, that anybody else had been injured on the job
because of him, or that his performance had created the likelihood of injury
on the job. However, three doctors who had never observed this employee
doing his work testified that it is unsafe for a blind person to do it, and
the jury believed the doctors. When it came to the court of appeals, the
judge who wrote the opinion said, “A reasonable jury could find that Hohn’s
vision impairments precluded him not only from performing the essential
functions safely, but from performing them at all.” Blindness alone can be
cited, according to this court, as a valid challenge to employment—at least
employment working to repair locomotives.
It is fair to presume that the judges who heard this case know relatively
little about repairing locomotives, less about blindness, and nothing at all
about how blind people repair locomotives. The same is undoubtedly true of
the jury. The members of the jury know about doctors, and much of the time
they trust them. However, although the doctors know something about diseases
of the eye, they know nothing about blindness and the talents of blind
people. This is not their area of knowledge and expertise. The conclusion is
inescapable—the decision in the trial court rested not on evidence but on
prejudice. Scott LaBarre managed this case, and he felt the loss deeply. He
knew that the decision was not based on evidence. He knew that the medical
model did not apply but that the judge had made him participate in a case
which was based upon the wrong standard. However, he also knew that the
enormous challenge to eliminate prejudice from the minds of the witnesses,
the judge, and the jury must be accepted. A case involving a blind employee
is, for many judges, a once-in-a-lifetime experience. If we refuse to
increase this number for the judges, they will never come to have the depth
of experience that gives them adequate background to make decisions fairly
based upon the evidence presented.
Scott LaBarre also had his joyful cases. Aaron Cannon is a blind person who
was accepted for matriculation at the Palmer College of Chiropractic in
Davenport, Iowa. After Aaron Cannon had paid his money, had participated in
classes, and had succeeded in meeting school requirements, the Palmer
College officials told him he wasn't really qualified. They said he did not
have "sufficient sense of vision," and they threw him out. After
negotiations failed, we brought an administrative complaint, which proceeded
through many layers of decision-making, but in 2010, we won. Palmer appealed
to court, and a judge decided that no blind person can become a
chiropractor. The evidence presented, that blind people all over the nation
are doing this job, made no difference to the judge. We proceeded to the
Iowa Supreme Court. The decision of the Supreme Court fills more than forty
pages. Some of the language of the decision is on point. It contains a
review of state and federal law regarding discrimination involving
disability. However, the dissenting opinions exhibit some of the most
obtuse, obnoxious, and prejudicial comments ever written about blindness.
Scott LaBarre served as our champion. Five of the seven judges on the court
declared that discrimination against the blind in colleges in the state of
Iowa will not be tolerated—Aaron Cannon can go to school. Furthermore, he
was awarded damages for the injuries he suffered. The reports of the case
tell us that Scott LaBarre's performance was stellar.
Then, there was the Marrakesh Treaty. Blind people have been battling to get
access to books for as long as anybody can remember. The World Blind Union,
which includes blind people from the United States, suggested that a treaty
be created to permit sharing of accessible reading matter for the blind
across country borders, but organizations representing copyright holders
objected. Senior officials in the Obama administration told members of the
National Federation of the Blind that a treaty could not be adopted.
Treaties, they said, take forever. Even if they are adopted by some kind of
diplomatic conference, it is virtually impossible to get them through the
Senate. They wanted us to accept what they called a "soft law" approach. But
we decided to seek full recognition under international law. Scott LaBarre
was our negotiator.
The diplomatic conference to address the question of creating a treaty to
permit written materials to be shared across country borders occurred in
Marrakesh, Morocco, in 2013. The plan was that the meeting would take place
in June. I was then serving as President of the National Federation of the
Blind, and the convention of the organization was to take place in early
July. Scott LaBarre told me to hold a place on the convention agenda to
discuss the treaty. I asked him if he was sure there would be one, to which
he responded, "Certainly." When he arrived in Marrakesh there were
thirty-seven unsolved problems facing adoption of the treaty. In less than
two weeks Scott and his colleagues had persuaded the delegates to accept
language solving all thirty-seven.
Within a few years the treaty came before the Foreign Relations Committee of
the Senate. At the hearing that occurred, the chairman of the committee said
that in a most unusual occurrence in Washington there was unanimity among
the committee members regarding the adoption of the treaty, and it was sent
forward to the Senate floor for ratification. Scott LaBarre served on the
Accessible Books Consortium, which has made 730,000 books available to the
blind to date which would not have been without his magnificent work.
Scott LaBarre's work to improve lives for human beings was enormous. All
that he did could not have been accomplished without his robust personality.
He was a friend; he wanted to give to others; he cared profoundly, deeply. I
enjoyed the interplay of his thoughts, the intricacy of his mind, his
insatiable curiosity. But I loved his heart and his indominable spirit. I am
joyful that he was my friend.
----------
[PHOTO CAPTION: Pam Allen]
Remarks by Pam Allen
Thank you! It is so humbling to be here today to share with you as we come
together to celebrate the impact Scott had and continues to have on each of
us. When I first connected with the National Federation of the Blind, I was
in college and was so eager to meet other blind students. I had so many
questions, and I was also excited about networking with others and learning
about the careers they were pursuing and the strategies they used. I had the
incredible experience of helping with organizing student chapters in several
states and attending Washington Seminar even before my first national
convention.
When I found what we then called the student division, I knew immediately
that I had found what I was looking for, and an integral piece of that was
Scott. As all of us know, Scott had a way of making an impression. When you
walked into a room, you immediately knew where Scott was—his booming voice,
his easy laugh, his ability to chime in on just about any topic with some
knowledge or opinion. He had a way of drawing people in and making everyone
feel needed.
Scott was great at delegating, and I remember that he found ways for me, who
was very new to the NFB, to get involved and feel like I had something to
contribute. And I know he did that for so many people here and who are
listening.
Later that year at my first national convention, I was elected to serve on
the student division board and had the chance over the next couple of years
to continue to learn from and work with Scott—whether it was helping with
more student chapter organizing or planning seminars featuring the Young and
the Skill-less skits or writing up articles for the Student Slate or staying
up to count poker chips after Monte Carlo nights to determine the big
winners or having a lively discussion about some philosophical issue at a
student gathering or what was the best U2 song or all of us dreaming about
what our futures would hold, Scott was always at the center of our
discussions—challenging us to do more than we thought possible, entertaining
us with his adventures and stories, and showing us by his example how to
lead with wisdom, integrity, humor, and love! He always made sure we got our
work done and that we had fun while doing it!
Scott found creative ways to share the message of the Federation, and he had
a way of getting everyone around him excited about our work! Like I know he
did with so many of you, by placing trust in me, Scott helped me gain
confidence and find my voice and my place as a young student leader, and
that changed my life in so many ways.
In the years since our student days, I had the true blessing and gift of
Scott's friendship. We celebrated many of life's milestones as we both
completed our education, traveled our career paths, found our soulmates, and
served in various leadership roles. We enjoyed so many happy times, faced
challenges and losses, and shared so many stories—for Scott loved nothing
more than to tell stories especially about Alex and Karter.
Scott was so multi-faceted: as comfortable testifying about legislation,
arguing a case, talking about his beloved sports teams, or singing karaoke.
Throughout it all, over these many years, Scott remained steady; a constant
source of wisdom, a listening ear, a guiding force, an encourager! I knew I
could always pick up the phone or send a text, and I would get a response—a
fresh perspective, a way of looking at the situation that brought clarity.
Several times during this last month, I have started to pick up the phone
before realizing I cannot hear that booming voice on the other end or
Mocha's happy hello. It is then that I remember how much Scott loved each of
us and how he fought for the rights of all blind people and how he cherished
the work of the NFB. And though I am sad, I am filled with hope and so much
gratitude for being able to draw upon the wisdom he shared and the example
he set.
Maya Angelou said, "A great soul serves everyone all of the time! A great
soul never dies! It brings us together, again and again!"
Just like he did that while he was with us, I know Scott will continue to
bring us together again and again—to support each other, to be here for
Anahit and Alex and Karter, to build the Federation, to keep fighting the
fight, and to keep dreaming and filling the world with laughter and love and
hope and possibility! Thank you, Scott!
----------
Remarks by Francis Gurry
>From the Editor: Francis Gurry was the director general of the World
Intellectual Property Organization from 2008 to 2020. Here are his remarks:
Dear Family of Scott LaBarre,
Dear Mark Riccobono,
Dear Friends,
It is a privilege for me to join you and to be able to say a few words on
the occasion of the ceremony to celebrate and to honor the life of a great
person, Scott LaBarre.
I came to know Scott in my capacity as director general of the World
Intellectual Property Organization (WIPO), a post from which I retired in
September 2020. During my time as director general, the Marrakesh Treaty to
Facilitate Access to Published Works for Persons who are Blind, Visually
Impaired, or Otherwise Print Disabled was successfully concluded in 2013 in,
of course, Marrakesh. The Marrakesh Treaty is the most successful example of
a multilateral treaty concluded in the 140-year history of the World
Intellectual Property Organization and its predecessors, success being
measured by the speed of take-up of the treaty around the world through the
number of ratifications. There are now some ninety-one contracting parties
and well over one hundred countries covered by the ratifications of those
ninety-one contracting parties.
Scott LaBarre was an eloquent, persuasive, and effective advocate for a
better deal for visually impaired persons. His influence resounded not just
in the formal meetings, where his formal skills as an advocate were
apparent, but also in the innumerable informal meetings that he had seeking
to persuade those who were not necessarily convinced of the need for the
treaty of the fundamental justice of bringing a successful conclusion to the
Marrakesh Treaty.
I should also add that the National Federation of the Blind (NFB), together
with the World Blind Union (WBU), were wonderful and highly skilled and
effective advocates for the Marrakesh Treaty and for its subsequent
ratification by the Congress of the United States of America. The treaty
would not have been concluded successfully, in my view, nor subsequently
ratified by the United States, without the NFB, the WBU, and outstanding
negotiators like Scott.
We also formed at WIPO the Accessible Books Consortium, which is a
partnership of all the elements involved in the value chain of book
publishing—authors, publishers, rights-owning or managing organizations,
libraries, standards organizations—together with the World Blind Union and
other stakeholders from the visually impaired community. I am very pleased
to say that the Accessible Books Consortium has brought together, thanks to
its various constituents, some 720,000 works in eighty languages that are
available in accessible formats throughout the world. Scott LaBarre sat on
the Board of Directors of the Accessible Books Consortium. He was, as
always, a highly skilled, highly knowledgeable, solid and influential
negotiator and advisor, respected by all.
Scott, your contribution to a better world, a world that recognizes and
gives expression to the fundamental rights of visually impaired persons, was
immense. You were a quiet but immensely strong and effective hero.
Farewell Scott, you remain in our hearts.
----------
[PHOTO CAPTION: Maryanne Diamond]
Remarks by Maryanne Diamond
>From the Editor: Maryanne is a past president of the World Blind Union and a
long time activist for the rights of the blind. She was a leader during the
negotiations and diplomatic conference that led to the Marrakesh Treaty.
I recall meeting Scott for the first time when he joined the World Blind
Union (WBU) Marrakesh Treaty Negotiating team.
Over many years we had worked with publishers to improve the situation of
accessible books for people who are blind or print disabled around the world
with very little success.
In 2008 the World Blind Union (WBU) decided to change our approach and began
working with copyright experts and friendly governments over a five-year
period at the World Intellectual Property Organization (WIPO) to achieve a
treaty. The treaty was adopted in Marrakesh in June of 2013.
It is hard not to remember meeting Scott, that loud booming voice,
enthusiasm, great skill, and obvious hard work ethic were immediately
apparent. Scott brought his legal experience and expertise to the team,
built good relationships with the United States government negotiators, and
of course his personal desire for all blind people worldwide to be able to
exercise our human right in accessing information.
Throughout the five years there were some very difficult conversations and
situations, even during the diplomatic conference. There was huge pressure
on us by publishers and some governments to weaken the treaty text, even
accept voluntary guidelines. But, we stayed firm and we stayed strong.
Scott was great company. There are many examples of adventures we shared
when travelling and working together. One that comes to mind is at the end
of one day at a WIPO meeting in Geneva, I assured Scott that I could find
our way back to the hotel without waiting for a sighted person to accompany
us. We walked to the tram, left the tram at the end of the ride, and made
our way into the hotel without any difficulty. Scott was impressed! He
suggested I would make a good NFB member. Well, I was impressed with this
endorsement as we made our way to the bar for our usual gin and tonic, a
custom we enjoyed after a long hard day’s work.
Following the adoption of the treaty, Scott continued to work hard. Our
focus moved to getting countries to ratify the treaty. It is fair to say
Scott played a leadership role in the US to achieve this. I recognized this
was very difficult, but Scott and the team were successful.
After this, Scott continued his work on the treaty taking on the role as WBU
representative on the WIPO Accessible Books Consortium board. He was a great
contributor representing the blind and print disabled community worldwide.
Scott was a friend, a colleague, someone I admired.
I was honoured in 2018 when Scott and I were both presented by the
Lighthouse for the Blind San Francisco Christopher Buckley “The Blind Boss
Award” for our work to achieve the Marrakesh Treaty.
With all Scott’s achievements within the US and internationally, he was
first and foremost a family man. Scott loved his family, spoke of them
often, and was so proud of them. He enjoyed his work but was always keen to
get home.
Anahit, on behalf of all of us who worked with Scott at the international
level, I say thank you. My thoughts and prayers are with you and your family
at this time.
----------
Remarks by Julie Reiskin
>From the Editor: Julie Reiskin is the executive director of the Colorado
Cross-Disability Coalition (CCDC), and as evidenced in her remarks and the
welcome she received, she and Scott had a close working relationship that
helped create better laws and a friendlier state for blind people and those
with other disabilities. Here is what she said:
Thank you, Kevan. I’m really honored to be here. I don’t remember the first
time I met Scott, but I remember the impression: surprise, surprise, it was
his voice! It was so confident, and it just oozed assurance that so many of
us with disabilities have to fight to get or don’t have at all. His presence
in the room just permeated victory in a way that was so contagious that
losing just wasn’t going to be an option; we were going to win. And even if
we didn’t win, there was no time for self-pity or group pity; it was just
about how to re-strategize and figure out how we are going to win later.
Always it was keeping our eyes on the prize of inclusion.
I was lucky enough to work with Scott on many bills, some of which were
mentioned by our lieutenant governor, but I have also been honored to watch
Scott litigate a case. I was honored to be able to lobby with him in DC. We
were both there in the Colorado section of the American Bar Association
lobby week. I was there to lobby for civil legal aid money, which of course
he totally supported, and he was there on the Marrakesh Treaty, and I was
thrilled to learn about that. Of course, Scott was the only one in the group
who could find his way around DC or around the winding halls of Congress,
because none of us sighted people could figure that out.
I’ll always be grateful about how Scott and the rest of the Federation and
the Colorado Center for the Blind with Julie, Kevan, Dan, and others,
welcome and work so well with the broader disability community. I don’t
think that happens in every state, and I’m really proud of how we are not
siloed in Colorado and that we can work together without watering down the
important disability-specific issues. The work of the NFB and CCB are the
model of disability empowerment.
Like everyone else, I relied on Scott professionally, and it’s been jarring
the last few weeks to be ready to forward Scott a bill with the question of
“What are we going to do about this?” and then realize that he’s not there.
But I know that he worked so hard to build a strong organization and that
there are so many other people that we really look forward to working with
more closely.
On a personal level, I think that what Scott gave me is something more
important. Years ago, he invited me to tour the CCB as well as to come to
NFB conventions, and what I saw there was a strong, incredible organization
sustained over decades that helped produce many, many thriving and proud
people with disabilities. I’ve always said that NFB is what I want CCDC to
be when we grow up. Of course, we are thirty-three, so maybe it’s time we
move out of the basement, but NFB as an organization and the Center are ones
we hold in so much esteem.
Of course, the NFB convention is the only large event that I ever attend or
have ever attended where I don’t get bumped into constantly. I use a
wheelchair that weighs over 350 pounds, but for some reason sighted people
can never quite see me. But when I’m with a bunch of blind people, it’s
never a problem. Scott opening up my world to this community has really been
priceless and really helped with my own visioning. So I don’t want to think
about doing advocacy work without Scott, but life is not about what we want,
and the best way I know to honor Scott’s legacy is to work harder and
smarter and with that confidence that he always exuded, to use the laws that
he helped create, and to continue fighting discrimination. I know that
everyone here is committed to doing that. Thank you.
----------
State of Colorado Proclamation
WHEREAS, through his work with the National Federation of the Blind of
Colorado, the National Federation of the Blind, the Colorado Center for the
Blind, and the American Bar Association, Scott LaBarre was recognized as a
staunch advocate, a defender of equal rights for the blind and people with
disabilities, and a leader in the disability rights movement in Colorado,
the nation, and around the world; and
WHEREAS, Scott LaBarre, himself blind, was an accomplished attorney who
devoted his legal career to defending the rights of the blind and people
with other disabilities; and
WHEREAS, in addition to his legal practice, Scott LaBarre served as a leader
in the legal community: working on committees and the Board of Governors of
the American Bar Association, serving as president of the National
Association of Blind Lawyers, and playing an influential role in numerous
meetings of the renowned Jacobus tenBroek Law Symposium; and
WHEREAS, Scott LaBarre engaged in national and international efforts which
culminated in the development and promulgation of the Marrakesh Treaty, an
international agreement for books for the blind and print-disabled to be
shared between countries around the world, including the United States of
America; and
WHEREAS, Scott LaBarre was a key player in the passage of numerous pieces of
legislation in Colorado to further equal rights for the blind and other
people with disabilities, not the least of which was HB18-1104, a bill to
end discrimination against parents with disabilities by Colorado county
departments of human services; and
WHEREAS, in addition to all of the other work he performed on behalf of the
blind and others with disabilities, Scott LaBarre provided mentoring to
hundreds of Coloradans who are blind or have other disabilities and many
others around the country; and
WHEREAS, Scott LaBarre’s untimely passing on December 10, 2022, is a loss to
everyone in Colorado, the United States of America, and beyond;
THEREFORE, I, Jared Polis, Governor of the State of Colorado, do hereby
proclaim January 21, 2023 as Scott LaBarre Day in the State of Colorado
GIVEN under my hand and the Executive Seal of the State of Colorado, this
twenty-first day of January, 2023.
----------
You Can Make a Difference
Blind children, students, and adults are making powerful strides in
education and leadership every day across the United States. For more than
eighty years, the National Federation of the Blind has worked to transform
the dreams of hundreds of thousands of blind people into reality. With
support from individuals like you, we continue to provide powerful programs
and critical resources for decades to come. We sincerely hope you will plan
to be a part of our enduring movement by including the National Federation
of the Blind in your charitable giving and in your estate planning. It is
easier than you think.
With your help, the NFB will continue to:
* Give blind children the gift of literacy through Braille.
* Promote independent travel by providing free, long white canes to
blind people in need.
* Develop dynamic educational projects and programs to show blind
youth that science and math careers 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.
Plan to Leave a Legacy
The National Federation of the Blind legacy society, our Dream Makers
Circle, honors and recognizes the generosity and vision of members and
special friends of the National Federation of the Blind who have chosen to
leave a legacy through a will or other planned giving option. You can join
the Dream Makers Circle in a myriad of ways.
Fixed Sum of Assets
You can specify that a fixed sum of your assets or property goes to the
National Federation of the Blind in your will, trust, pension, IRA, life
insurance policy, brokerage account, or other accounts.
Percentage of Assets
You can specify that a percentage of your assets or property goes to the
National Federation of the Blind in your will, trust, pension, IRA, life
insurance policy, brokerage account, or other accounts.
Payable on Death (POD) Account
You can name the National Federation of the Blind as the beneficiary on a
Payable on Death (POD) account through your bank. You can turn any checking
or savings account into a POD account. This is one of the simplest ways to
leave a legacy. The account is totally in your control during your lifetime
and you can change the beneficiary or percentage at any time with ease.
Will or Trust
If you do decide to create or revise your will, consider the National
Federation of the Blind as a partial beneficiary.
Visit our Planned Giving webpage
(https://www.nfb.org/get-involved/ways-give/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.
Ways to Contribute Now
Throughout 2021, the NFB:
* Sent nearly one thousand Braille Santa and Winter Celebration
letters to blind children, encouraging excitement for Braille literacy.
* Distributed over five thousand canes to blind people across the
United States, empowering them to travel safely and independently throughout
their communities.
* Delivered audio newspaper and magazine services to 126,823
subscribers, providing free access to over five hundred local, national, and
international publications.
* Gave over six hundred Braille-writing slates and styluses free of
charge to blind users.
* Mentored 232 blind youth during our Braille Enrichment for Literacy
and Learning® Academy in-home editions.
Just imagine what we’ll do this 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 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. 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. You can call 410-659-9314 and
elect option 4 to donate by phone. Donate online with a credit card or
through the mail with check or money order. Visit our Ways to Give webpage
(https://www.nfb.org/get-involved/ways-give) 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 withdrawal of funds from a checking account or a
charge to a credit card. To enroll, call 410-659-9314, extension 2213, or
fill out our PAC Donation Form (https://www.nfb.org/pac) online.
If you have questions about giving, please send an email to outreach at nfb.org
<mailto:outreach at nfb.org> or call 410-659-9314, extension 2422.
----------
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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