[NFBOH-Cleveland] On Behalf of the Ohio Membership Committee, Presenting the 2019 National Resolutions.
Suzanne Turner
smturner.234 at gmail.com
Mon Jul 15 19:17:19 UTC 2019
Ohio Members, Students and Interested Parties,
We have returned from the National Federation of the Blind 2019 National
Convention ready to work on changing what it means to be blind across the
country and in Ohio. Therefore, the Ohio Membership Committee is honored to
provide you with the 2019 National Resolutions. They are posted below for
your review. Please make yourselves familiar with them all. They speak to a
wide spectrum of concerns of the blind, such as, accessible mobile phones
for blind seniors, Section (14 C) of the Fair Labor Standard Act and the
lack of video description provided by HBO and other cable outlets.
Suzanne
///
* Resolution 2019-01: Regarding Diversity, Intersectionality, and
Blindness
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#01>
* Resolution 2019-02: Regarding the Continued Exploitation of Workers
with Disabilities under Section 14(c) of the Fair Labor Standards Act
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#02>
* Resolution 2019-03: Regarding Mobile Phones for Blind Seniors
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#03>
* Resolution 2019-04: Regarding Informed Choice for Consumers in
Selecting Blindness Training Programs
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#04>
* Resolution 2019-05: Regarding the Use of Accessible Ballot-Marking
Devices as the Primary Ballot Marking Tool
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#05>
* Resolution 2019-06: Regarding Support for the Transformation to
Competitive Employment Act of 2019
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#06>
* Resolution 2019-07: Regarding American Chemical Society Examinations
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#07>
* Resolution 2019-08: Regarding the Accessibility of
State-Administered Benefits Programs
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#08>
* Resolution 2019-09: Regarding ADA Litigation
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#09>
* Resolution 2019-10: Regarding the Greater Accessibility and
Independence Through Nonvisual Access Technology (GAIN) Act
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#10>
* Resolution 2019-11: Regarding Equal Accessibility for All Learning
Ally Customers, Including the Blind
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#11>
* Resolution 2019-12: Regarding Accessibility of Social Media
Platforms
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#12>
* Resolution 2019-13: Regarding the Proliferation of Dockless Electric
Scooters
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#13>
* Resolution 2019-14: Regarding the Authentic Representation of Blind
People in the Entertainment Industry
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#14>
* Resolution 2019-15: Regarding the Handling of Graphics in NLS
Materials
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#15>
* Resolution 2019-16: Regarding Uber and Lyft Ride Denials for
Travelers with Service Animals
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#16>
* Resolution 2019-17: Regarding Pearson
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#17> ’s Access Barriers
* Resolution 2019-18: Regarding Considerations for Blind Users in the
Development of Autonomous Vehicle Technology
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#18>
* Resolution 2019-19: Regarding the Quality of Braille Output from
Amazon Kindle Books
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#19>
* Resolution 2019-20: Regarding Calling for a Study Group to Ensure
Equitable Access to Blind Ice Hockey
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#20>
* Resolution 2019-21: Regarding the HBO Cable Channels and the Lack of
Video Description
<https://www.nfb.org/resources/speeches-and-reports/resolutions/2019-resolut
ions?sfns=mo#21>
Resolution 2019-01: Regarding Diversity, Intersectionality, and Blindness
WHEREAS, since 1940 the National Federation of the Blind has served as a
vehicle for collective action for the nation’s blind, working to expand
equality, opportunity, and security for the blind; and
WHEREAS, for over seventy-eight years the Federation has served as the voice
of the nation’s blind, has changed attitudes and public perceptions and has
developed authentic expertise regarding topics affecting the lives of blind
people; and
WHEREAS, consistent with the National Federation of the Blind’s code of
conduct and reflective of the Federation’s members, the Federation does not
discriminate on the basis of race, creed, color, religion, gender identity
and expression, sexual orientation, national origin, citizenship, marital
and/or socioeconomic status, age, genetic information, disability, and any
other characteristic or intersectionality of characteristics; and
WHEREAS, these differing characteristics and life experiences are tied
together by the common bond of blindness, and many of those intersecting
identities are also subject to inequalities, public misconceptions, and
injustices; and
WHEREAS, the Federation has actively worked to influence and improve public
policy through self-advocacy at the local, state, and federal levels and has
fostered relationships within industries to protect the rights of the blind;
and
WHEREAS, in June of 2018, as an expression of our common interest with other
organizations, the Federation jointly filed suit with the National
Association for the Advancement of Colored People and the Council of Parent
Attorneys and Advocates against the United States Department of Education to
prevent the erosion of civil rights enforcement regulations; and
WHEREAS, advocacy organizations such as the National Organization for Women,
National Association for the Advancement of Colored People, Unidos US,
Council on American-Islamic Relations, Human Rights Campaign, and many
others who advocate on behalf of issues that affect a cross-section of
Federationists and who have resources, including websites, programs, and
activities that are inaccessible to interested blind people; and
WHEREAS, these advocacy organizations can benefit from the collective
expertise on blindness and unique perspectives that a diverse group of
members of the Federation have gained through their participation in the
organized blind movement: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge the National Organization for Women, National
Association for the Advancement of Colored People, Unidos US, Council on
American-Islamic Relations, Human Rights Campaign, and other advocacy
organizations to ensure that their resources including websites, programs,
and activities are fully accessible to blind people; and
BE IT FURTHER RESOLVED that this organization urge these advocacy
organizations to include blind people in their policy and program
discussions to reflect better the intersectional priorities of blind people;
and
BE IT FURTHER RESOLVED that the National Federation of the Blind pledge its
willingness to partner with advocacy organizations to provide the authentic
expertise of the blind and to connect blind members of these advocacy
organizations with the resources and expertise of the Federation.
Resolution 2019-02: Regarding the Continued Exploitation of Workers with
Disabilities under Section 14(c) of the Fair Labor Standards Act
WHEREAS, the National Federation of the Blind believes in the capacity of
the blind to be fully participating members of society, able to compete on
equal terms with the sighted; and
WHEREAS, we oppose the unfair, discriminatory, and immoral provision found
in Section 14(c) of the Fair Labor Standards Act of 1938 (FLSA) (29 U.S.C. §
214(c)), that allows the United States Secretary of Labor to grant special
wage certificates to employers, permitting them to pay their workers with
disabilities less than the minimum wage; and
WHEREAS, it has been demonstrated repeatedly that people with significant
disabilities who receive the proper training and support can also engage in
competitive, integrated employment, making the use of subminimum wages
unnecessary and exploitative; and
WHEREAS, although previously outspoken about the need for Section 14(c), the
AbilityOne Commission and its two central nonprofit agencies, National
Industries for the Blind and SourceAmerica, have finally begun to implement
the proven strategies that led to the competitive, integrated employment of
individuals who were historically placed in segregated subminimum wage
environments; and
WHEREAS, many employers who have been informed about these successful
training and employment strategies have abandoned their 14(c) certificates
in favor of a model that creates competitive integrated employment
opportunities and better futures for the people they serve; and
WHEREAS, employers who continue to advocate for the use of Section 14(c) may
feel they are doing the right thing through their caretaker model of
services but fail to acknowledge the detrimental impact this model has on
the futures of the people they employ; and
WHEREAS, rather than using their resources to develop competitive integrated
employment opportunities for people with disabilities, these employers use
funding to actively lobby against the repeal of Section 14(c); and
WHEREAS, employers continue to manipulate the thinking of the parents and
guardians of the individuals with disabilities to the point where they are
convinced that their children have reached their full potential through a
legal provision that allows any entity lacking the talent, expertise, or
desire to create better opportunities for people with disabilities to
exploit these individuals through the payment of subminimum wages: Now,
therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization condemn and deplore all entities that use special
wage certificates under Section 14(c) of the Fair Labor Standards Act; and
BE IT FURTHER RESOLVED that this organization urge all entities that
continue to exploit workers with disabilities through the payment of
subminimum wages immediately to develop and implement models to transition
all of their disabled workers to competitive, integrated employment.
Resolution 2019-03: Regarding Mobile Phones for Blind Seniors
WHEREAS, the number of blind or low-vision seniors continues to increase,
and the number of basic accessible phones available through the main mobile
phone carriers continues to decrease; and
WHEREAS, Jitterbug is a manufacturer of phones designed for seniors and
GreatCall is a cell service and medical alert provider whose products are
primarily intended for use by seniors; and
WHEREAS, the Jitterbug Flip and Smart2 are the two phones offered by
GreatCall; and
WHEREAS, the Jitterbug Flip, while offering limited font and contrast
options for low-vision users, has no accessibility features for blind users;
and
WHEREAS, the Smart2 includes Google Talkback but does not offer any
opportunity to configure accessibility settings during phone setup and
requires the use of a printed activation number that is not available in a
nonvisual format; and
WHEREAS, GreatCall lacks information regarding accessibility features in any
of its product documentation: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge Jitterbug to add nonvisual access features
including menu and message readout to the Jitterbug Flip; and
BE IT FURTHER RESOLVED that this organization urge Jitterbug to make
available the ability to enable Talkback or other accessibility options at
the initial stage of setup and provide documentation for all features of its
products in an accessible format; and
BE IT FURTHER RESOLVED that this organization urge GreatCall to provide an
accessible activation method, describe the accessibility features of its
phones in the Product-Support section of its website, and train customer
service staff on all accessibility features.
Resolution 2019-04: Regarding Informed Choice for Consumers in Selecting
Blindness Training Programs
WHEREAS, comprehensive adjustment-to-blindness training is often essential
for blind people to succeed in education, employment, and full integration
into society; and
WHEREAS, this training is frequently recommended and obtained under an
individualized plan for employment with assistance provided by a state
vocational rehabilitation agency; and
WHEREAS, providers of comprehensive adjustment-to-blindness training include
both state and private agencies, which, although following a general pattern
of service and training curricula, often produce varying outcomes for
students and graduates; and
WHEREAS, the law provides blind consumers the right to exercise informed
choice in selecting among providers of comprehensive adjustment-to-blindness
training, but this right is often denied due to the lack of sufficient
information for consumers to compare programs and expected outcomes; and
WHEREAS, the federal vocational rehabilitation regulations, 34 CFR § 361.52,
“Informed Choice,” and RSA Policy Directive RSA-PD01-03, “Implementation of
Informed Choice,” require state agency personnel to assist individuals to
obtain information sufficient to exercise their right of informed choice,
but this obligation is often not fulfilled: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization call upon all state vocational rehabilitation
agencies to review implementation of their informed -choice policies with
particular reference to selection among comprehensive
adjustment-to-blindness training centers, including documentation of public
participation by blind individuals and organizations in those reviews; and
BE IT FURTHER RESOLVED that at a minimum the outcome of such reviews must
ensure that each state vocational rehabilitation agency will obtain and
maintain current descriptions and data supplied by each known training
center (updated annually), regardless of whether the center is a currently
approved agency contractor, and regardless of the location of the center
within the United States; and1111
BE IT FURTHER RESOLVED that all current and up-to-date descriptions and
data, including contact information supplied to a state vocational
rehabilitation agency by any public or private provider of comprehensive
adjustment-to-blindness training, whether they are or ever have been a
contractor and whether located in-state or out-of-state, must be provided
to all individuals considering such training, to allow them to evaluate
the relevance and quality of any center’s program for their desired
employment outcome; and
BE IT FURTHER RESOLVED that this organization request the Professional
Development and Research Institute on Blindness at Louisiana Tech University
to with its expertise and experience to collaborate in the development and
publication of consumer guidelines for selection among
adjustment-to-blindness training centers as a reference for individuals to
use in their exercise of informed choice.
Resolution 2019-05: Regarding the Use of Accessible Ballot-Marking Devices
as the Primary Ballot Marking Tool
WHEREAS, the ability to cast a secret ballot independently is a cornerstone
of our democracy that enables citizens to vote their conscience without
fear; and
WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires that
voters with disabilities be afforded an opportunity to exercise the right to
vote that is equivalent to the opportunity afforded to voters without
disabilities; and
WHEREAS, the majority of state and local elections are conducted using paper
ballots with the accessible ballot marking device (BMD) limited to voters
with disabilities; and
WHEREAS, election technology developers, such as Elections Systems and
Software (ES&S), Dominion Voting Systems, and Unisyn Voting Solutions, have
designed accessible BMDs that produce ballots that are different in size
and/or content from the ballot that is hand marked by the majority of
voters; and
WHEREAS, because the BMD ballots cast by voters with disabilities are
different in size and/or content from the hand-marked ballots cast by the
majority of voters, the BMD ballots can be identified as having been cast by
a voter with a disability and are, as a result, not secret ballots; and
WHEREAS, a state or local board of elections may be in violation of Title II
of the ADA when it does not provide voters with disabilities the same
opportunity to cast a secret ballot that it provides voters without
disabilities; and
WHEREAS, BMDs are the superior method for marking ballots because they
prevent the stray marks and over-votes that can result when ballots are hand
marked; and
WHEREAS, the Protecting American Votes and Elections (PAVE) Act, introduced
in the United States Senate on May 15, 2019, mandates a hand-marked paper
ballot, limits the use of BMDs to voters with disabilities, and provides
state and local governments with enough funds to purchase only one BMD per
polling place, thus denying voters with disabilities a secret ballot: Now,
therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that the Senate amend the PAVE Act to make
BMDs the primary method for ballot-marking and provide sufficient funds to
state and local governments to purchase the required number of BMDs for use
by the majority of voters; and
BE IT FURTHER RESOLVED that this organization demand that state and local
governments implement the legislation and election procedures necessary to
make the use of BMDs the primary method of ballot-marking for the majority
of voters, thus ensuring that voters with disabilities have a secret ballot.
Resolution 2019-06: Regarding Support for the Transformation to Competitive
Employment Act of 2019
WHEREAS, since its founding in 1940, the National Federation of the Blind
has fought to repeal the unfair, discriminatory, and immoral provision found
in Section 14(c) of the Fair Labor Standards Act of 1938 (FLSA), which
allows the secretary of labor to grant special wage certificates to
employers permitting them to pay their workers with disabilities less than
the minimum wage; and
WHEREAS, Section 14(c) of the FLSA is a statutory codification of the
negative attitudes and erroneous stereotypes that perpetuate the
unemployment and exacerbate the underemployment of people with disabilities
based on the fallacious argument that they cannot be productive and
therefore deserve to be paid less than nondisabled employees; and
WHEREAS, segregated subminimum-wage work environments are not transitional
job-training service providers for workers with disabilities, and research
conducted by Dr. Robert Cimera of Kent State University found that work
habits learned in a segregated work environment must be unlearned in order
for workers with disabilities to become competitively employed; and
WHEREAS, it has become evident that subminimum-wage employers who conceal
their vested financial interest in the continuation of this exploitative
subminimum-wage business model are actively lobbying against the repeal of
Section 14(c); and
WHEREAS, data from the Department of Labor Wage and Hour Division published
on April 1, 2019, shows that 1,743 exploitive work environments continue to
employ 106,339 workers with disabilities at wages lower than the federal
minimum wage; and
WHEREAS, on January 29, 2019, Senators Bob Casey of Pennsylvania and Chris
Van Hollen of Maryland introduced S. 260, the Transformation to Competitive
Employment Act of 2019, which will sunset Section 14(c) of the FLSA over a
six-year period and award grants to states and providers to assist with
their successful transition to competitive integrated employment; and
WHEREAS, on January 30, 2019, the Chairman of the Education and Labor
Committee, Representative Bobby Scott of Virginia, along with Representative
Cathy McMorris Rodgers of Washington, introduced identical companion
legislation in the House, H.R. 873; and
WHEREAS, on May 21, 2019, the United States House Committee on Education and
Labor held a full committee hearing entitled “Eliminating Barriers to
Employment: Opening Doors to Opportunities” to learn more about the
successful transition of workers with disabilities from segregated
subminimum-wage employment to competitive integrated employment: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the city of Las Vegas, Nevada,
that this organization commend Representatives Bobby Scott and Cathy
McMorris Rodgers and Senators Robert Casey and Chris Van Hollen as well as
all cosponsors of H.R. 873 and S. 260, the Transformation to Competitive
Employment Act of 2019, for their leadership and bipartisan efforts to end
the discrimination against people with disabilities and their belief in the
capacity of people with disabilities to obtain competitive integrated
employment; and
BE IT FURTHER RESOLVED that this organization call upon the United States
Congress to take up consideration of this legislation without delay,
sunsetting Section 14(c) of the Fair Labor Standards Act, thereby
permanently unlocking the doors to competitive integrated employment for
people with disabilities; and
BE IT FURTHER RESOLVED that this organization commend those entities who
have voluntarily transitioned their business models away from subminimum
wage employment and into competitive integrated employment.
Resolution 2019-07: Regarding American Chemical Society Examinations
WHEREAS, the American Chemical Society (ACS) Division of Chemical Education
Examinations Institute produces and distributes more than fifty different
chemistry examinations for use in high school, collegiate, and
graduate-level chemistry courses nationwide; and
WHEREAS, ACS promotes its tests as nationally normed and standardized, and
many schools use ACS tests as required placement tests, qualifying
assessments, or final exams; and
WHEREAS, ACS does not make its full suite of tests available in Braille, but
instead requires schools to transcribe and emboss ACS tests for blind
students individually, thus compromising the standardized assessments; and
WHEREAS, electronic versions of ACS tests and study materials are not
presented with corresponding tactile graphics, do not conform with Web
Content Accessibility Guidelines (WCAG) 2.0 or 2.1 AA, and are therefore not
accessible to blind students who use screen-access software; and
WHEREAS, blind students have been pushed out of their chemistry studies and
given failing grades on tests because of access barriers and lack of Braille
in ACS products; and
WHEREAS, the National Federation of the Blind in December of 2018 urged the
country’s top fifty chemistry programs to stop using ACS products; and
WHEREAS, after meeting with the National Federation of the Blind in March of
2019, ACS committed to adopting an accessibility statement, but has not yet
made such a statement public: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that ACS Exams promptly adopt and post
publicly a robust accessibility policy; and
BE IT FURTHER RESOLVED that this organization demand that the American
Chemical Society Division of Chemical Education Examinations Institute
implement a process by which schools can request and receive pre-embossed
Braille versions of any ACS test; and
BE IT FURTHER RESOLVED that this organization demand that ACS audit and
remediate electronic versions of its suite of assessments and study
materials so that they conform with WCAG 2.1 AA and are fully accessible to
blind students who use screen-access software.
Resolution 2019-08: Regarding the Accessibility of State-Administered
Benefits Programs
WHEREAS, state-administered benefits programs include critical programs like
Medicaid, Supplemental Nutrition Assistance Program, workforce development,
and low-income housing vouchers; and
WHEREAS, eligibility requirements are often streamlined so that
ineligibility for one program results in ineligibility for multiple
programs; and
WHEREAS, blind people are often unable to apply independently for or renew
their eligibility for many state-administered benefit programs because the
web-based eligibility forms do not conform with Web Content Accessibility
Guidelines (WCAG) 2.0 or 2.1 AA and are therefore inaccessible using
screen-access software; and
WHEREAS, blind people have been denied program communications in Braille or
other alternative formats or have otherwise failed to receive communication
that is as effective as communication provided to nondisabled beneficiaries;
and
WHEREAS, blind people have been deemed ineligible for state-administered
benefits solely because they were unable to complete required eligibility
forms, resulting in immediate, unnecessary, and discriminatory hardship; and
WHEREAS, Title II of the Americans with Disabilities Act prohibits
state-administered benefits programs from discrimination against and
disparate treatment of people with disabilities and thus mandates the
provision of equally effective communication and equal access to services
for such persons: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that all state-administered benefits programs
honor requests for alternative format communications and equal access to
programmatic information, benefits, and services in a timely manner; and
BE IT FURTHER RESOLVED that this organization demand that state-administered
benefits programs promptly implement accessibility policies that require
web-based information and forms to conform to web content accessibility
guidelines (WCAG 2.1 AA) and promptly audit and remediate application and
renewal of eligibility processes and forms so that they are fully and
equally accessible to blind people.
Resolution 2019-09: Regarding ADA Litigation
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is a
comprehensive civil rights law that prohibits discrimination based on
disability; and
WHEREAS, to assist Americans with disabilities in asserting our rights under
the ADA, Congress included a private right of action, which has assisted
Americans with disabilities to secure landmark victories that have opened
doors in employment, education, commerce, and other arenas; and
WHEREAS, under Department of Justice interpretation and court rulings, ADA
Title III applies not only to physical places of public accommodation but
also to their websites; and
WHEREAS, many websites are inaccessible to blind people who use screen
readers to access digital content and to other people with disabilities; and
WHEREAS, a small group of plaintiffs and attorneys are exploiting the
situation by filing dozens, occasionally hundreds, of lawsuits all at once
or in rapid succession; and
WHEREAS, rather than acknowledging that website inaccessibility is a real
and growing problem, some business groups and media outlets have focused on
this behavior as evidence that the ADA is merely a tool for greedy lawyers
to extort quick cash settlements from businesses; and
WHEREAS, this largely misplaced blame for ADA lawsuits has led to the
introduction, and in some cases enactment, of state legislation that places
onerous burdens on people and organizations who wish to bring legitimate
complaints under the ADA, as well as attempts to enact federal legislation
that would have the same effect; and
WHEREAS, even if litigants act in good faith and with noble intentions,
blanketing a geographic area or business type with lawsuits often does not
meaningfully advance the cause of accessibility because the litigants may
lack the resources or the commitment to investigate each lawsuit thoroughly,
and many lawsuits brought in this way are settled quickly and
confidentially, thereby failing to hold public accommodations accountable
for true progress toward making their websites accessible: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge members of the legal community to engage in
responsible, ethical, and transparent behavior when pursuing ADA litigation,
including contacting targeted entities to try to resolve accessibility
issues without litigation where possible and appropriate and to draw up
public settlement agreements that outline the specific steps to be taken by
an entity to achieve accessibility and the anticipated timeline for those
steps to be completed; and
BE IT FURTHER RESOLVED that this organization reaffirm its opposition to any
legislation, state or federal, that seeks to shift the burden of compliance
from the entities to people with disabilities affected by noncompliance; and
BE IT FURTHER RESOLVED that this organization continue to work
collaboratively with the policymaking, legal, business, and web development
communities to advance accessibility, while not hesitating to commence
litigation if needed.
Resolution 2019-10: Regarding the Greater Accessibility and Independence
Through Nonvisual Access Technology (GAIN) Act
WHEREAS, the rapid proliferation of digital technology has led to the
increased use of touchscreens and interactive visual interfaces, replacing
traditional controls such as knobs, switches, and buttons on home-use
medical devices, exercise equipment, and home appliances; and
WHEREAS, this major shift in technology has rendered the majority of
home-use medical devices, exercise equipment, and home appliances
inaccessible to blind users, potentially threatening the health, safety, and
independence of blind people; and
WHEREAS, in most cases the technology already exists to allow for nonvisual
access to these products; and
WHEREAS, accessibility is relatively easy and inexpensive to implement when
it is incorporated into the design of a product from the outset; and
WHEREAS, the ability to operate nonvisually all home-use medical devices,
home appliances, and exercise equipment is essential to a blind person’s
wellbeing, independence, and overall quality of life: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge the United States Congress swiftly to consider
and pass the Greater Accessibility and Independence Through Nonvisual Access
Technology (GAIN) Act, thereby ensuring and protecting the independence of
blind Americans.
Resolution 2019-11: Regarding Equal Accessibility for All Learning Ally
Customers, Including the Blind
WHEREAS, in 1948 Recording for the Blind was established to enable blind
veterans to take advantage of the GI Bill of Rights and over the years has
expanded its services to include students with learning disabilities, as
reflected in the change of its name to Recording for the Blind and Dyslexic
in 1995 and then to Learning Ally in 2011; and
WHEREAS, Learning Ally produces books in classic audio format or in
VOICEtext format that readers use on their computer, reading device, or
Learning Ally’s smart phone app; and
WHEREAS, Learning Ally’s expanded mission has redirected its resources to
include print-reading populations, which offer larger markets, and mentions
blind students on its website only when describing its history; and
WHEREAS, this expansion has resulted in a priority shift away from the
blind, making our community no longer Learning Ally’s primary priority, nor
even an equal priority with other served groups; and
WHEREAS, this second-class treatment is demonstrated by Learning Ally’s lack
of accessible navigation for blind readers in its phone app; and
WHEREAS, the At-Large chapter of the National Federation of the Blind of
West Virginia has repeatedly asked Learning Ally to fix these problems; and
WHEREAS, the need for Learning Ally’s products and services, especially its
human-read narration and scripted descriptions of figures, illustrations,
graphics, charts, and tables in textbooks remains a paramount need because
it is often the sole source of accessible educational material for blind
patrons; and
WHEREAS, educational institutions, from K-12 through higher education,
purchase subscriptions to Learning Ally for materials in specialized formats
for their students; and
WHEREAS, these institutions are required to purchase products that provide
equal access to all students, including the blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization strongly urge Learning Ally immediately to upgrade
its current book-reading software and VOICEtext audio format so that blind
patrons have the same access and equivalent ease of use as other
print-disabled readers; and
BE IT FURTHER RESOLVED that this organization call upon all educational
institutions to refuse to purchase memberships to Learning Ally for students
until it provides the same access to the blind that it offers to other
print-disabled readers.
Resolution 2019-12: Regarding Accessibility of Social Media Platforms
WHEREAS, social media has become an integral part of many people’s lives,
serving as a vehicle for staying in touch with friends, seeking advice,
searching for jobs, and staying up-to-date with information about local and
national news and events; and
WHEREAS, much of the information available on social media platforms is
added by users as photos or graphics that are not inherently readable by
access technology such as screen readers; and
WHEREAS, when accessibility features such as the ability to add alt text to
photos are included by social media platforms, they are often buried in
“advanced settings,” requiring users to have knowledge of how to find these
features; and
WHEREAS, frequent updates to social media platforms and apps introduce new
features and bring changes to existing features, and accessibility is
frequently not taken into account when these new builds and features are
released, resulting in blind users being unable to use features, add
content, or access content added by others: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization call upon social media platforms, including Facebook,
Twitter, LinkedIn, Instagram, YouTube, and others, to make a serious
commitment to creating more inclusive experiences by giving accessibility
features a more prominent place on their platforms and implementing stricter
accessibility testing protocols, including user testing, before new features
launch; and
BE IT FURTHER RESOLVED that this organization urge all major social media
companies to engage actively with the organized blind during the development
stages of product and feature design in order to inform their accessibility
and usability processes.
Resolution 2019-13: Regarding the Proliferation of Dockless Electric
Scooters
WHEREAS, dockless electric scooters are a new form of transportation that
has become increasingly popular in the United States; and
WHEREAS, the appeal of these scooters is that they may be retrieved from and
left anywhere because they do not need to be parked at a docking station or
rack; and
WHEREAS, as a result users are leaving these scooters in locations that
block curb cuts, obstruct sidewalks, block bus stops and stoops, and
generally disrupt the flow of pedestrian traffic; and
WHEREAS, users further endanger pedestrian traffic by riding these scooters
on sidewalks and other pedestrian rights-of-way; and
WHEREAS, these scooters are virtually silent when in use, making it
impossible for those using nonvisual means of travel to detect them; and
WHEREAS, the public is encouraged to contact the various scooter companies
directly to report scooter misuse, request that a scooter be moved, or
report an injury or other concern by calling the company, visiting the
website, or making a report using the app; and
WHEREAS, the blind cannot identify the scooter companies’ names, phone
numbers, or websites because the information on the scooter is available
only in print; and
WHEREAS, blind people are further denied the opportunity to make reports or
issue complaints, since scooter websites and apps are generally not
accessible via access technology; and
WHEREAS, few laws in the United States regulate the use of these scooters,
and laws that do exist are inconsistent from city to city: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization call upon the United States Congress to establish a
minimum sound standard for dockless electric scooters; and
BE IT FURTHER RESOLVED that this organization urge state and local
governments to work with affiliates of the National Federation of the Blind
to enact laws regulating scooter use to control parking, prohibit riding on
sidewalks, and generally avoid disrupting the flow of pedestrian traffic;
and
BE IT FURTHER RESOLVED that this organization demand that all dockless
electric scooter companies place their company name, scooter identification
number, and contact information on each scooter in a format accessible and
easily detectible by the blind and that these companies develop accessible
websites and mobile applications so that blind pedestrians can easily
communicate reports of misuse or injury.
Resolution 2019-14: Regarding the Authentic Representation of Blind People
in the Entertainment Industry
WHEREAS, the entertainment industry has produced dozens of movies and TV
shows portraying blind characters, usually offensively or inaccurately,
which exploit blindness for admiration and awards; and
WHEREAS, stereotypical portrayals of blind people in the media continue to
affect negatively the perception of blind people in society; and
WHEREAS, the CW, CBS, and Red Hour Film produced a television series called
In the Dark that follows a blind woman as she works to solve a suspected
crime; and
WHEREAS, despite the fact that the main character in the show is blind, the
role is portrayed by a sighted actor rather than a blind actor; and
WHEREAS, executives of In the Dark are perpetuating low expectations by
making the excuse that a blind actor could not be found for the leading
role; and
WHEREAS, various levels of the entertainment industry are failing to create
a pipeline of blind actors in order to bring authentic representation to
blind characters and roles for which a blind actor may be suited; and
WHEREAS, blind people are often discouraged from pursuing an acting career
or are denied acting roles due to low expectations and misconceptions
regarding the capacity of the blind: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge all parts of the entertainment industry,
including directors, producers, casting agencies, and acting schools, to
seek authentic representation when casting for blind roles; and
BE IT FURTHER RESOLVED that this organization demand that the entertainment
industry consult the organized blind and hire blind writers when developing
a blind role, in order to eliminate stereotypes and misconceptions regarding
blindness; and
BE IT FURTHER RESOLVED that this organization urge the CW, CBS, and Red Hour
Films to produce the second season of In the Dark with the lead character
played by a blind actor; and
BE IT FURTHER RESOLVED that this organization call upon the entertainment
industry to promote the inclusion of blind actors and characters in its
television shows and movies, not solely in specific blind roles but in any
role for which the blind actor may be suited.
Resolution 2019-15: Regarding the Handling of Graphics in NLS Materials
WHEREAS, graphics such as charts, tables, maps, and pictures are important
features in books and periodicals; and
WHEREAS, the Braille Audio Reading Download (BARD) system is a popular
service that the National Library Service for the Blind and Physically
Handicapped (NLS) uses to distribute books in accessible formats; and
WHEREAS, NLS provides some tactile graphics and descriptions of pictures in
some of its hardcopy Braille formats, but cannot include tactile graphics on
the BARD system because Braille devices cannot display this content; and
WHEREAS, the exclusion of graphical materials denies information and
diminishes the reading experience for patrons: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge NLS to include tactile graphics in the
production of all future hardcopy Braille materials; an
BE IT FURTHER RESOLVED that this organization commend NLS for including its
Braille collection on the BARD platform, thus enabling users to store and
access Braille using refreshable Braille displays; and
BE IT FURTHER RESOLVED that this organization strongly encourage NLS to
develop a policy that ensures that, when it produces a hardcopy Braille
version of a book containing graphics, it also offers a hard copy of just
the accompanying tactile graphics that BARD users can order.
Resolution 2019-16: Regarding Uber and Lyft Ride Denials for Travelers with
Service Animals
WHEREAS, Uber and Lyft’s ridesharing services are increasingly available
nationwide, are used for millions of rides annually, and are now considered
transportation fixtures in society; and
WHEREAS, an ever increasing number of people with and without disabilities
rely on these services as faster and more convenient alternatives to
traditional public transportation options; and
WHEREAS, in 2017 the National Federation of the Blind entered into
settlement agreements with Uber and Lyft in an effort to resolve drivers’
discriminatory treatment against blind travelers with service animals; and
WHEREAS, the settlement agreements include the education of drivers on their
obligation to accept riders with service animals and strict single-strike
policies that require Uber and Lyft to terminate drivers who knowingly deny
transportation to travelers with service animals, and
WHEREAS, despite the settlement agreements, driver education, and strict
policies, drivers continue knowingly to deny rides to and discriminate
against blind travelers with service animals; and
WHEREAS, Uber and Lyft have chosen to reeducate rather than to terminate
drivers who, after denying rides, claimed ignorance regarding knowledge of
travelers’” service animals, even in cases where riders notified drivers
that they travel with service animals: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that Uber and Lyft vigorously enforce their
single-strike policies for terminating drivers who knowingly refuse
transportation to riders with service animals, as required by their
settlement agreements with the NFB; and
BE IT FURTHER RESOLVED that this organization demand that Uber and Lyft
thoroughly investigate all claims of discrimination against travelers with
service animals and that Uber and Lyft respond to complainants and the NFB
promptly and transparently and in accordance with their settlement agreement
obligations.
Resolution 2019-17: Regarding Pearson’s Access Barriers
WHEREAS, Pearson Education Inc.’s North America operations offer educational
content, assessments, and digital services to K-12 and higher education
schools nationwide; and
WHEREAS, Titles II and III of the Americans with Disabilities Act prohibit
schools from discriminating against individuals with disabilities and
ultimately require that schools provide effective communication and equal
and integrated access to programs and activities; and
WHEREAS, Pearson’s 2018 Sustainability Report identifies that Pearson’s new
products are not yet all born accessible; and
WHEREAS, some Pearson products, including MyLab, are compatible with
screen-access software only for selected multiple-choice and free-response
questions, but not for all questions; and
WHEREAS, Pearson has publicly posted robust steps to make elearning
accessible, but has presented these steps as guidelines and not requirements
for its development teams; and
WHEREAS, Pearson has received repeated complaints from students, the
National Federation of the Blind, and others regarding the inaccessibility
of its products but has failed to address systematically the cause of these
barriers; and
WHEREAS, blind students have been harmed by Pearson’s failure to ensure that
its products are fully and equally accessible, such harm being evidenced by
low test and assignment scores, low course grades, or pressure to withdraw
from classes that use Pearson’s products; and
WHEREAS, the United States District Court of the Central District of
California recently found that the Los Angeles Community College District
discriminated against a blind student when it failed to provide meaningful
access to coursework via Pearson’s MyMathLab or equivalent assignments in a
timely manner; and
WHEREAS, Pearson acknowledges falling short of its goal to make one hundred
percent of its higher education courseware digital portfolio accessible by
2020, but has not yet been transparent in sharing its revised timeline with
schools, students, and advocacy organizations; and
WHEREAS, Pearson promotes on its accessibility webpage that it works
collaboratively with the NFB; and
WHEREAS, Pearson’s assessments team has partnered with the NFB on tactile
graphic studies and other projects, but Pearson’s higher education and K-12
courseware and sales teams have not engaged with the NFB on
accessibility-related solutions; and
WHEREAS, Pearson’s North America operations have not accepted NFB’s repeated
invitations to enter into a robust company-wide accessibility agreement with
the NFB and to take critical steps to enculturate accessibility fully, to
the long-term detriment of blind students: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization call upon Pearson to demonstrate a full commitment to
accessibility by publicizing its roadmap for addressing the accessibility of
its educational products and services and by ensuring that all new products
conform with WCAG 2.1 AA prior to their release; and
BE IT FURTHER RESOLVED that this organization demand that Pearson announce
publicly its process and timeline for responding to complaints from schools,
students, parents, and others regarding access barriers in Pearson products
and services; and
BE IT FURTHER RESOLVED that this organization condemn and deplore Pearson’s
continued use of and failure to remediate its inaccessible MyLab questions,
tutorial content, and features.
Resolution 2019-18: Regarding Considerations for Blind Users in the
Development of Autonomous Vehicle Technology
WHEREAS, autonomous vehicles are the next major advancement in the
transportation industry; and
WHEREAS, innovations in autonomous vehicle technology represent a valuable
new resource that has extraordinary potential to help blind people gain
greater independence and improve transportation options; and
WHEREAS, private industry stakeholders such as Cruise, Waymo, and Volkswagen
Group, along with others, are already designing, developing, and testing
autonomous vehicles on roads and highways across the country; and
WHEREAS, four essential features will need to be included with all
autonomous vehicles to ensure that blind people can independently operate
them; and
WHEREAS, the first of these essential features will be a nonvisual
vehicle-location system that will direct the blind user to the vehicle and
give instructions regarding pick-up and drop-off locations; and
WHEREAS, a second essential feature will be nonvisually accessible
navigation and maintenance controls that will allow the blind user to
program destinations and make changes during the trip and will alert the
user to any maintenance the vehicle may need; and
WHEREAS, a third essential feature will be accessible interior environment
controls, including but not limited to climate control, the entertainment
system, and the opening and closing of the windows; and
WHEREAS, the final essential feature will be exterior environment alerts
that will inform the blind user when the vehicle experiences sudden and
unexpected changes due to heavy traffic, obstacles, or equipment
malfunctions: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization urge automobile manufacturers, technology companies,
and all other stakeholders involved in designing, developing, and deploying
autonomous vehicles to make their vehicles fully accessible to the blind by
including nonvisual access to these four essential features in their
products; and
BE IT FURTHER RESOLVED that we urge these entities to work directly with
blind Americans to test and acquire feedback on the nonvisual access
features of autonomous vehicles.
Resolution 2019-19: Regarding the Quality of Braille Output from Amazon
Kindle Books
WHEREAS, Amazon’s Kindle books constitute a major source of titles in the
commercial electronic book market; and
WHEREAS, when reading Kindle books with a refreshable Braille display,
formatting and attribute information such as line breaks, indentation, page
breaks, and text highlighting is frequently not conveyed to the reader; and
WHEREAS, when a book is displayed without proper formatting, technical
material such as computer programming, mathematics, and creative or artistic
content like poetry is rendered partially inaccessible or completely
unusable; and
WHEREAS, consumers who purchase Kindle books with the expectation that they
will be able to read them using a refreshable Braille device face the
possibility that the book will not meet their needs, especially if
formatting and attribute information is critical to the use of the book:
Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization call upon Amazon to design, develop, and implement
solutions that will enable Kindle books displayed in Braille to convey
formatting and attribute information to blind users.
Resolution 2019-20: Regarding Calling for a Study Group to Ensure Equitable
Access to Blind Ice Hockey
WHEREAS, according to the United States Association of Blind Athletes, blind
ice hockey is a new, increasingly popular sport, and while blind ice hockey
is not yet a Paralympic sport, in 2015 the International Blind Ice Hockey
Federation was formed to recruit athletes internationally in order to grow
the sport; and
WHEREAS, currently, the only modifications to the sport of blind ice hockey
are a larger, slower-moving puck that makes noise while in motion, goals
thirty-six inches in height instead of forty-eight inches in order to keep
the puck closer to the ice and increase the sound being made, and a rule
that at least one pass must be completed on the offensive half of the rink
before a team can attempt to score in order to increase opportunity for puck
location; and
WHEREAS, although this is considered a sport for blind athletes, athletes
who are totally blind are currently limited to the goaltender position due
to a lack of additional modifications to the sport such as locator sounds
when the puck stops moving and locator sounds on the goals; and
WHEREAS, a sport for the blind should be fully accessible to all blind
players; and
WHEREAS, a sport that is more accessible to individuals with a greater level
of vision promotes a “hierarchy of sight” and perpetuates low expectations
and misconceptions about the capabilities of blind athletes: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that the International Blind Ice Hockey
Federation, USA Hockey, and the United States Association of Blind Athletes
immediately convene a study group that includes blind ice hockey players and
members of the National Federation of the Blind Sports and Recreation
Division to explore ways to make the sport of blind ice hockey equally
accessible to blind players regardless of level of vision; and
BE IT FURTHER RESOLVED that this organization call upon the International
Blind Ice Hockey Federation to work closely with the National Federation of
the Blind, USA Hockey, and the United States Association of Blind Athletes
to implement recommendations from the study group so that all blind ice
hockey players can enjoy equal access to the sport.
Resolution 2019-21: Regarding the HBO Cable Channels and the Lack of Video
Description
WHEREAS, HBO, operated by Home Box Office, Inc, a subsidiary of AT&T’s
WarnerMedia, is a package of premium cable channels that air
commercial-free, uncensored content including movies, comedy specials,
concerts, documentaries, sporting events, and original scripted television
series; and
WHEREAS, subscribers pay an extra fee in addition to their regular cable or
satellite television subscription for access to the HBO channels or can
subscribe to a streaming service, HBO Now, for a monthly fee if they do not
have cable service; and
WHEREAS, over the past two decades the original programming produced by and
for HBO has been among the most critically acclaimed, culturally
significant, and popular television programming available, including shows
such as The Sopranos, The Wire, Game of Thrones, True Detective, Veep,
Westworld, and its most recent hit, the miniseries Chernobyl; and
WHEREAS, HBO uses the Second Audio Program (SAP) feature that can be
accessed by most televisions and cable devices to carry Spanish-language
versions of its programs, but does not use this capability to carry video
description of its programs for blind viewers; and
WHEREAS, the use of the SAP feature to carry programming dubbed into Spanish
is redundant and unnecessary because the package of HBO channels sold to
subscribers also includes HBO Latino, which simulcasts Spanish versions of
the programming being aired on HBO’s main channel; and
WHEREAS, not only has HBO failed to add video description to its original
programming, but it does not carry the video description that is already
available for the movies that it runs nor even for the educational program
Sesame Street, whose episodes are now first run on HBO instead of on the
Public Broadcasting Service; and
WHEREAS, other cable channels, the major broadcast networks, and streaming
services such as Netflix and Amazon Prime provide video description for some
or all of their original programming and for many movies and programs that
they license from other producers and providers; and
WHEREAS, while HBO and other premium cable services are not mandated by the
Federal Communications Commission (FCC) to carry video description, as the
networks and some other cable channels are, nothing prevents HBO from
voluntarily adding video description to its programming; and
WHEREAS, the lack of video description means that blind subscribers, while
paying the same fee for access to HBO as subscribers without disabilities,
do not have equal access to its programming: Now, therefore
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this eleventh day of July, 2019, in the City of Las Vegas, Nevada,
that this organization demand that HBO begin airing new original programming
with video description and set forth a plan to add video description to its
existing movie and program library; and
BE IT FURTHER RESOLVED that this organization call upon the Federal
Communications Commission (FCC) to explore mandating that video description
be provided by HBO and other premium cable services.
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