[NFBOH-Cleveland] Please Review The 2022 National Resolutions Enclosed with members and friends.
Suzanne Turner
smturner.234 at gmail.com
Tue Sep 13 20:43:20 UTC 2022
Ohio Members and Friends,
Below are the 2022 National Resolutions: Please review them with your
Chapter members.
///
2022 Resolutions
RESOLUTION 2022-01
Regarding Need for Federal Legislation Requiring All Websites and
Applications to be Accessible
WHEREAS, the activities of a vast number of employers, retailers,
restaurants, other public accommodations, educational institutions, state
and local governments,
other public entities, and many other entities now occur in whole or in part
through websites and applications, a shift that has been greatly accelerated
by a global pandemic; and
WHEREAS, according to a report with statistics covering the period from 2005
to 2020 conducted by the United States Bureau of Economic Analysis, the
digital
economy alone accounts for nearly 10 percent of the gross domestic product
of the United States; and
WHEREAS, according to a study published in March 2021 by the Pew Research
Center, 85 percent of American adults visit the internet at least once per
day;
and
WHEREAS, equal access to digital spaces is necessary for the blind and
others with disabilities to participate in the mainstream of economic,
cultural,
and political life; and
WHEREAS, the vast majority of the entities identified above want their
websites and applications to be accessible and usable by all, including the
blind
and others with disabilities; and
WHEREAS, the blind and others with disabilities constantly face access
barriers to websites and applications as indicated by a recent survey of the
one
million most visited websites, which revealed that at least one access
barrier existed on over ninety-seven percent of those million websites; and
WHEREAS, according to numerous news sources, the United States has
approximately two open jobs for every unemployed American, yet unemployment
and underemployment
of the blind has not improved due in part to accessibility barriers; and
WHEREAS, many, including the Federation, believe that Congress intended for
the Americans with Disabilities Act (ADA) to apply to websites of those
entities
covered by the ADA when it said the ADA "should keep pace with the rapidly
changing technology of the times"; and
WHEREAS, despite such clear legislative intent, the courts of our land have
varied wildly in their opinions deciding whether the ADA covers websites,
with
some courts saying that websites and digital spaces of any entity are not
covered by the ADA, others saying that only websites of covered entities
with
a physical presence are covered, and yet other courts saying that all
websites of covered entities are covered regardless of whether those exist
entirely
in cyberspace or whether they have both physical and digital locations; and
WHEREAS, we had fervently hoped that the United States Department of Justice
would clarify these legal uncertainties when, in 2010, it published an
Advanced
Notice of Proposed Rule Making with the intention of ultimately promulgating
regulations clarifying that websites of covered entities fell within the
scope
of the ADA's protection, regardless of whether such entities existed
entirely in cyberspace; and
WHEREAS, to the great sorrow of the disability community and others, no
further action has been taken on the proposed regulations since 2010, and in
fact
the proposed rulemaking was canceled in 2017; and
WHEREAS, neither current law nor the proposed regulations from 2010 clearly
cover applications used on mobile phones and other devices; and
WHEREAS, many businesses, employers, educational institutions, and other
entities rely on third-party commercial entities, which are not currently
covered
by the law, to design and implement their websites and applications; and
WHEREAS, it has become abundantly clear that there is a critical need for
federal legislation to clarify exactly who must offer accessible websites
and
applications and how they must do it: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
we urge Congress to adopt a law requiring websites and applications of
employers, retailers, restaurants, other public accommodations, educational
institutions,
state and local governments, other public entities, and any other entity
currently covered by the ADA to be accessible to the blind and others with
disabilities
through compliance with an accessibility standard defined by Congress; and
BE IT FURTHER RESOLVED that we call upon Congress to require those
commercial entities that design and implement websites and applications and
then sell
them to all other covered entities to design and implement websites and
applications which are accessible to the blind and others with disabilities
in
compliance with the accessibility standard defined by Congress; and
BE IT FURTHER RESOLVED that this organization urge Congress to direct the
United States Department of Justice (DOJ) and the Equal Employment
Opportunity
Commission (EEOC) to develop and then promulgate an accessibility standard
in which accessibility shall mean perceivable, operable, understandable, and
robust websites and applications that enable persons with disabilities to
access the same information as, to engage in the same interactions as, and
to
enjoy the same services offered to other persons with the same privacy, same
independence, and same ease of use as nondisabled persons; and
BE IT FURTHER RESOLVED that this organization urge Congress, in the new law,
to include provisions that allow the law to be enforced by EEOC and DOJ
acting
on complaints filed with them or on their own initiative and that private
individuals and organizations may also enforce the law by instituting
private
causes of actions in our courts with the full array of legal remedies and
damages available to them.
RESOLUTION 2022-02
Regarding State Legislation Guaranteeing Fully Accessible Vote by Mail
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) prohibits
discrimination on the basis of disability in services, programs, and
activities
provided by state and local government entities; and
WHEREAS, this requirement extends to voting privately and independently by
mail; and
WHEREAS, only twenty-eight states require an accessible way to mark a
vote-by-mail ballot; and
WHEREAS, in 2022, as a direct result of the advocacy efforts of the National
Federation of the Blind of Illinois, Access Living Chicago, Equip for
Equality,
and the Illinois Council of the Blind, Illinois became the latest example
when the state's general assembly passed legislation requiring that voters
with
print disabilities be provided an accessible way to mark their vote-by-mail
ballot; and
WHEREAS, only the states of Colorado, Hawaii, and West Virginia have passed
legislation to require an accessible way for voters with print disabilities
to mark and return their vote-by-mail ballot; and
WHEREAS, voters with print disabilities in jurisdictions that do not provide
an accessible way to mark and return their vote-by-mail ballot must either
tell their choices to a sighted person and trust that person to mark the
ballot as instructed, or they must go to a physical polling place to use an
accessible
ballot-marking device: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization demand that all US states, territories, and districts that
have not yet enacted legislation to require an accessible way to mark and
return vote-by-mail ballots pass such legislation so that all voters with
print disabilities have the same opportunity to vote by mail privately and
independently
as voters without disabilities, as required by the Americans with
Disabilities Act.
RESOLUTION 2022-03
Regarding Manufacturers' Development of Accessible Medical Devices
WHEREAS, an increasing number of medical devices are being developed that
provide individuals with the ability to practice independent self-care at
home,
leading to better patient outcomes; and
WHEREAS, as stated in the study, Improved Cost and Utilization Among
Medicare Beneficiaries Dispositioned From the ED to Receive Home Health Care
Compared
With Inpatient Hospitalization, "Not only is home healthcare more effective
at improving patient outcomes, but it is also a cost-effective alternative
to hospitalization, saving both Medicare and taxpayers money"; and
WHEREAS, most medical device manufacturers are not working to integrate
nonvisual accessibility features into the design and development of these
medical
devices, leaving far too many of them inaccessible to blind individuals; and
WHEREAS, many of these inaccessible devices-such as insulin pumps, home
dialysis machines, and chemotherapy machines-are used to assist those with
critical
healthcare concerns, leaving the health, safety, and independence of many
blind Americans in imminent danger; and
WHEREAS, accessibility is relatively easy and inexpensive to implement when
it is incorporated in the design of a product from the outset and results in
a product with a multimodal interface that is more useable by everyone; and
WHEREAS, members of the National Federation of the Blind are actively
working with some manufacturers who have come to realize that the active
participation
of the blind is essential in the design and development of devices that will
be nonvisually accessible, usable, and useful to the blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization demand that manufacturers work collaboratively with the
blind to incorporate nonvisual accessibility in the design and development
of
their existing and emerging medical devices so that blind people can benefit
from the improved quality of healthcare and cost-effective alternatives to
hospitalization that they offer.
RESOLUTION 2022-04
Regarding the Rights of Blind Prisoners
WHEREAS, the Bureau of Justice Statistics identified in 2016 that 11 percent
of state and federal prisoners report having a vision disability; and
WHEREAS, the Rehabilitation Act and Americans with Disabilities Act protect
the rights of individuals with disabilities, including those who are
incarcerated;
and
WHEREAS, the United States Constitution guarantees citizens' right to due
process of law and prohibits cruel and unusual punishment; and
WHEREAS, blind prisoners nationwide have reported disparate and
discriminatory treatment by departments of corrections, including the denial
of necessary
medical care and prescriptions, failure to provide accommodations and
effective communication, lack of equal access to training and work programs,
and
inclusion among dangerous prisoners; and
WHEREAS, this disparate and discriminatory treatment has forced many blind
prisoners to purchase their own accommodations or to rely on the help of
sighted
prisoners, causing the blind prisoners to be beholden to other prisoners to
read and write mail, navigate to the dining hall and other areas, read
posted
prison rules, use the law library, prepare grievances, and complete
commissary sheets, among other tasks; and
WHEREAS, this has compromised blind prisoners' privacy and exposed them to
extortion, stealing, and other harm; and
WHEREAS, the lack of equal access to prison-based training and vocational
programs has resulted in blind prisoners' inability to earn wages, reduce
their
sentences through participation credits, and engage in work release; and
WHEREAS, blind prisoners who advocate for equal access and their other
rights risk retaliation from prison staff and receive limited to no support
from
prison ADA coordinators, ombudsmen, and state and federal lawmakers; and
WHEREAS, the National Federation of the Blind has sued on behalf of blind
prisoners in Maryland and Colorado and secured systemic relief within both
states;
and
WHEREAS, discrimination against blind prisoners persists outside of this
relief: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization demand that state and federal prisons comply with
requirements of the United States Constitution, Rehabilitation Act,
Americans with
Disabilities Act, and other state and national disability rights laws; and
BE IT FURTHER RESOLVED that this organization urge active state and federal
oversight of the treatment of blind prisoners, including the provision of
medical
care, accommodations, and effective communication; equal access to training
and work programs; and separation from dangerous prisoners.
RESOLUTION 2022-05
Regarding Discriminatory Driver's License Requirements in
Non-Transportation-Related Jobs
WHEREAS, for generations blind employees have worked effectively in jobs
that require travel by using mass transit and other forms of public and
private
transportation; and
WHEREAS, the job postings of many employers require applicants to possess a
valid driver's license to be eligible for the position, even though the
essential
functions of the position do not involve operating an automobile or other
mode of transportation; and
WHEREAS, the Americans with Disabilities Act prohibits employers from
requiring a driver's license unless one of the essential functions of the
position
includes driving; and
WHEREAS, modern job application software can automatically exclude
applicants who do not have a driver's license, denying the applicant the
opportunity
to discuss the possibility of a reasonable accommodation; and
WHEREAS, these driver's license requirements discriminate against blind
people as a class because blindness makes a person ineligible to receive a
driver's
license; and
WHEREAS, the United States Equal Employment Opportunity Commission (EEOC) is
the leading federal law enforcement agency dedicated to preventing and
remedying
employment discrimination and advancing equal employment opportunity; and
WHEREAS, Objective I of EEOC's 2018 to 2022 Strategic Plan states in Outcome
Goal I.A: "Discriminatory employment practices are stopped and remedied, and
victims of discrimination receive meaningful relief"; and
WHEREAS, since at least 2006, the EEOC has prioritized the elimination of
systemic discrimination when it created its "Systemic Initiative" which
identified,
investigated, and litigated systemic discrimination cases; and
WHEREAS, having a systematic, apparently neutral policy on driver's licenses
that eliminates disabled individuals from consideration is discriminatory;
and
WHEREAS, on June 21, 2005, the EEOC issued a memo stating, in part, that
driver's licenses can be required only where transportation of goods or
people
is the objective to be accomplished by the position; and
WHEREAS, EEOC guidance is not binding law: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization strongly urge the United States Equal Employment
Opportunity Commission to elevate the importance of eliminating the driver's
license
employment barrier by issuing a rule that clearly prohibits discrimination
by employers who require a driver's license when driving is not part of the
essential functions of a job.
RESOLUTION 2022-06
Regarding Audio Description and Text-To-Speech
WHEREAS, audio description is an auxiliary service for blind movie and
television viewers that provides narration of key visual elements such as
actions,
facial expressions, scene changes, costumes, scenery, on-screen text, and
other purely visual elements of a film or television program; and
WHEREAS, a growing number of broadcast and cable channels, as well as
streaming services, are increasing the hours of audio description they
provide in
response to federal law and regulation, legal agreements, and expanding
consumer demand; and
WHEREAS, some providers, such as cable television's The Hallmark Channel and
streaming service Amazon Prime Video, are increasingly or exclusively using
text-to-speech (TTS) voices rather than human narrators to verbalize
scripted audio description; and
WHEREAS, in some cases TTS may be appropriate, for example in purely
informational programming, but overall it is problematic for a number of
reasons:
(1) TTS often mispronounces character and place names and other important
story elements, creating confusion; (2) TTS introduces awkward or incorrect
phrasing;
and (3) the tone of the TTS narration is often at sharp variance from the
tone of the content, e.g. an overly robotic delivery for a light comedy; and
WHEREAS, regardless of how well the underlying audio-description script is
written, all of these issues and others have the effect of jolting most
blind
viewers, distracting them from the content, and forcing them to focus on the
delivery of the TTS narration, thereby defeating the purpose of enhancing
the entertainment experience for these viewers that is the very reason for
audio description; and
WHEREAS, while some providers justify the use of TTS in the name of
providing more hours of audio description, there are thousands of
professional voice
talents, including many blind professionals, who are willing and able to do
this work; and
WHEREAS, some defenders of TTS make the insulting suggestion that blind
viewers ought to be grateful for the audio-described programming that is
provided
rather than complaining about the methods by which it is done, but blind
users have every right to expect a quality audio-description experience just
as
sighted viewers have the right to expect full color, high definition,
accurate subtitles and captioning, and other markers of quality, and are not
and
would never be expected to accept an inferior viewing experience: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization demand that television channels and streaming providers
deploying audio description using TTS stop the use of this technology in the
narration of audio description for content intended for entertainment; and
BE IT FURTHER RESOLVED that this organization demand that, before resuming
any use of TTS, providers meaningfully consult with blind Americans in
determining
whether and when its use may be appropriate.
RESOLUTION 2022-07
Regarding the Participation of Individuals with Disabilities in Medical
Research
WHEREAS, federal public health policies and resource distribution are based
on data; and
WHEREAS, the Revitalization Act of 1993 and National Institutes of Health
(NIH) created guidelines for including women and racial and ethnic
minorities
in medical research; and
WHEREAS, the Revitalization Act does not require inclusion of individuals
with disabilities in NIH-funded studies, leading to an absence of data
regarding
individuals with disabilities; and
WHEREAS, blind Americans have been denied participation in critical medical
studies by research institutions based on an individual's blindness,
inaccessible
components of the studies, and the institution's refusal to provide
appropriate accommodations; and
WHEREAS, this denial of participation and subsequent lack of
disability-related data prolong ableist attitudes about disability and
further marginalize
individuals with disabilities within the medical system; and
WHEREAS, research institutions such as Johns Hopkins Disability Health
Research Center and Bloomberg School of Public Health have proposed
strategies to
increase participation of individuals with disabilities in medical trials,
including adherence to universal design principles, incorporation of
auxiliary
aids in research protocols, and establishment of a federal
disability-centered organization similar to the Office of Research on
Women's Health or the
National Institute on Minority Health and Health Disparities: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization commend those research institutions that have voluntarily
included individuals with disabilities in their definitions of inclusivity
and related research procedures and have called for national guidance to
increase the participation of people with disabilities in medical research;
and
BE IT FURTHER RESOLVED that this organization call upon Congress and the
National Institutes of Health to mandate inclusion of individuals with
disabilities
in NIH-funded research studies; and
BE IT FURTHER RESOLVED that this organization demand that all research
institutions implement policies and processes that include and accommodate
blind
individuals in medical research.
RESOLUTION 2022-08
Regarding Consent Culture
FRAMING STATEMENT - Pause and read this aloud whenever this Resolution is
discussed.
Please note that, due to the purpose of this Resolution, it contains
discussions of sexual misconduct. Its intent is that they be examples of why
this
Resolution is necessary.
WHEREAS, Consent culture affirms and normalizes the following in both social
and sexual interactions: that each individual has bodily autonomy, that the
action of asking for consent is an expected practice, that boundaries stated
in response are to be respected, that each person has the right to choose
what is comfortable for them, and that the lack of consent or a clear and
affirmative response constitutes a "no"; and
WHEREAS, consent violations, sexual misconduct, and sexual violence affect
everyone, including blind and low-vision individuals; and
WHEREAS, The Climate Assessment commissioned by the National Federation of
the Blind and conducted by the Rape Abuse and Incest National Network
(RAINN)
shows that of the respondents:
list of 5 items
. 58.8 percent believe that sexual misconduct is somewhat of a problem or a
big problem within the NFB.
. 55.7 percent have concerns about power dynamics,
. 53.1 percent have concerns about difficulty communicating, understanding,
and respecting interpersonal boundaries,
. 46.1 percent have a lack of understanding about consent, and
. 48 percent are confused about what sexual misconduct is; and
list end
WHEREAS, many of these areas of concern reported in the RAINN survey are
also concerns for the entire blindness community generally, including
interactions
not associated with Federation activities; and
WHEREAS, blind people are not only physically and mentally harmed when they
experience sexual misconduct or consent violations within the blindness
community,
they are also restricted from reaching their full potential and living the
lives they want in their quest to receive necessary blindness services; and
WHEREAS, the National Federation of the Blind is the leader in advocating
for, creating cultural change for, and promoting bodily autonomy for the
blind,
and is actively working to establish a culture of consent through advocacy,
education, curriculum development and incorporation, consent language
development,
and the implementation of accountability practices: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization call on all other providers of services for the blind to
join the Federation in incorporating consent education and language into
their
curricula, policies, and procedures to foster a more general understanding
and confidence in the blindness community around matters of consent and
bodily
autonomy.
RESOLUTION 2022-09
Regarding Accessible At-home Medical/COVID-19 Testing
WHEREAS, the COVID-19 virus continues to cause significant illness and
death; and
WHEREAS, despite all efforts to mitigate this pandemic through vaccinations
and masking, COVID-19 continues to mutate and spread around the world; and
WHEREAS, at-home tests are a critical resource in stopping the spread of the
COVID-19 virus, and no one, including blind people, should be excluded from
such important and potentially lifesaving testing opportunities; and
WHEREAS, we appreciate the current administration's effort to offer free
at-home COVID-19 tests to all Americans, but are extremely frustrated that
no
effort has been taken to ensure that blind Americans have the ability to use
any of the tests being distributed independently; and
WHEREAS, the National Federation of the Blind has been able to engage with
the administration and is currently collaborating on the development of home
COVID-19 tests that have accessible instructions and their ability to be
used independently by blind people; and
WHEREAS, our experience has shown that, given the proper commitment to
innovation, most technology available on the market can be made accessible
to those
who are blind or have low vision, including at-home COVID-19 tests; and
WHEREAS, unfortunately, based on our testing to date of the many home
COVID-19 test kits on the market, we have found only the Cue Health and
Ellume Limited
tests currently to be nonvisually accessible to the blind, and both these
kits require the use of a smartphone, leaving blind people who lack the
knowledge
and/or the technology unable to use the tests independently; and
WHEREAS, accessibility is relatively easy and inexpensive to implement when
it is incorporated into the design of a product from the outset and in
collaboration
with the National Federation of the Blind, and results in a product with a
multimodal interface that is more useable by everyone: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization strongly urge companies working to develop at-home
COVID-19 tests to work with the National Federation of the Blind to ensure
that the
tests, instructions, packaging, execution, and test results are nonvisually
accessible to blind Americans.
RESOLUTION 2022-10
Regarding Increased Funding for the Independent Living Services for Older
Individuals Who Are Blind Program
WHEREAS, the Independent Living Services for Older Individuals Who Are Blind
program (IL-OIB) is authorized under Title VII, Chapter 2, of the
Rehabilitation
Act and managed by the Rehabilitation Services Administration (RSA); and
WHEREAS, according to the RSA's Report on Federal Activities Under the
Rehabilitation Act of 1973 for Fiscal Years 2017-2020, the IL-OIB program
allows
grantees to "deliver training and independent living services to individuals
who are 55 years of age or older and whose significant visual impairment
makes
competitive integrated employment difficult to attain but for whom
independent living goals are feasible"; and
WHEREAS, in fiscal year 2020, the IL-OIB Program served 47,764 individuals
nationwide, with federal funding of $33,317,000, which is an average of
$697.53
per person served; and
WHEREAS, the RSA states in its report that these funds are used to provide
services intended to promote adjustment to blindness and assist older
individuals
who are blind with "managing activities of daily living and increasing their
functional independence by providing adaptive aids and services, orientation
and mobility training, training in communication skills and Braille
instruction, information and referral services, peer counseling, and
individual advocacy
instruction"; and
WHEREAS, the current level of funding provided through this program makes it
impossible for the nation's vocational rehabilitation agencies to provide
more than cursory access to adjustment to blindness training; and
WHEREAS, the intent of the program is to preserve or increase independence
and extend the quality of life for older blind Americans while offering
alternatives
to costly long-term institutionalization and care; and
WHEREAS, an essential element for accomplishing this goal is allowing for
access to meaningful, long-term training like that offered at a residential
center
for the blind; and
WHEREAS, in order to make that option available to older blind Americans, a
substantial increase in funding for this critical program is required; and
WHEREAS, prioritizing enhanced funding for IL-OIB by the Department of
Education and the Rehabilitation Services Administration could spur Congress
to
action on this issue: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization urge the Department of Education to request additional
funding for this much needed program in order to make substantive training
available
to older blind Americans; and
BE IT FURTHER RESOLVED that we urge Congress to amend the Rehabilitation Act
to mandate that all older blind Americans be offered the opportunity to
receive
long-term adjustment-to-blindness training at a center of their choice so
that they can reach the goal of preserving their independence, improving
their
quality of life, and allowing them to age in place as opposed to spending
the last years of their lives in a nursing home or other care facility; and
BE IT FURTHER RESOLVED that we strongly urge Congress to provide funding
sufficient to allow this choice to become a reality for all older blind
Americans
who wish to take advantage of the opportunity for true independence.
RESOLUTION 2022-11
Regarding Access to Cryptocurrency Exchanges
WHEREAS, on March 9, 2022, President Biden signed an executive order on
Ensuring Responsible Development of Digital Assets, laying out a national
policy
for digital assets with six key priorities: consumer and investor
protection, financial stability, illicit finance, US leadership in the
global financial
system and economic competitiveness, financial inclusion, and responsible
innovation; and
WHEREAS, inaccessibility is a problem among the various cryptocurrency
platforms and exchanges, as well as media platforms that report the
performance
of digital assets; and
WHEREAS, most cryptocurrency platforms and exchange services do not offer
blind or deafblind investors appropriate accessibility for signup and
account
maintenance, nor are their infographics, charts, graphs, and other data and
metadata accessible to the blind; and
WHEREAS, blind and deafblind investors should have all the benefits of data
available to other investors on cryptocurrency platforms to manage their
digital
assets: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization call upon the Administration to incorporate accessibility
in any regulation of this technology, requiring that all major
cryptocurrency
platforms and exchanges in the United States develop and implement
accessibility strategies, including web and mobile app accessibility and
other components
designed to be fully and equally accessible to blind and deafblind
consumers; and
BE IT FURTHER RESOLVED that this organization demand that cryptocurrency
platforms build their online and mobile applications in a manner that allows
blind
and deafblind users full financial inclusion, including the ability to
access the same information, engage in the same interactions, and enjoy with
equivalent
privacy, security, independence, and ease of use the same services offered
to other users.
RESOLUTION 2022-13
Regarding the Continued Denials Experienced by Service Dog Handlers When
Using the Lyft Platform
WHEREAS, Lyft is a rideshare company which offers automobile transportation
services; and
WHEREAS, according to its own terms of service, Lyft riders cannot be
discriminated against based on race, religion, or disability; and
WHEREAS, despite attempted educational efforts, service dog handlers
everywhere continue to experience ongoing and flagrant discrimination by
Lyft drivers
when traveling with their service dogs; and
WHEREAS, these denials often result in the service dog handler being
stranded in unfamiliar areas, thus compromising their safety; and
WHEREAS, these denials also result in service dog handlers being late to
important medical appointments, work, or picking up their children from
daycare,
often leading to added monetary cost and undue stress and frustration; and
WHEREAS, the process to report a Lyft denial has become increasingly
complicated due to the trip disappearing from the user's ride history; and
WHEREAS, when service dog handlers attempt to report their denial using the
Lyft platform, they are unable to provide pertinent information that will
help
to identify the driver accurately; and
WHEREAS, many drivers claim that allergies, religious beliefs, or their fear
of dogs prevent them from transporting service dog handlers and their dogs,
despite agreeing to Lyft's driver terms of service: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization condemn and deplore Lyft's continued discriminatory
practices against service dog handlers; and
BE IT FURTHER RESOLVED that this organization demand that Lyft not remove
any denied or refused trips from the rider history, and contact any person
who
submits a denial-of-service complaint within twenty-four hours and provide
the person with confirmation that the report was received and will be
addressed
with due diligence; and
BE IT FURTHER RESOLVED that this organization demand that Lyft require
prospective drivers to participate in mandatory service dog awareness
training before
being activated on its platform and that drivers be properly educated about
the Americans with Disabilities Act, with an emphasis on the two questions
that drivers can legally ask service dog handlers about their dogs; and
BE IT FURTHER RESOLVED that this organization demand that Lyft forbid their
drivers from using allergies, religious beliefs, and fear of dogs as excuses
not to transport service dog handlers and their dogs in their vehicles; and
BE IT FURTHER RESOLVED that this organization demand that Lyft permanently
remove any driver from the platform who discriminates by denying service to
a service dog handler.
RESOLUTION 2022-14
Regarding the Continued Denials Experienced by Service Dog Handlers When
Using the Uber Platform
WHEREAS, Uber is a rideshare company which offers automobile transportation
services; and
WHEREAS, according to its own terms of service, Uber cannot discriminate
against riders on the basis of race, religion, or disability; and
WHEREAS, despite past litigation and a settlement agreement with the
National Federation of the Blind, signed by Uber in April 2016, service dog
handlers
everywhere continue to experience ongoing and flagrant discrimination by
Uber drivers when traveling with their service dogs; and
WHEREAS, these denials of service often result in service dog handlers being
stranded in unfamiliar areas, thus compromising their safety; and
WHEREAS, service dog handlers are often late to important medical
appointments, work, or picking up their children from daycare, which leads
to added monetary
cost and undue stress and frustration when Uber drivers refuse to transport
them; and
WHEREAS, the process to report an Uber denial has become increasingly
complicated due to the trip disappearing from the user's ride history; and
WHEREAS, when service dog handlers attempt to report their denial using the
Uber platform, they are unable to provide pertinent information that will
help
to identify the driver accurately; and
WHEREAS, because Uber now offers a pet-friendly ride choice, many drivers
insist that service dog handlers use this feature of Uber, which is
discriminatory
because service dogs are not pets and because it results in service dog
handlers' having to pay more for rides; and
WHEREAS, many drivers claim that allergies, religious beliefs, or their fear
of dogs prevent them from transporting service dog handlers and their dogs,
despite agreeing to the terms of service of Uber: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization condemn and deplore Uber's continued discriminatory
practices against service dog handlers; and
BE IT FURTHER RESOLVED that this organization demand that Uber not remove
any denied or refused trips from the rider history, and contact any person
who
submits a denial-of-service complaint within twenty-four hours and provide
the person with confirmation that the report was received and will be
addressed
with due diligence; and
BE IT FURTHER RESOLVED that this organization demand that Uber require
prospective drivers to participate in mandatory service dog awareness
training before
being activated on its platform and that drivers be properly educated about
the Americans with Disabilities Act, with an emphasis on the two questions
they can legally ask service dog handlers about their dogs; and
BE IT FURTHER RESOLVED that this organization demand that Uber forbid their
drivers from using allergies, religious beliefs, and fear of dogs as excuses
not to transport service dog handlers and their dogs in their vehicles; and
BE IT FURTHER RESOLVED that this organization demand that Uber permanently
remove any driver from the platform who discriminates by denying service to
a service dog handler.
RESOLUTION 2022-15
Regarding the Accessibility of Peacock
WHEREAS, Peacock is a streaming service provided by NBCUniversal, which in
turn is owned by Comcast Corporation; and
WHEREAS, Peacock offers NBCUniversal shows and movies, as well as original
and third-party content; and
WHEREAS, live sporting events, such as the Olympics and World Wrestling
Entertainment programs, are also part of the Peacock content; and
WHEREAS, Peacock is not accessible to blind customers using a screen reader
to access the service, some examples of this include unlabeled buttons, lack
of organization using headings, and playback controls that are not visible
to a screen reader; and
WHEREAS, even though Peacock offers auxiliary services like audio
description for some of its content, these services are difficult, if not
impossible,
to access due to the screen-reader issues mentioned above; and
WHEREAS, Peacock can be accessed with less difficulty on Comcast's own
Xfinity and Flex platforms, but because Peacock is available to customers
who do
not have Comcast, blind users should not be forced to maintain a Comcast
subscription to have equal access, since this puts a premium on
accessibility;
and
WHEREAS, this popular streaming service has over 50 million free signups and
13 million paid subscribers, and it should go without saying that the blind
should have the same opportunities as the sighted to use its content: Now,
therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization demand that Peacock and NBCUniversal make a commitment to
full and consistent accessibility across all platforms, including initial
set-up
and using all aspects of the service; and
BE IT FURTHER RESOLVED that this organization urge Peacock and NBCUniversal
to work with the National Federation of the Blind to ensure that all Peacock
apps, its website, and all other access methods across all platforms are
fully accessible to the blind.
RESOLUTION 2022-16
Regarding Audio Description in the Web Content Accessibility Guidelines
WHEREAS, for blind Americans the lack of equal access to information
continues to be one of our greatest barriers to living the lives we want;
and
WHEREAS, audio description can be an effective tool to provide access to
visual information in video presentations; and
WHEREAS, in society today, especially in such arenas as education and
employment, there is an emphasis on presenting information visually, using
inaccessible
screen-sharing technology in both live presentations and online platforms;
and
WHEREAS, even though audio description is a good solution to the information
gap problem, many people overlook the importance of employing audio
description
when they display informational text or graphics (PowerPoint presentations,
Word documents, spreadsheets, graphics, etc.) via inaccessible visual-only
means in training videos, educational presentations, business conferences,
etc., because they view audio description primarily as a source for
entertainment
information from movies and television; and
WHEREAS, presentations that rely on the visual display of information place
blind people at a serious disadvantage, in their ability both to participate
and to acquire knowledge; and
WHEREAS, the World Wide Web Consortium recognizes the value of audio
description and has included a definition and examples of its use in the Web
Content
Accessibility Guidelines (WCAG) 2.1, but these guidelines are weak and
imprecise; and
WHEREAS, the current WCAG does not require the presenter to read shared
documents, interpret graphics, or describe other written signs or messages
that
appear on the screen but are not accessible; and
WHEREAS, if the identical informational text or graphics are presented in a
non-accessible manner in a video, existing standard WCAG (2.1, Levels A and
AA) require that this information to be described only to the extent that
those descriptions fit into "existing pauses in dialogue" which may not
allow
enough time for all of the information to be communicated; and
WHEREAS, the World Wide Web Consortium has the perfect opportunity to
strengthen these guidelines since they are currently revising WCAG; and
WHEREAS, according to its website, the US Access Board "promotes equality
for people with disabilities through leadership in accessible design and the
development of accessibility guidelines and standards," placing it in a
position to help ensure that the revised WCAG guidelines grant greater
access to
information through audio description for blind people: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization strongly urge the World Wide Web Consortium to revise its
guidelines to enhance the use of audio description in live and recorded
presentations
so that blind people have the same access to all information as their
sighted peers; and
BE IT FURTHER RESOLVED that this organization insist that the US Access
Board engage in dialogue to strengthen the Web Content Accessibility
Guidelines
to promote access for the blind to all visual information in live or
recorded presentations.
RESOLUTION 2022-17
Regarding the Accessibility of TikTok
WHEREAS, according to various websites such as Investopedia.com, TikTok is a
social media app dedicated to short-form videos of fifteen to sixty seconds
created by users, emphasizing comedy and other forms of entertainment, as
well as self-promotion and information about fashion, personal finance, and
cooking;
and
WHEREAS, TikTok is extremely popular with young people and claims to have
one billion users and growing; and
WHEREAS, to participate fully in society, blind people must have equal
access to the same social media platforms used by all to consume content and
to
contribute their own content if they wish; and
WHEREAS, according to tiktok.com/accessibility, TikTok offers accessibility
features, including photosensitive epilepsy toggle and warning, text to
speech
that reads embedded text, benefiting blind or visually impaired users,
animated thumbnails, and auto captions, but while these features are a step
in the
right direction, more features are needed to provide true accessibility; and
WHEREAS, TikTok makes no mention of following or attempting to follow any
accessibility guidelines or standards, including WCAG, the internationally
developed
and widely recognized guidelines commonly adopted by those wishing to make
digital experiences accessible; and
WHEREAS, blind and deafblind people are denied the opportunity to
participate in this medium on an equal basis with their sighted peers
because some buttons
and controls within the TikTok app have not been properly coded to interact
with screen readers, making it very difficult to access content and use
features;
and
WHEREAS, blind and deafblind content creators are denied the opportunity to
engage with followers during live broadcasts without delays or difficulties
because of the lack of accessible navigation and controls; and
WHEREAS, the accessibility barriers on the platform prohibit blind and
deafblind individuals from creating content on social media as a form of
employment,
thus helping to perpetuate the nearly 70 percent unemployment and
underemployment rate among blind people; and
WHEREAS, TikTok's website presents many other accessibility challenges,
including unlabeled elements, automatically playing videos with no obvious
mechanism
to control them, and many others; and
WHEREAS, too many videos on TikTok lack auxiliary services such as closed
captioning and audio description, making many of them inaccessible to blind
and
deafblind users because content creators need more education about the need
and use of these features: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization call upon TikTok to commit to make all of its digital
experiences, including its apps and website, fully accessible by developing
the
teams and processes necessary to comply with the industry standard WCAG 2.1
AA guidelines; and
BE IT FURTHER RESOLVED that this organization urge TikTok to eliminate the
option to forego audio description, closed captioning, and other auxiliary
services
to creators and instead allow the end user to opt in or out of these
services; and
BE IT FURTHER RESOLVED that this organization strongly urge TikTok to
partner with the National Federation of the Blind to ensure that its efforts
create
and maintain an accessible experience for blind and deafblind TikTok users
who consume and create content.
RESOLUTION 2022-18
Regarding the European Accessibility Act and Accessible eBooks
WHEREAS, eBooks now represent over 20 percent of all publications currently
sold in the United States, with publishers reporting the percentage of
eBooks
sold increasing every year; and
WHEREAS, it is possible for each of those eBooks to be fully accessible to
the blind and other persons with disabilities through the use of nonvisual
and
other access technology; and
WHEREAS, there is no law in the United States which directly mandates that
all eBooks be accessible from the beginning of their existence; and
WHEREAS, the European Union adopted the European Accessibility Act, which
requires that all eBooks-among many other goods, services, facilities-be
fully
accessible to persons with disabilities by June 28, 2025; and
WHEREAS, the law also requires the entire supply chain for eBooks
(retailers, e-commerce sites, hardware and software reading solutions,
online platforms,
digital rights management solutions, etc.) to provide accessible content;
and
WHEREAS United States publishers will be subject to the European
Accessibility Act and its requirement that eBooks be sold in an accessible
format; and
WHEREAS, work is going on right now in Europe to plan how publishers will
meet the requirements of the law by June 2025; and
WHEREAS, it only makes sense for United States publishers to engage in
similar work, not only to be eligible to sell in the large European market
but also
to embrace inclusive publishing principles and thereby expand their markets:
Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
we urge Congress to adopt a law requiring that all eBooks being sold in the
United States market must be fully accessible by June 28, 2025 and that the
law also require the entire supply chain (retailers, e-commerce sites,
hardware and software reading solutions, online platforms, digital rights
management
solutions, etc.) to provide accessible content; and
BE IT FURTHER RESOLVED that we call upon United States publishers to work
closely with their European counterparts to adopt the most robust standards,
assuring that all eBooks are born accessible wherever they are sold.
RESOLUTION 2022-19
Regarding Disqualifying Subminimum-Wage Employers from Fair Trade
Certification
WHEREAS, since 1998, Fair Trade USAR has empowered producers, promoted
sustainable livelihoods, enabled more transparent business operations, and
improved
supply chain practices; and
WHEREAS, the purchase of products with the Fair Trade CertifiedT seal has
generated $846 million to farmers, workers, and fishers who have used those
funds
to directly improve their lives and communities; and
WHEREAS, Fairtrade AmericaR is a similar organization offering similar
certification, with social standards typically at the co-op or producer
organization
level, which do not allow exploitative child labor or any discriminatory
employment practices; and
WHEREAS, when consumers purchase products which are fair trade certified by
either entity, they commonly expect that fair trade principles have been
monitored
and practiced throughout the supply chain for that product; and
WHEREAS, Section 14(c) of the Fair Labor Standards Act of 1938, as amended,
allows employers with special wage certificates from the United States
Department
of Labor to pay workers with disabilities less than the federal minimum wage
based on their disabilities; and
WHEREAS, paying subminimum wages to workers with disabilities is unfair and
discriminatory; and
WHEREAS, neither Fair Trade USA nor Fairtrade America include any mention of
Section 14(c) subminimum wages for workers with disabilities in their
certification
standards: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind in Convention
assembled this ninth day of July, 2022, in the City of New Orleans,
Louisiana, that
this organization urge Fair Trade USA and Fairtrade America to include
language in their certification standards to disqualify any applicants for
fair
trade certification who use Section 14(c) special wage certificates allowing
employers to pay subminimum wages to workers with disabilities at any point
in their supply chain.
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