[Ohio-Talk] Assistive Listening Devices at the State Capitol

[Todd Elzey]

Good morning. As you may have seen already on Ohio Talk, several of us went
to the State Capitol to testify on our Parental Rights legislation, SB 202.
I have testified before numerous legislative committees over the years in
several different states, but everytime I do I am struck by how we as
everyday citizens have the power to shape the laws that impact us through
both elections and directly lobbying our representatives. This right is
something that many around the world can only dream about and have fought
and died to try to obtain. But as a person with a hearing loss, I am also
struck by how we as a society still do not make this right equally
accessible to all. Despite the Title 2 requirements of the Americans with
Disabilities Act, many Legislative proceedings still do not have Assistive
Listening Devices for citizens with hearing loss.

The first time I testified in Ohio I could not find any information on the
availability of Assistive Listening Devices at the State Capitol. The
second time I testified, I finally figured out who was responsible for the
ALDs and obtained one, but it was hearing aid compatible and didn't work
well. Since then I have been quietly pushing the Capitol Square Review
Advisory Board (CSRAB), who is responsible for Capitol facilities
management, to fix their Assistive Listening Device Systems, improve
awareness of the availability of the system, and to fix problems with the
process for obtaining Assistive Listening Device receivers, which has
become quite complex.

Despite nearly a year of work on this issue, there has only been slight
progress. Yesterday in hearing room 121 I was able to use a brand new ALD
system that worked fantastic. But CSRAB still is not properly advertising
the availability of the system, and the process for obtaining a receiver is
complex and for many would be unworkable. Plus receivers are currently
supposed to be distributed by staff who is untrained in Assistive Listening
Devices, and is generally inaccessible to the public during meetings. In
addition, I was informed yesterday that some hearing rooms now have no
Assistive Listening Devices at all because antenna wiring, which is behind
walls, needs to be fixed. In response to the current issues, I sent an
email to CSRAB that was copied to Disability Rights Ohio and the Hearing
Loss Association of America calling upon CSRAB to meet with advocates to
resolve the ALD issues once and for all. I have included a copy of that
email below.

I am still reaching out to other advocacy organizations that might be
interested in this issue, so if you are aware of an organization that might
be able to help, please let me know about them. In addition, it would be
great if you could write your Legislator and tell them about the importance
of having ALDs at legislative meetings, let them know the current problems
with the current system at the Capitol, and ask them to encourage CSRAB to
work with us to resolve these issues expeditiously.

Please be polite and appreciative in contacting your Legislators on this
issue. My sense is that CSRAB wants to fix this issue. They just are
struggling with how, and there may be some bureaucratic issues involved
between CSRAB and the Legislature, which are slowing progress. So, this
campaign is designed to give CSRAB and the Legislature just a little nudge
to push them to make this a priority rather than a back-burner issue. As
always, personal stories, particularly if you have a hearing loss yourself,
will help this cause.

Thanks, and please let me know if you have any questions, and again the
content of the most recent email to CSRAB is below.

CSRAB Email:

Ms. Battocletti:

Good afternoon. First, I want to thank Mr. Finck for meeting me at the
hearing room today to connect me with the room's Assistive Listening Device
System. I am pleased to report that when Representatives remembered to
activate their mics, the system worked fantastic. I used a neckloop with
the ALD receiver and it provided fantastic sound.

Now let me see if I can explain the importance of this. Today's hearing did
not go as planned. During the lead-up to my testimony, Senators Bob Hacket
and Nickie Antonio introduced the legislation that I was there to testify
on. Following their presentation, several Representatives asked the
Senators questions about the bill that we as advocates had never heard
before. These questions required me to modify my testimony on the fly to
address the previously unknown issues that were raised. Had I not had the
ALD system, not only would I have not heard the Senators' presentation, I
would not have heard any of the questions that they were asked. Thus I
would not have known about the new issues that were raised and I would not
have been able to address them in my testimony. This would have put me at a
severe unfair disadvantage compared to others who can hear the presentation
normally.

I raise this because both you and Mr. Finck have indicated that there
remain some issues in other hearing rooms. Mr. Finck indicated that somehow
antenna wires in the walls for those rooms were cut/became non-functional.
I gather that since the wires are in the wall it is going to take time and
work to fix the issues. However, these problems do not negate the
Legislature's obligations under Title II of the Americans with Disabilities
Act of 1990 to ensure that its committee hearings are accessible to
individuals with hearing loss.

As I see it, until the hearing rooms with non-functional wires are fixed,
the Legislature has two options. First, the House and Senate could decide
to simply not use the inaccessible rooms and limit all hearings to rooms
that have functional assistive listening devices. Second, the Legislature
could elect to install temporary ALD transmitters in the rooms that have
the non-functioning wiring. I am assuming these rooms have independent
sound systems for mics and the Ohio Channel transmissions. The temporary
transmitters could be hooked directly into the system used for the mics.
But regardless of how the Legislature decides to address the issue, the
Legislature is obligated to ensure that all committee hearings and floor
sessions are accessible to those with hearing loss who wish to attend them.

In addition, as I have previously stated, even with the current maintenance
problems the Legislature is facing, there is absolutely no excuse for not
having information regarding the availability of ALDs and how to access
them prominently available on the Legislature's website(s). I implore you
to get this information up and available immediately.

I also noticed that Mr. Finck put a sign up on the cabinet where the ALD
receivers and other legislative items were stored. This sign indicated that
the room had an assistive listening device. While this is a step in the
right direction, this sign's location isn't exactly eye-catching. It is not
a spot most people would think to look for an ALD sign. I would strongly
urge CSRAB to install signs at the door of every hearing room that is
equipped with an ALD indicating the availability of an ALD. Of course, the
signs should also include both print and braille notifications so that this
information is available to both sighted and blind visitors with hearing
loss.

Finally, we still need to revisit the distribution procedure. I again paid
special attention today to the availability of Committee aids. For the most
part, without knowing who they are, a citizen coming in would not know to
ask them for an ALD. In fact, they are not accessible as they are almost
always up where the Legislators are sitting. In addition, you indicated
that the Sergeant-At-Arms is also available to provide ALD receivers.
Again, I could not identify anyone in today's hearing that was clearly a
Sergeant-At-Arms. I would not have been able to even guess who in the room
was filling that role, unless it was again one of the people sitting behind
the Chairman, Vice-Chair, and Ranking Member. If so, this person is again
completely inaccessible to those in the audience. Finally, as I believe we
have previously discussed, I gather that both Committee Staff and the
Sergeant-At-Arms do not have any training or experience in how to use the
ALD system. Consequently, I gather they would be completely unable to help
someone were to have a problem with the system. Consequently, for all of
the foregoing reasons it is currently completely inappropriate to be
relying on Committee Staff and Sergeant-At-Arms for distribution of ALD
receivers.

As you can see, despite today's successful usage of the ALD system in
Hearing Room 121, there are numerous significant issues that still need to
be resolved. So I am once again proposing that we meet regarding these
issues. You will note in the header of this email I have included members
of Disability Rights Ohio and members of the Hearing Loss Association of
America in this correspondence. It is my hope that we can all work together
cooperatively to find solutions to the current situation that ensures
accessibility of the Legislature's proceedings for citizens with hearing
loss.

Thank you and I look forward to hearing your response to these issues and
my request to meet.

Sincerely,

Todd Elzey