Fw: [Blind Ambitions Groups] ACB Speaks to the Justice Department
george bybee
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From: "ms gilkerson" <gilker...@sbcglobal.net>
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Sent: Friday, March 18, 2011 6:51 AM
Subject: [Blind Ambitions Groups] ACB Speaks to the Justice Department
>
> PRESIDENT'S MESSAGE:
> ACB Speaks to the Justice Department
> by Mitch Pomerantz
>
> In July 2010, the United States Department of Justice (DOJ) issued four
> Advance Notices of Proposed Rulemaking (ANPRM's) regarding proposed
> changes to Titles
> II and III of the Americans with Disabilities Act (ADA). The four ANPRM's
> under consideration were: Accessible Web Information and Services; Movie
> Captioning
> and Video Description; Accessibility of Next Generation 9-1-1; and
> Accessible Equipment and Furniture.
>
> Release of the ANPRM's marked the beginning of a comment period during
> which all interested parties had the opportunity to provide input
> concerning those
> proposed rules. (The comment period concluded on January 24th.) Both
> written and oral comments were accepted and I want to thank and
> acknowledge the efforts
> of a working group that I asked to draft ACB's written responses. This
> group included Paul Edwards, Kim and Brian Charlson, Mark Richert, Pratik
> Patel,
> Eric Bridges and Judy Jackson.
>
> Along with written comments, DOJ conducted three public hearings -- in
> Washington, D.C., Chicago and San Francisco -- to take testimony regarding
> the aforementioned
> ANPRM's. The latter hearing took place on January 10th and I was able to
> follow the proceedings on the Internet and to testify representing ACB via
> telephone.
> I borrowed heavily from the working group for my remarks. The remainder of
> this month's column is taken up with my comments to the Justice Department
> officials.
>
>
> My name is Mitch Pomerantz and I am the president of the American Council
> of the Blind. ACB is a major national grass-roots consumer advocacy
> organization
> with 70 state and special-interest affiliates throughout the nation. I
> wish to thank the United States Department of Justice and especially John
> Wodatch
> for the opportunity to briefly address some of our general concerns
> relative to the recently issued ANPRM's. More extensive written comments
> addressing
> specific concerns will be forthcoming.
>
> ACB believes that regulations must be drafted which recognize the
> convergence of Section 508 of the Rehabilitation Act, Section 255 of the
> Telecommunications
> Act, and the recently enacted 21st Century Communications and Video
> Accessibility Act (a bill sponsored by the American Council of the Blind).
> Without
> taking such laws into consideration, the department will be developing
> standards which will be irrelevant because effective communication will be
> thwarted.
> ACB would argue it is time that the ADA acknowledge these federal laws
> which have begun creating standards of accessibility.
>
> ACB recognizes the department's efforts to date to clarify that the ADA
> requires access to web information and services. If blind and visually
> impaired
> people are to compete on equal terms with our sighted peers, regulations
> must be promulgated which guarantee access to web sites operated by both
> Title
> II and Title III entities.
>
> The department should clarify that audio description is an auxiliary aid
> and service which assures effective communication. It is not a fundamental
> alteration
> of a theater's service and should be acknowledged in the regulations.
>
> Let me comment here that the term "video description" is wholly
> inappropriate given that since 1981, the generic phrase referencing the
> use of language
> to provide access to visual images has been "audio description." It is
> essential that the department adopt audio description as the only
> appropriate term
> to describe this method of effective communication.
>
> ACB believes that DOJ should unequivocally state that the accessibility of
> equipment is an inherent component of making programs, activities and
> places
> of public accommodation accessible. We are convinced that people with
> disabilities have waited long enough for a clear statement by the
> department that
> there is an affirmative obligation to assure that equipment used to
> provide access to programs and services under Title II and equipment being
> employed
> in places of public accommodation under Title III must, within the
> constraints contained in both titles, be accessible.
>
> Further, since virtually every piece of equipment today makes use of
> computers or is directly connected to the Internet or accessed wirelessly
> or via remote
> control, we must move beyond looking at equipment in a "stand-alone"
> context. The accessibility of computers, whether in home appliances or
> public kiosks,
> must be a basic consideration in any regulations developed for equipment
> accessibility. It is no longer appropriate to see the regulation of
> equipment,
> the web and audio description as separate endeavors. All three of the
> ANPRM's of particular interest to blind and visually impaired people
> overlap. It
> is time that the department consider adoption of general principles that
> clearly articulate the convergence which the computer chip has created.
>
> In conclusion, the Department of Justice must take this opportunity to
> absolutely articulate that there is a categorical requirement for
> equipment accessibility
> which applies equally to state and local governments and to places of
> public accommodation. The department must champion principles of universal
> design
> which will, within a reasonable time frame, require Title II and III
> entities to acquire equipment that is accessible. ACB is certain that if
> the Department
> of Justice adopts this unequivocal general principle, we will get to a
> place where equipment accessibility will assume the place it should as a
> civil right
> for all people with disabilities. Thank you.
>
> --------------------------------------------------------------------------------
>
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>
> Victoria E. Gilkerson
> gilker...@sbcglobal.net
>
>
> [Non-text portions of this message have been removed]
>
>
>
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Marilyn Bland
Hope all are well. We have had very little mail over the last while. What's
news out there? I'm thankful it's getting warmer - I hate the cold - so
these in-between days are fabulous.
Take care all. I'm taking Poko to have her nails clipped soon. Pats and
scratches behind the ears to all our marvelous guides.
Marilyn and Poko.
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