Submitted by NAD on Fri, 08/06/2010 – 07:03
The U.S. Senate passed the Twenty-first Century Communications and Video Accessibility Act of 2010 (S. 3304) on August 5, 2010, by unanimous consent! Thanks to the extraordinary efforts of advocates across the country and in Washington, DC, the Coalition of Organizations for Accessible Technology (COAT), of which the NAD is a leader and steering committee member along with other disability organizations, secured a monumental step forward in accessible technology. Earlier this week, Senator Pryor (D-AR) introduced an amendment to improve S. 3304. S. 3304, as amended, was passed by U.S. Senate by unanimous consent. Like H.R. 3101, which was passed on July 26, 2010, S. 3304 will also:

◦Require captioned television programs to be captioned when delivered over the Internet.
◦Authorize the FCC to require 7 hours per week of video description on the top 4 network channels and top 5 cable channels nationwide.
◦Allocate up to $10 million per year for equipment used by individuals who are deaf-blind.
◦Require televised emergency information to be accessible to individuals who are blind or have low vision.
◦Require accessible advanced communications equipment and services, such as text messaging and e-mail.
◦Require access to Internet services that are built-in to mobile telephone devices, like smart phones, if achievable.
◦Require devices of any size to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible.
◦Require accessible user controls for televisions and set-top boxes, and easy access to closed captioning and video description.
◦And more.
For more information, see the section-by-section summary of what S.3304 (as amended) will do for us at http://www.coataccess.org/node/9776.

S. 3304 will now go to the House of Representatives. Our coalition, COAT, supports and expects the House will pass S. 3304 soon. Job well done, everyone! Like the Americans with Disabilities Act (ADA) 20 years ago, we are making history now!

From the Department of Justice’s Highlights of the Final Rules to Amend the Department of Justice’s Regulation Implementing Titles II and III of the ADA.

COMMON TO BOTH TITLE II and TITLE III

1. Adoption of the 2010 ADA Standards for Accessible Design
The Department has adopted revised ADA design standards that include the relevant chapters of the Access Board’s 2004 ADA/ABA Accessibility Guidelines as modified by specific provisions of this rule. To minimize compliance burdens on entities subject to more than one legal standard, these design standards have been harmonized with the Federal standards implementing the Architectural Barriers Act and with the private sector model codes that are adopted by most States.

2. Effective Date
The rule will become effective six months after publication in the Federal Register. Eighteen months after publication, compliance with the 2010 Standards will be required for new construction and alterations. In the period between the effective date and the compliance date, covered entities may choose between the 1991 Standards and the 2010 Standards. Covered entities that should have complied with the 1991 Standards during any new construction or alteration of facilities or elements, but have not done so by 18 months after the date of publication of the final rule, must comply with the 2010 Standards.

3. Element by Element Safe Harbor
The rule includes a general “safe harbor” under which elements in covered facilities that were built or altered in compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. Similar safe harbors were adopted for elements associated with the “path of travel” to an altered area.

4. Ticketing
The rule provides guidance on the sale of tickets for accessible seating, the sale of season tickets, the hold and release of accessible seating to persons other that those who need accessible seating, ticket pricing, prevention of the fraudulent purchase of accessible seating, and the ability to purchase multiple tickets when buying accessible seating. It requires a venue operator to accommodate an individual with a disability who acquired inaccessible seating on the secondary ticket market only when there is unsold accessible seating for that event.

5. Service Animals.
The rule defines “service animal” as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. The rule permits the use of trained miniature horses as alternatives to dogs, subject to certain limitations. To allow flexibility in situations where using a horse would not be appropriate, the final rule does not include miniature horses in the definition of “service animal.”

6. Wheelchairs and Other Power-Driven Mobility Devices
The rule adopts a two-tiered approach to mobility devices, drawing distinctions between wheelchairs and “other power-driven mobility devices.” “Other power-driven mobility devices” include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. “Other power-driven mobility devices” must be permitted to be used unless the covered entity can demonstrate that such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. The rule also lists factors to consider in making this determination. This approach accommodates both the legitimate business interests in the safe operation of a facility and the growing use of the Segway® PT as a mobility devi! ce by returning veterans and others who are using the Segway® PT as their mobility aid of choice.

7. Effective Communication
The rule includes video remote interpreting (VRI) services as a kind of auxiliary aid that may be used to provide effective communication. VRI is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images. To ensure that VRI is effective, the Department has established performance standards for VRI and requires training for users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI system.

SPECIFIC TO TITLE II

1. Residential Housing Offered for Sale to Individual Owners
Residential housing programs provided by title II entities are covered by the ADA. For the first time, however, the final rule establishes design requirements for residential dwelling units built by or on behalf of public entities with the intent that the finished units will be sold to individual owners. These design requirements are set forth in the 2010 Standards.

2. Detention and Correctional Facilities
The final rule clarifies the requirements that apply to correctional facilities. It requires three percent of newly constructed or altered cells to be accessible.

SPECIFIC TO TITLE III

1. Reservations Made by Places of Lodging
The rule establishes requirements for reservations made by places of lodging, including procedures that will allow individuals with disabilities to make reservations for accessible guest rooms during the same hours and in the same manner as other guests, and requirements that will require places of lodging to identify and describe accessible features of a guest room, to hold back the accessible guest rooms for people with disabilities until all other guest rooms of that type have been rented, and to ensure that a reserved accessible guest room is removed from all reservations systems so that it is not inadvertently released to someone other than the person who reserved the accessible room. The final rule limits the obligations of third-party reservation operators that do not themselves own and operate places of lodging. In addition, to allow the hospitality industry appropriate time to change reservation systems, the final rule gives places of lodging 18 months from the date! of publication to come into compliance with these requirements.

2. Timeshares, Condominium Hotels, and Other Places of Lodging.
The rule provides that timeshare and condominium properties that operate like hotels are subject to title III, providing guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by the public accommodation that operates the place of lodging. Such units are not subject to reservation requirements relating to the “holding back” of accessible units. They are also not subject to barrier removal and alterations requirements if the physical features of the guest room interiors are controlled by their individual owners rather than by a third party operator.

AURORA, Neb., July 28 /PRNewswire/—Hamilton CapTel and Hamilton Relay, a division of Hamilton Telecommunications, today announced that, starting August 1, for the first time captioned telephone services will be available to the residents of Massachusetts. Now, individuals who are hard of hearing will be able to “see what they say” on the telephone and not miss a word of their telephone conversations.

“Captioned telephone service has never before been available in the state of Massachusetts and we are thrilled to finally be able to offer this service to meet consumer demand,” said Frank Pozniak, Executive Director of the State 911 Department. “This service is unprecedented in our state and we have worked for years to make captioned telephone a reality for those who need it. As a result of legislation passed in 2008, starting today we are delivering enhanced technology options to make lives easier for those individuals in Massachusetts who are hard of hearing. This truly is an important milestone for our state and we are happy to be a part of this groundbreaking offering.”

Captioned telephone is similar to closed captioning on the television. Using a CapTel phone and a standard telephone line, users can listen and read what the other person on the telephone is saying to them on a large, bright screen. Captions are available in English or Spanish. The CapTel phone is free to Massachusetts residents who qualify, ensuring that everyone who may benefit from Hamilton CapTel will have access to the service.

“Relay services for individuals who are hard of hearing have been available in Massachusetts for years,” said Monna Wallace, Director of Programs for the State 911 Department. “We are now taking the next step forward by delivering captioned telephone services throughout the state. We are excited to add Hamilton CapTel to our list of available relay services, addressing the requests of many users throughout the State.”

For more information about how to access Hamilton CapTel and apply for a CapTel phone in the state of Massachusetts, please call toll-free,1-800-300-5658. Or you can find out more about Hamilton CapTel on-line at: www.HamiltonCapTel.com or www.MassRelayEDP.com.

“We are thrilled to offer this service in Massachusetts and to deliver freedom and greater independence for individuals who have difficulty
hearing on the telephone,” said Dixie Ziegler, vice president of Hamilton Relay. “Captioned telephone exists because every call is important. Our mission is to provide users with a top quality telephone experience, eliminating the frustration of trying to understand what is being said during a call.”

About MassRelay

MassRelay is a 24/7 service that enables people using a standard telephone to communicate with people who are deaf, hard-of-hearing, or have difficulty speaking. CapTel service in Massachusetts will be funded by the E911/ Disability Access surcharge that is assessed on landline and wireless phones, and is part of the disability access program administered by the State 911 Department.

About Hamilton CapTel

Hamilton CapTel is a service of Hamilton Relay, a division of Hamilton Telecommunications, a diversified communications and technology services provider based in Aurora, Neb. Founded in 1901, HamiltonTelecommunications has grown to encompass eight primary company divisions allowing Hamilton to operate on a local, regional and national basis. For more information about Hamilton CapTel, please visit: www.hamiltoncaptel.com.

CapTel is a registered trademark of Ultratec, Inc

• A Massachusetts resident
• Between the ages of 21 – 60
• Marital status is not a factor
• Using a wheelchair for 100% of your active daily mobility

You could be crowned as the new Ms. Wheelchair Massachusetts 2011!

Sunday, November 7, 2010
“Carson Place” at the Bayside Expo Center
180 Mt. Vernon Street
Boston, MA 02125
10 a.m. to 5 p.m.

Ms. Wheelchair Massachusetts is NOT a beauty contest. Contestants are judged on their accomplishments, self-perception, and communication skills in the following:

• Personal Interviews
• On-stage Interviews
• Platform Speech

The winner will compete at Nationals for the title of Ms. Wheelchair America 2012!

Entry fee is $150 per contestant. Contestants are encouraged to solicit sponsorship to cover this fee. Scholarships are available if this cost is prohibitive. Fee includes lunch for contestant and companion and gift bag.

APPLICATIONS MUST BE RECEIVED BY October 21st 2010

For more information or to apply, contact Autumn Grant at 774-501-1185 or email: mswheelchairmass06@yahoo.com. Please stop by our website at www.mswheelchairmass.org and check out our Face book page Ms. Wheelcahair Massachusetts Foundation.

Meet current and past title holders and contestants at this year’s pageant!

Emily Berl for The New York Times

Published: July 18, 2010

New York City has given pedestrians more time to cross at more than 400 intersections in an effort to make streets safer for older residents. The city has sent yellow school buses, filled not with children but with elderly people, on dozens of grocery store runs over the past seven months. [continued …]

Did you know that the third week of June is National Deaf Blind Awareness week?  

In 1984, President Ronald Reagan signed a proclamation to recognize and enhance the awareness of the Deafblind throughout the United States.  

Fast forward to 2010, Governor Deval Patrick signed a proclamation recognizing Deaf Blind Awareness week from June 27 – July 3, 2010.

This means that Deaf Blind Awareness week will now be officially recognized every year in Massachusetts!
 
Enclosed is a copy of the proclamation:

PROCLAMATION:MASSACHUSETTS DEAF-BLIND AWARENESS WEEK
JUNE 27 – JULY 3, 2010

 

 

 

WHEREAS…            Massachusetts is highly accomplished, respected, and well-known for its services to deaf-blind children, youth, and adults, and
 
WHEREAS…            It is highly appropriate and necessary to publicize to others the abilities and potential of fellow citizens who are deaf-blind, or severely visually and hearing impaired, and to recognize them as an example of courage, hope, determination and achievement, and
 
WHEREAS…            It is in the interest of the Commonwealth of Massachusetts to encourage the full participation of all Massachusetts citizens in our economy by fostering and promoting education, employment, housing, and recreational options for people who are deaf-blind, thus maximizing their opportunities for a productive life in the community and lifestyle of their choice,Now, therefore, I, Deval Patrick,  governor of the state of the Commonwealth of Massachusetts IN RECOGNITION THEREFORE, DO HEREBY PROCLAIM, JUNE 27 –  JULY 3, 2010 as “MASSACHUSETTS DEAF-BLIND AWARENESS WEEK.”
 
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the state of           to be affixed this           day of           _, 2010.

http://www.mass.gov/?pageID=eohhs2modulechunk&L=5&L0=Home&L1=Consumer&L2=Disability+Services&L3=Services+by+Type+of+Disability&L4=Deaf%2c+Late-Deafened%2c+and+Hard+of+Hearing&sid=Eeohhs2&b=terminalcontent&f=mcdhh_c_sg_deaflinks&csid=Eeohhs2

Take some time this week to share the proclamation and spread awareness of Deafblindess, its culture and history!

Massachusetts Resources serving Deafblind:

As we celebrate Deaf Blind Awareness week, would like to express appreciation for the following programs which have worked with the Deafblind community.
Thank you so very much for your support!
 
Advocates Inc

American Association of the Deaf Blind

Bristol Community College ASL and Deaf Studies

Cape Organization  Rights for the Disabled (CORD)

Center for Living and Working (All locations)

Clarke School for the Deaf         

Clarke Schools for Hearing and Speech

Children’s Hospital Deaf and Hard of Hearing Program

The Children’s Center for Communication, Beverly School for the Deaf

The College of the Holy Cross Deaf Studies Program

Deaf Blind Contact Center

Deaf Blind Community Access Network

Deaf Inc (All locations)

Deaf and Hard of Hearing Mainstreamed Programs K-12 (statewide)

Foundation Fighting Blindness

Easter Seals of Massachusetts

Helen Keller National Center  

Horace Mann School for the Deaf

Holyoke Community College – Deaf Studies

The Learning Center for Deaf Children (All Campuses)

Masschusetts Executive Office of Health and Human Services

Massachusetts Commission for the Blind

Massachusetts Commission for the Deaf and Hard of Hearing

Massachusetts State House ADA Acesss Office

Mass Equipment Distribution Program (Mass EDP)

The Museum of Fine Arts Boston

New England Center for Deafblind Project

New England Homes for the Deaf and Thompson House

North Suffolk Mental Health

Northeast Independent Living Program (NILP)

Northeastern University ASL/Interpreting Program

Northern Essex Community College Interpreting Program

Perkins School for the Blind

Stavros

Universal Access Program

Waltham Committee, Inc

Wheelock Family Theatre

Willie Ross School for the Deaf

Verizon Center for Customers with Disabilities

Very Special Arts of Massachusetts

Be sure to thank your Senators and Representatives for supporting the proclamation!

Want to know more about Deafblindess?

AADB American Association for the Deaf Blind http://www.aadb.org/FAQ/faq_DeafBlindness.html

Frequently Asked Questions (FAQ)

http://www.deafblindinfo.org/start/faq

New England Center for Deafblind Project

www.necdbp.org

Massachusetts Commission for the Blind – Deafblind Unit

http://www.mass.gov/?pageID=eohhs2terminal&L=5&L0=Home&L1=Consumer&L2=Disability+Services&L3=Services+by+Type+of+Disability&L4=Blind+Services&sid=Eeohhs2&b=terminalcontent&f=mcb_c_deaf_blind&csid=Eeohhs2

 

Resource List from the Massachusetts Commission for the Deaf and Hard of Hearing

You can also find this and other helful resources on our Resource Links page

When it comes to high-tech gadgets like the iPad, most people see a sleek multi-media entertainment platform, but Prof Gregg Vanderheiden sees other potential possibilities for the new Apple touch-screen device.

Vanderheiden, director of the Trace Research and Development Center at the University of Wisconsin at Madison, says the iPad could be an important tool for people with speech problems and other disabilities.

“Say you have somebody who’s had a stroke, for example, and they wake up and they can’t communicate… Instead of buying a 5,000-dollar communications aid you take out your iPad and download an app and—bam!—they can communicate,” he told AFP.

The Trace Center helps those who are unable to speak and cannot communicate properly, and researchers from the center, including Vanderheiden, are excited about the potential the iPad is showing for a relatively-low cost communications tool.

Karen Sheehan, the executive director of the Alliance for Technology Access, a California-based group that looks for ways to expand technology to allow those with disabilities to live better qualitative lives, said there is much interest in the iPad.

People with autism, spinal injuries, cerebral palsy or ALS, and stroke victims could all possibly benefit from the iPad—“Anyone who’s non-verbal and needs a device to speak for them,” said Sheehan.

There are many useful communications tools available for helping those with disabilities, “but they tend to run into the thousands of dollars, which can be prohibitive for a lot of people,” said Sheehan. The iPad can be turned into a very inexpensive communications tool that does the same job as many of the more expensive medical devices.

AssistiveWare is one company that has adapted communications applications for the iPhone and iPod Touch. Their “Proloquo2Go” app has been revamped to also work with the iPad and is available at Apple’s App Store for less than $200.00.

“Proloquo2Go” works by allowing users who have difficulty speaking to communicate using symbols to represent phrases. They can also type in what they want to say and the words can be converted to speech using text-to-speech technology with a natural sounding voice.

The iPad’s large screen makes it more useful to a wider range of people than the iPhone and iPod Touch, said Sheehan. “They’re such a small area and for someone who has limited fine motor it’s hard to hit small icons… It’s easier on the iPad to just click on an icon to say ‘I want juice,’ or ‘I want to watch a movie.”

Joanne Castellano, the director of New Jersey-based TechConnection, which provides “assistive technology” solutions to people with disabilities, said that the iPad seems like a very useful tool and although the touch-screen controls are part of the attraction of the gadget, it could prove to be a challenge for some people with disabilities.

“The way you have to pinch some things with your thumb and your forefinger—that movement might be a problem for some people,” she said. “But to turn the page of a book you just have to swipe it so that could be very helpful.”

Dan Herlihy of Connective Technology Solutions told AFP he planned on getting the iPad to use with other tools he utilizes to address the needs of people with disabilities. “And I can already think of about half a dozen things I’ll run on it,” he said.

Vanderheiden said the iPad is a “great platform—small, inexpensive, a lot of power, a long battery,” but its greatest contribution to the needs of the disabled may be from the applications built for the device.

“They offer the opportunity for just tremendous, unprecedented innovation.”

As a rural carrier associate for the U.S. Postal Service in Albuquerque, N.M., Imelda Hernandez was given an “arrow key” that opened every customer mailbox in Albuquerque. Mail carriers were required to keep the key attached to their clothing by a chain at all times while on duty and turn it in daily on completion of duty.

On May 22, 2006, Hernandez did not hear her key drop while on her mail route because of profound hearing loss, a fact she had noted on her employment application. A co-worker subsequently informed their supervisor that Hernandez had lost her key and that he had lent her his key to finish her route.
A customer discovered the key two days later.

Under the postal service’s collective bargaining agreement, Hernandez had not completed her probationary employment and therefore was an at-will employee whose employment could be terminated for any nondiscriminatory reason. When her supervisor interviewed Hernandez about the incident, she admitted she lost the key and that it was not attached to her clothing while she was delivering the mail. As a result of her admissions, her supervisor terminated Hernandez.

Hernandez asserted that she was hired with full knowledge on the part of the postal service that she was hearing impaired. Hernandez claimed the postal service fired her without any effort to accommodate her disability and no dialogue intended to address her need for disability accommodation. Having been blamed for an accident that was purely the result of her hearing loss,
Hernandez argued that the circumstances raised the question of whether the she was terminated in violation of the Americans with Disabilities Act (ADA).

The postal service contended there were legitimate, nondiscriminatory reasons for terminating Hernandez. Noting there was no evidence Hernandez requested accommodation relating to her hearing loss, the district court agreed and granted the postal service summary judgment.

Although Hernandez described one conversation she allegedly had with another postal service employee who told her that she, too, had lost a key but was not fired, the 10th Circuit found that Hernandez presented no evidence that this employee was similarly situated to her. There was no evidence demonstrating whether the employee was on probation when the key was lost, when the alleged loss happened, who supervised the employee or any other evidence indicating that the circumstances were comparable to Hernandez’s. “Similarly situated employees are those who deal with the same supervisor and are subject to the same standards governing performance evaluation and discipline.”

Hernandez further claimed that she was terminated because her “supervisors wanted her out of the way in case there were inquiries from higher up” because the circumstances of the loss of her key would reflect poorly on them. However, the 10th Circuit observed that a supervisor’s wish to hide his mismanagement is not illegal discrimination. “Title VII does not prohibit an employer from making hasty decisions that appear harsh; what it forbids are decisions made with discriminatory animus.”

Although Hernandez believed that she should have been treated differently because she had a hearing problem and did not hear the key drop, the 10th Circuit found no inference of discrimination by the postal service on any basis and affirmed the lower court’s ruling.