Deaf Rights Movement History with the Disability Rights Movement

The 'Deaf Rights Movement' encompasses a series of social movements within the disability rights and cultural diversity movements that encourages deaf and hard of hearing people and society to adopt a position of respect for Deaf people, accepting deafness as a cultural identity and a variation in functioning rather than a communication disorder to be cured. (wikipedia - Deaf rights movement )

"Through Deaf Eyes" is a two-hour HDTV documentary for PBS exploring nearly 200 years of Deaf life in America. The film presents the shared experiences of American history family life, education, work, and community connections from the perspective of Deaf citizens.

Interwoven throughout the film are six short documentaries produced by Deaf media artists and filmmakers. Poignant, sometimes humorous, these commissioned stories bring a personalized sense of Deaf life in America to the film. Through first person accounts and the film as a whole, THROUGH DEAF EYES tells the story of conflicts, prejudice and affirmation that ultimately reaches the heart of what it means to be human.

THROUGH DEAF EYES has a dedicated PBS website, with more resources to explore:

http://www.pbs.org/weta/throughdeafeyes/index.html

YouTube Published by ASL IVC (I do not own the rights to this video.)

Sign languages are an important part of Deaf culture.

The National Association of the Deaf (NAD) is another great resource. The NAD is the nation's premier civil rights organization of, by, and for deaf and hard-of-hearing individuals in the United States of America. https://www.nad.org/

(if any other resources to be considered for additions to this post, please contact us)

Super Bowl 2017 National Anthem and “America The Beautiful” in American Sign Language (ASL)

On behalf of the National Association of the Deaf (NAD), actor Kriston Lee Pumphrey will perform in American Sign Language both the National Anthem and “America The Beautiful”.

Kriston Lee Pumphrey, an anchor at sign language channel DPAN-TV, performed both the National Anthem and "America The Beautiful," at the Super Bowl LI (51), alongside country music superstar Luke Bryan Feb. 5 in Houston.

YouTube published by BennettASL | Feb. 5, 2017

"One of the reasons why DPAN-TV was established is because we feel deaf people should have access to information," In s statement  Pumphrey said. "People don't realize the deaf community misses out on a lot of things going on in the world and in the news. And, to be on a national stage, this is a huge deal for us".    

Kriston Lee Pumphrey is a performing artist who is working as a news anchor at the Deaf Professional Arts Network (DPAN-TV). Kriston Lee graduated from the Rochester Institute of Technology in 2009 with a degree in business and communication. Kriston Lee co-founded ColorFest, a Deaf LGBT leadership conference for college students that is hosted both at Gallaudet University and the National Technical Institute for the Deaf. Kriston Lee is involved in various community related advocacy work and currently serves on the board of a D.C. based nonprofit organization that strives to end sexual assault and domestic violence within the Deaf and Hard of Hearing community. (source: National Association of the Deaf (NAD) )

Daniel Kevin Harris Who Was Deaf, Fatally Shot to Death After N.C. Trooper Traffic Stop, UPDATE with video of start of chase

A North Carolina state trooper killed a deaf man last week after an attempted traffic stop, authorities and neighbors said Monday.

State trooper Jermaine Saunders shot Daniel Kevin Harris (photo) to death on Thursday after what North Carolina Bureau of Investigation described in a statement as "an encounter."

report by Tim Stelloh and Carolina Gonzalez for NBC News | Aug. 22, 2016

The bureau, which is investigating Harris' death, did not provide additional details. In an earlier statement, the North Carolina Highway Patrol said that the trooper tried to pull over a Volvo for speeding.

A brief pursuit followed, the statement says, and the driver, who is not identified, left his car.

"An encounter took place between the driver and the trooper causing a shot to be fired," the statement reads. The driver died at the scene, the statement adds, and the trooper was placed on administrative leave.

But a neighbor of Harris', Mark Barringer, who witnessed part of the confrontation, criticized the trooper's handling of the pursuit.

"They should've deescalated and been trained to realize that this is an entirely different situation," Barringer told NBC affiliate WCNC. "You're pulling someone over who is deaf. They are handicapped."

Howard Rosenblum, CEO of the National Association of the Deaf, said in a statement to NBC News that "there have been too many incidents with tragic consequences between law enforcement officers and deaf people."

Too often, Rosenblum said, officers order deaf people to comply with verbal commands — then act aggressively when they don't.

"This has led to many physical altercations between law enforcement officers and deaf individuals over the years, with some resulting in death," he said.

Intensive training should be required for officers, Rosenblum said, and some should be trained to communicate with people who are deaf or hard of hearing.

On a crowdfunding page said to be set up by Harris' family, a post says that any additional funding raised for a memorial will go toward educating and training law enforcement.

The page says that Harris was unarmed when he was killed by the trooper, although authorities didn't comment on whether he had a weapon or not.

The post adds that states should change their DMV registration systems so that a police stop triggers an alert showing that the person is deaf.

"With this change," the post says, "Daniel will be a hero in our Deaf community."

FOR A VIDEO REPORT BY NBC NEWS, VISIT: http://www.msn.com/en-us/news/us/nc-trooper-fatally-shoots-deaf-man-after-traffic-stop/ar-BBvVDA4#image=1
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UPDATE 08/26/2016
WSOCTV.com has posted the Raw Cellphone Video of the start of a portion of the pursuit that ended in the shooting death of Daniel Kevin Harris.

For the full report visit WSOCTV.com at: http://www.wsoctv.com/news/local/exclusive-video-shows-what-appears-to-be-part-of-chase-before-trooper-shoots-kills-deaf-man/429858803
(if video is removed or does not play please let us know in comments -TY)

Deaf Woman Sues North Dakota Courts and Police for Discrimination

as posted on the National Association of the Deaf (NAD) website on June 14, 2016.

Jamestown, North Dakota – Christine Stein was wrongfully arrested and jailed after calling 9-1-1 to seek help from law enforcement, because she is deaf. To ensure this never happens again, she has filed suit in federal court alleging that the Supreme Court of North Dakota, the North Dakota State Court Administration, the City of Jamestown, Stutsman County, Chief Judge Gerald VanWalle, and Judge Timothy Ottmar discriminated against her on the basis of disability in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. In a separate, but concurrently filed federal lawsuit, Stein alleges that the City of Jamestown and Officer Brian Davis violated her Constitutional rights in arresting her without probable cause.

On May 25, 2015, Stein dialed 9-1-1 through a relay system that uses sign language interpreters and sought assistance with a suicidal man in her apartment. Rather than providing the needed assistance, law enforcement disregarded the suicidal man and instead improperly arrested and jailed Stein. Stein repeatedly requested that law enforcement, jail personnel, and the court system provide sign language interpreters so that she could communicate effectively but all of these entities denied her requests. Without ever being provided with an opportunity to make a call to her employer or her loved ones, Stein was held in solitary confinement and then forced to appear in court without any means of communication.

After her release, Stein again sought assistance from the Jamestown Police to evict the suicidal and unwanted guest who remained in her home. However, the police again refused to help. For two weeks Ms. Stein was unable to return to her home because the man remained in her apartment against her wishes. The police only agreed to assist and evict the unwanted guest when Ms. Stein brought a hearing person with her to the police station to help communicate the situation. With communication cleared up, all criminal charges were ultimately dropped against Stein.

Federal law requires all public entities to ensure effective communication with individuals who are deaf and hard of hearing. The failure to provide any means of communication is discrimination based on disability.

“The police and courts are supposed to render assistance to all citizens including those who are deaf, especially with protecting them in their own homes,” said Howard A. Rosenblum, CEO of the National Association of the Deaf which represents Stein along with Gilbert Law and Stein & Vargas, LLP. “We are pursuing this case to ensure that never again will a deaf person feel unsafe in their own home, or be arrested for seeking police assistance.”

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Heather Gilbert is an attorney as well as a court-certified interpreter. She is the President of Gilbert Law PLLC, a deaf-friendly law firm based in St. Paul, Minnesota.

The National Association of the Deaf (NAD) is the nation’s premier civil rights organization of, by, and, for deaf and hard of hearing individuals in the United States.

Stein & Vargas, LLP is a civil rights firm based in Washington, D.C. and committed to the principle that all people have full and equal access to all parts of society.

https://nad.org/news/2016/6/deaf-woman-sues-north-dakota-courts-and-police-discrimination

 # TY to Ability Chicago Info blog visitors for sharing the above info!!!

Marlee Matlin disappointed by Super Bowl TV snub of National Anthem in American Sign Language

article written & published by SFGate on February 9, 2016
Deaf actress MARLEE MATLIN was “genuinely surprised” to discover her stint signing for LADY GAGA at the Super Bowl was cut from the TV broadcast.

The Oscar winner took on the job of translating the singer’s performance of the U.S. National Anthem into American Sign Language on behalf of the National Association of the Deaf during the football extravaganza in Santa Clara, California on Sunday.

However, Matlin later found out her role had not been featured in the TV broadcast, and she fears millions of hearing-impaired viewers missed out.

“(I had a) huge number of responses on social media by fans – thousands of deaf, hard of hearing and hearing alike – who were disappointed in the decision to not show me signing during the TV broadcast,” she tells Etonline.com.

“Interestingly, in the stadium, the video of me signing was visible 100 per cent of the time… but for whatever reason, it was not visible during the TV broadcast.”

Matlin goes on to insist organisers of events such as the Super Bowl should do more to include deaf viewers.

“With 35 million deaf and hard of hearing people in the U.S., their families and friends, and a focus on diversity that’s been a hot topic in the news, I was genuinely surprised that the broadcast didn’t feature me in a split screen or square,” she adds. “But ultimately, that decision was not mine to make. I’m just so sorry for the millions of people watching who would’ve benefited from seeing the national anthem and America the Beautiful signed, just as it was visible in the stadium.”

However, the actress has nothing but praise for her co-performer Lady Gaga, and has even offered to teach the singer sign language.

“She was so lovely. When she finished the national anthem, I turned to her and signed, ‘I love you,’ and she signed it right back,” Matlin explains. “Later in her dressing room, she and I had a chance to speak, and I told her my kids were big fans of hers. She couldn’t have been nicer. I told her anytime she wanted to learn to sign to give (me) a call, and she said, ‘Yes!'”

http://blog.sfgate.com/dailydish/2016/02/09/marlee-matlin-disappointed-by-super-bowl-tv-snub/

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also you can follow Marlee Matlin on Twitter at @MarleeMatlin

Agreement Reached to Make Closed Captions Available on In-Flight Entertainment Systems

from a Press Release on January 26, 2016

The National Association of the Deaf (NAD)

NAD and Gogo LLC Agree to Make Closed Captions Available on In-Flight Entertainment Systems
Deaf and hard of hearing airline passengers will soon have closed captioned, on-demand in-flight entertainment videos. The National Association of the Deaf (NAD), a non-profit civil rights organization of, by, and for deaf and hard of hearing individuals, and Gogo LLC, the global leader in providing broadband connectivity solutions and wireless entertainment to the aviation industry, have reached a historic agreement for Gogo to make closed captioning available for 100 percent of programming content sourced by Gogo and streamed through its on-demand in-flight entertainment service, Gogo Vision.

This is the first agreement of its kind with an in-flight entertainment company, and is the result of the parties’ mutual intent to increase access for people who are deaf and hard of hearing to movies and television that are viewed in flight on U.S. domestic flights.  Passengers using their own personal Wi-Fi enabled devices can access a Gogo Vision server located on aircraft of certain airlines that contain an extensive library of movies and television shows.

Under the agreement, Gogo has now added technology that will enable customers to have the option to display closed captions for content with closed captions sourced by Gogo; Gogo has also begun sourcing new content with closed captions where available; and Gogo will replace all of its existing sourced content with content that has closed captions through a phase-in process that will be completed by June 30, 2017.  All captions will be consistent with Federal Communications Commission standards for completeness, accuracy, synchronicity, and placement.

“This is a monumental step in making in-flight entertainment accessible to the 48 million deaf and hard of hearing people in the United States alone,” said Howard Rosenblum, CEO of the NAD, of the agreement.  “Personalized in-flight entertainment has made air travel exciting again.  The ability to access and watch an extensive library of movies or television shows helps pass the time on long flights.  The NAD is thus thrilled by Gogo’s decision to make the in-flight entertainment experience equally accessible to deaf and hard of hearing passengers.”

“We are excited to work with NAD to offer Gogo Vision’s entire library of movies and TV sourced by Gogo to passengers who are deaf and hard of hearing,” said Ash ElDifrawi, Gogo’s chief commercial officer.  “Watching movies on a passenger’s own device has become a very popular product for Gogo and we are excited to provide access to this product to the deaf and hard of hearing.”

“In-flight entertainment systems can be designed to accommodate captioning in a variety of ways similar to what is available on home television sets,” said Arlene Mayerson, Disability Rights Education and Defense Fund, Inc.’s Directing Attorney, who represents the NAD.  “Gogo’s actions and commitment demonstrate its dedication to providing accessible in-flight entertainment systems.  DREDF urges other in-flight entertainment providers to follow Gogo’s pioneering example.”

“By seeking to ensure 100% closed captions on all of its streaming titles, Gogo has demonstrated that it is an industry leader, setting the standards for in-flight entertainment,” said Julie Wilensky, the Director of the California office of the Civil Rights Education and Enforcement Center, which also represents the NAD.

###

National Association of the Deaf (NAD)
The National Association of the Deaf (NAD) is the nation’s premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America. NAD represents the estimated 48 million Americans who are deaf or hard of hearing and is based in Silver Spring, Maryland. 

Disability Rights Education & Defense Fund, Inc. (DREDF)
Founded in 1979 by people with disabilities and parents of children with disabilities, the Disability Rights Education & Defense Fund (DREDF) is a national law and policy center based in Berkeley, California and is dedicated to protecting and advancing the civil rights of people with disabilities. 

Civil Rights Education and Enforcement Center (CREEC)

The Civil Rights Education and Enforcement Center (CREEC) is a membership organization whose goal is ensuring that everyone can fully and independently participate in our nation’s civil life without discrimination based on race, gender, disability, religion, national origin, sexual orientation, or gender identity. CREEC has offices in Denver, Colorado and Berkeley, California. 

https://nad.org/news/2016/1/nad-and-gogo-llc-agree-make-closed-captions-available-flight-entertainment-systems

Amazon Agrees To Deal with Consumers Who Are Deaf For More Captioning on Amazon Video

from a Press Release | Oct 14, 2015

The National Association of the Deaf (NAD), a non-profit civil rights organization of, by, and for deaf and hard of hearing individuals, and Amazon.com, a leading online streaming entertainment provider, have reached an agreement that will extend Amazon’s ongoing captioning even deeper into its back catalog of TV shows and movies streamed through its on-demand entertainment service, Amazon Video.

The agreement reflects the NAD’s and Amazon’s shared goal of  increasing access for people who are deaf and hard of hearing to movies and television shows that are streamed online.  Amazon has already captioned 100% of its offerings on Prime Video, and under the agreement, Amazon is promising to continue to do so.  This commitment will ensure continued access to tens of thousands of movies and television episodes, including Emmy and Golden Globe -winning Amazon Original Series like Transparent and Tumbleleaf, as well as primetime favorites like The Sopranos and Downton Abbey.  New movies and television shows added to Prime Video (including new Amazon Originals like Red Oaks) will also contain closed captions upon listing. 

In addition, the agreement builds on Amazon’s efforts to expand captions deep into its vast catalog of movies and televisions available for rent or sale.  Amazon already has captions on the vast majority of those titles; the agreement will add captions to titles that haven’t been provided by content owners and will result in more than 190,000 titles made available with closed captions in Amazon’s catalog. Specifically, Amazon has already ensured that captions are available on over 85% of its video content that has been viewed more than 10 times in the past 90 days.  By December 31, 2015, Amazon will caption at least 90% of such video content, and by December 31, 2016, Amazon will caption 100% of that content.  All captions will be consistent with Federal Communications Commission standards for completeness, accuracy, synchronicity, and placement.  

“This is an enormous step in making online entertainment accessible to the 48 million deaf and hard of hearing people in the United States alone,” said Howard Rosenblum, CEO of the NAD, of the agreement.  “Amazon is a one-stop shop for everything from household items and clothing to books and video entertainment.  The NAD is thus thrilled by Amazon’s decision to make its online entertainment experience more accessible to deaf and hard of hearing customers who also look to Amazon to fulfill their needs for comprehensive goods and services.”

 “Amazon has long been committed to making its video content available to all of its customers,” said Jim Freeman, Vice-President of Amazon Video.  “We have already undertaken, at our own expense, to provide captions on titles that content providers have not provided.  As a result, all content available through Prime Video has been captioned since the beginning of this year and we already offer an extensive selection of captioned content.  We are happy to partner with NAD to extend captions even deeper into our back catalog of titles.”

“Amazon has one of the largest online entertainment catalogs in a heavily-saturated field of online streaming entertainment providers,” said Arlene Mayerson, Disability Rights Education and Defense Fund, Inc.’s Directing Attorney, who represents the NAD.  “Amazon’s resolve to make its online offerings accessible to people who are deaf and hard of hearing should serve as an example for streaming entertainment providers who refuse to close caption their far more limited catalogs.”

Amazon has demonstrated that captioning online entertainment offerings is a sound business practice in line with ensuring equality for people with disabilities,” said Julie Wilensky, a shareholder at Lewis, Feinberg, Lee & Jackson, P.C., which also represents the NAD.

National Association of the Deaf (NAD)
The National Association of the Deaf (NAD) is the nation’s premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America. NAD represents the estimated 48 million Americans who are deaf or hard of hearing and is based in Silver Spring, Maryland. www.nad.org

Disability Rights Education & Defense Fund, Inc. (DREDF)
Founded in 1979 by people with disabilities and parents of children with disabilities, the Disability Rights Education & Defense Fund (DREDF) is a national law and policy center based in Berkeley, California and is dedicated to protecting and advancing the civil rights of people with disabilities. www.dredf.org

Lewis, Feinberg, Lee & Jackson, P.C.
Lewis, Feinberg, Lee & Jackson, P.C. is an Oakland law firm representing workers, retirees, and people with disabilities nationwide. The firm focuses on litigation concerning ERISA (governing pension and other benefits) and wage and hour laws, as well as civil rights laws governing employment discrimination and disability access. www.lewisfeinberg.com

https://nad.org/news/2015/10/amazoncom-inc-agree-expand-closed-captions-amazon-video

FCC Fined Companies $1.4 Million for Not Relaying 911 Calls from Americans Who Are Hard of Hearing

WASHINGTON, September 24, 2015 – The Federal Communications Commission’s (FCC) Enforcement Bureau has reached settlements totaling $1.4 million with Hamilton Relay, InnoCaption and Sprint Corp. resolving investigations into the companies’ inability to handle 911 calls through applications used by callers who are hard of hearing. Over a period of several months the companies weren’t able to relay 911 calls from Americans who are hard of hearing. Individuals who can use their own voice, but have difficulty hearing, use a Telephone Relay Service (TRS) called Internet Protocol Captioned Telephone Service (IP CTS) to hold phone conversations using a device that lets callers listen while reading captions of what the other party is saying.
FOR THE FULL PRESS RELEASE: https://www.fcc.gov/document/cos-fined-14m-failing-accept-911-calls-hearing-impaired-0

Victory in National Association of the Deaf v. Netflix: Court rules that the ADA applies to web-only businesses!

#repost, originally posted June 19, 2012

In a major victory for the National Association of the Deaf (NAD), the nation's premier civil rights organization for deaf and hard of hearing individuals, the District Court of Massachusetts held that the ADA applies to website-only businesses. In National Association of the Deaf, et al. v. Netflix, Judge Ponsor denied Netflix's motion for judgment on the pleadings and is allowing this disability civil rights case to move forward. The underlying lawsuit alleges that Netflix violates the ADA by failing to provide closed captioning on most of its "Watch Instantly" programming streamed on the Internet, thereby denying equal access to the deaf and hard of hearing community.

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As posted by The National Association of the Deaf on June 19, 2012...

Federal District Court in Massachusetts First in Country to Hold that the Americans with Disabilities Act Applies to Website-Only Businesses

Judge Denies Netflix’s Motion for Judgment on the Pleadings and Allows Disability Civil Rights Case, National Association of the Deaf, et al. v. Netflix, Case No. 3:11-cv-30168, to Move Forward

The National Association of the Deaf (“NAD”), the nation’s premier civil rights organization of deaf and hard of hearing individuals, won a major victory today when Judge Ponsor denied defendant Netflix’s Motion for Judgment on the Pleadings seeking dismissal of the case. The District Court of Massachusetts is the first court in the country to hold that the Americans with Disabilities Act (“ADA”) applies to website-only businesses. The underlying lawsuit alleges that Netflix violates the ADA by failing to provide closed captioning on most of its “Watch Instantly” programming streamed on the Internet, thereby denying equal access to the deaf and hard of hearing community.

Netflix argued that the ADA applies only to physical places and therefore could not apply to website-only businesses like Netflix’s “Watch Instantly” streaming service. Judge Ponsor denied the motion, stating that it would be “irrational to conclude” that: “places of public accommodation are limited to actual physical structures…In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would run afoul of the purposes of the ADA and would severely frustrate Congress’s intent that individuals with disabilities fully enjoy the goods, services, privileges and advantages, available indiscriminately to other members of the general public.” Moreover, Judge Ponsor stated that the fact that the ADA “does not include web-based services as a specific example of a public accommodation is irrelevant” since such web-based services did not exist when the ADA was passed in 1990 and because “the legislative history of the ADA makes clear that Congress intended the ADA to adapt to changes in technology.”

The Disability Rights Education and Defense Fund’s Directing Attorney, Arlene Mayerson, stated: “By recognizing that web-sites are covered by the ADA, the court has ensured that the ADA stays relevant as much of our society moves from Main Street to the Internet. Netflix's argument that the neighborhood video store is covered by the ADA, but it, with its over 20 million subscribers, is not, was soundly rejected by the Court.”

“This victory ensures that the ADA will continue to be a powerful force in our rapidly changing lives, protecting our right to equal access on the Internet,” said NAD President Bobbie Beth Scoggins. “Netflix’s flat-out refusal to fully serve our community simply because it is an Internet-based business is unacceptable. Leaving millions of deaf and hard of hearing consumers without equal access is not an option.”

"This legal ruling is a major decision that ensures the ADA remains current with this technological age and makes it possible for deaf and hard of hearing people and people with disabilities to have full access to the same programs and services available to everyone else," said NAD CEO Howard Rosenblum.

In addition, Netflix argued that the case should be dismissed because it does not own copyrights to its programming and therefore cannot be forced to provide closed captions and that the 21st Century Communications and Video Accessibility Act (“CVAA”) “carves out” all video programming streamed on the Internet as separate from the ADA. Judge Ponsor found that at this stage, the Plaintiffs had sufficiently alleged that Netflix “owns, leases..., or operates” a place of public accommodation for purposes of the ADA and that the CVAA does not “carve out” streaming programming from the ADA because there is “no conflict between the statutes” and there is no indication from Congress to the contrary.

In addition to the NAD, other Plaintiffs include the Western Massachusetts Association of the Deaf and Hearing-Impaired (WMAD/HI) and a deaf Massachusetts resident.

The plaintiffs are represented by the Disability Rights Education & Defense Fund in Berkeley, CA, the Oakland, CA law firm Lewis, Feinberg, Lee, Renaker & Jackson P.C., and the Boston, MA law firm Sugarman, Rogers, Barshak & Cohen, P.C.

The Disability Rights Education & Defense Fund and the NAD ask deaf and hard of hearing individuals who want to learn more about the lawsuit to visit: http://www.dredf.org/captioning, call the toll-free number 1-800-348-4232 (V), or email Shane Feldman at netflixlawsuit@nad.org or Charlotte Lanvers at clanvers@dredf.org.

# # #

To read Judge Ponsor's decision:
http://www.nad.org/sites/default/files/2012/June/MJP%20DENIED%20-%20JUDGE%20PONSOR%20ORDER%20-%206-19-12.pdf
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The National Association of the Deaf (NAD) is the nation's premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America. NAD represents on behalf of 48 million Americans who are deaf or hard of hearing and is based in Silver Spring, Maryland. For more information, visit www.nad.org


Western Massachusetts Association of the Deaf and Hearing Impaired (WMAD) WMAD is an advocacy membership organization for individuals who are deaf and hearing impaired in western Massachusetts.


Disability Rights Education and Defense Fund (DREDF)
Founded in 1979, by people with disabilities and parents of children with disabilities, the Disability Rights Education and Defense Fund (DREDF) is a national law and policy center, based in Berkeley, CA, dedicated to protecting and advancing the civil rights of people with disabilities. www.dredf.org.


Lewis, Feinberg, Lee, Renaker & Jackson P.C.
Lewis, Feinberg, Lee, Renaker & Jackson P.C. is a national law firm based in Oakland, CA, that represents plaintiffs in ERISA employee benefit and pension litigation, Civil Rights litigation, and Wage and Hour Overtime litigation. www.lewisfeinberg.com


Sugarman, Rogers, Barshak & Cohen, P.C.
SRBC is a Boston-based civil litigation firm with 26 lawyers and more than 80 years of success in managing complex cases for local, regional and national clients. www.srbc.com

Girl Scouts Disability Discrimination Lawsuit Against GIRL SCOUTS org. REINSTATED by Federal Court

*statement from Zena Naiditch, president and CEO of Equip for Equality.

I am delighted to share the news that the U.S. 7th Circuit Court of Appeals has ruled that the Girl Scouts is covered by the Federal Rehabilitation Act. The Act prohibits discrimination on the basis of disability for organizations receiving federal funding.

Equip for Equality, the National Association of the Deaf and the law firm Much Shelist represents Megan Runnion, who is deaf and was denied an interpreter by the Girl Scouts.

With this ruling, we can now move forward with our case to address the discrimination our client faced and the Girl Scouts' discriminatory policy.

Watch the ABC7 Eyewitness News clip here or click here to learn more.

Congratulations to Megan and our co-counsel!

Zena Naiditch

RELATED POST:

Girl Scout who is Deaf Has Bias Case against Girl Scouts Org., 7th Circuit Finds

Megan Runnion

Netflix agrees to Provide 100% Closed Captions in On-Demand (info of 2012)

# originally posted on Oct. 12, 2012 /reposted as per request

Netflix and the National Association of the Deaf Reach Historic Agreement to Provide 100% Closed Captions in On-Demand 

As posted by NAD on 10/09/2012:

Netflix Inc. and the National Association of the Deaf (NAD), a non-profit organization, have submitted a joint Consent Decree to a federal court in Springfield, Mass., ensuring closed captions in 100% of Netflix streaming content within two years.

NAD, along with the Western Massachusetts Association of the Deaf and Hearing-Impaired (WMAD/HI) and Lee Nettles, a deaf Massachusetts resident, brought suit against Netflix seeking that commitment in 2010.

The agreement indicates the parties’ mutual intent to increase access for people who are deaf and hard of hearing to movies and television streamed on the Internet. Netflix began its closed-captioning program in 2010. Netflix has increased captioning for 90% of the hours viewed but is now committed to focusing on covering all titles by captioning 100% of all content by 2014. Captions can be displayed on a majority of the more than 1,000 devices on which the service is available.

Howard A. Rosenblum, CEO of NAD, the lead plaintiff in this case, said, “The National Association of the Deaf congratulates Netflix for committing to 100% captioning, and is thrilled to announce that 48 million deaf and hard of hearing people will be able to fully access Netflix’s Watch Instantly services.”

“We have worked consistently to make the broadest possible selection of titles available to Netflix members who are deaf or hard of hearing and are far and away the industry leader in doing so,” said Neil Hunt, Netflix Chief Product Officer. “We are pleased to have reached this agreement and hope it serves as a benchmark for other providers of streaming video entertainment.”

Netflix will also improve its interface so that subscribers will be better able to identify content that has been captioned in the period until 100% captioning is achieved. The parties have asked the court to maintain jurisdiction of the case for four years to assure compliance with the terms of the Decree, and plaintiffs will monitor Netflix’s progress.

“We’re so pleased that Netflix worked jointly with plaintiffs to devise a reasonable and workable way to achieve 100% captioning. The Decree is a model for the streaming entertainment industry,” said Arlene Mayerson, Disability Rights Education & Defense Fund's Directing Attorney. “DREDF hopes that this is the beginning of opening the internet for deaf and hard of hearing individuals in streamed entertainment, education, government benefits, and more.”

The Consent Decree is available here: http://dredf.org/captioning/netflix-consent-decree-10-10-12.pdf regarding National Association of the Deaf, et al. v. Netflix, Case No. 3:11-cv-30168.

The plaintiffs are represented by the Disability Rights Education & Defense Fund in Berkeley, CA, the Oakland, CA law firm Lewis, Feinberg, Lee, Renaker & Jackson P.C., and the Boston, MA law firm Sugarman, Rogers, Barshak & Cohen, P.C.

Netflix is represented by David F. McDowell and Jacob M. Harper of Morrison & Foerster LLP.

# # #

National Association of the Deaf (NAD)
http://www.nad.org/

The National Association of the Deaf (NAD) is the nation's premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America. NAD represents the estimated 48 million Americans who are deaf or hard of hearing and is based in Silver Spring, MD. www.nad.org

Western Massachusetts Association of the Deaf and Hearing Impaired (WMAD).

WMAD is an advocacy membership organization of individuals who are deaf and hearing impaired in western Massachusetts.

Disability Rights Education & Defense Fund (DREDF)
http://dredf.org/

Founded in 1979 by people with disabilities and parents of children with disabilities, the Disability Rights Education & Defense Fund (DREDF) is a national law and policy center based in Berkeley, CA and is dedicated to protecting and advancing the civil rights of people with disabilities. www.dredf.org

Lewis, Feinberg, Lee, Renaker & Jackson P.C.

Lewis, Feinberg, Lee, Renaker & Jackson P.C. is a national law firm based in Oakland, CA that represents plaintiffs in civil rights, employment discrimination, ERISA employee benefit and pension litigation, and wage and hour Overtime litigation. www.lewisfeinberg.com

Sugarman, Rogers, Barshak & Cohen, P.C.

SRBC is a Boston-based civil litigation firm with 26 lawyers and more than 80 years of success in managing complex cases for local, regional and national clients. www.srbc.com

http://www.nad.org/news/2012/10/netflix-and-national-association-deaf-reach-historic-agreement-provide-100-closed-capti