Accessible Shared Streets: Federal Guide for Accommodating Pedestrians with Vision Disabilities

The Federal Highway Administration (FHWA) has released a guide on access to shared streets for people with vision impairments. The 40-page publication, Accessible Shared Streets: Notable Practices and Considerations for Accommodating Pedestrians with Vision Disabilities, provides guidance and best practices for designing shared streets based on lessons learned from existing projects and input from FHWA Division Offices, the Access Board, state departments of transportation, and the National Association of City Transportation Officials. It also covers guiding design principles as part of a "design toolbox" for shared streets, applicable accessibility mandates, environmental challenges to pedestrians with vision impairments, and detectable warnings and other access features.

For further information, and the Accessible Shared Streets guide, visit FHWA's website.

Nationwide Class Action Challenges Hulu’s Discrimination against Blind and Visually Impaired Individuals

Boston, Massachusetts—November 20, 2017—A coalition of blind and visually impaired individuals and advocacy groups filed a nationwide class action today against Hulu to end the video streaming company’s ongoing exclusion of blind and visually impaired Americans. The lawsuit—filed in the U.S. District Court for the District of Massachusetts—challenges Hulu’s violation of the Americans with Disabilities Act.

Hulu, one of the largest online-streaming services in the country, offers thousands of shows and movies, including award-winning original content, to most customers at the click of a mouse. However, the company fails to provide audio description—a separate audio track that blind and visually impaired people need in order to access the exclusively visual content of a show or movie—for any streaming videos.

Because Hulu fails to include audio description tracks on any of its streaming content, blind and visually impaired individuals cannot independently enjoy Hulu’s video streaming services. Audio description is a separate audio track that, when activated, provides a verbal description of visual elements on screen, especially in scenes with no dialogue. The audio description track plays between pauses in dialogue. Hulu boasts an extensive library of live TV and on-demand movies and series—including its Emmy-award winning original series, “The Handmaid’s Tale”—but currently excludes customers who are blind and visually impaired.

In addition, Hulu’s website and applications are not accessible to blind and visually impaired individuals who use screen readers to navigate the internet. A screen reader is software that converts the visually displayed content on the screen into audible, synthesized speech or outputs that information on a digital braille display.

The American Council of the Blind, Bay State Council of the Blind, and blind individuals brought this action to end Hulu’s discriminatory business practices. Disability Rights Advocates (DRA), a national nonprofit legal center, and the Disability Law Center (DLC), Massachusetts’s Protection and Advocacy system, represent these individuals and organizations.

Kim Charlson, President of the American Council of the Blind, said, “Movies and television are pillars of American culture. As delivery of such media transitions to video streaming services, it is critical that these platforms be accessible in order to ensure the inclusion of blind and visually impaired individuals in contemporary society.”

Rebecca Williford, Senior Staff Attorney at DRA, said, “Hulu is owned by a collection of some of the most powerful companies in the entertainment business and is itself one of the nation’s most popular online streaming services. Its utter failure to provide access to individuals who are blind and visually impaired is astonishing.”

“BSCB members have been expressing their concerns about Hulu’s lack of audio description for years now,” said Brian Charlson, President of Bay State Council of the Blind, “and it is time that Hulu join with other industry streaming services out there and meet its obligations under the Americans with Disabilities Act.”

“As forms of entertainment evolve, equal access must transition to meet industry innovation. Equal access means the ability to fully use and enjoy all aspects of entertainment, just like everyone else,” said Christine Griffin, Executive Director of DLC.

Plaintiffs do not seek monetary damages, but seek only to achieve equal access to Hulu’s services.

A copy of the Complaint can be found HERE (pdf).

About Disability Rights Advocates (DRA)
Founded in 1993, DRA is a leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with the full spectrum of disabilities in complex, system-changing, class action cases. DRA’s prior cases advocating for accessible entertainment include Blanks v. AMC Theaters (2017) (reaching a settlement to improve audio description in AMC theaters nationwide), and negotiations with Netflix in 2016 that resulted in a settlement to provide audio description for Netflix’s streaming and disc rental libraries, including “Netflix Originals.” For more information, visit www.dralegal.org.

About Disability Law Center (DLC)
The DLC is the Protection and Advocacy system for Massachusetts and is authorized under federal law to protect and advocate for the legal rights of individuals with disabilities in Massachusetts. DLC worked with Bay State Council of the Blind in a series of negotiations with Fleet Bank, Sovereign Bank, and Citizens Bank to ensure that their ATMs, websites, and other banking services were fully accessible to individuals who are blind or visually impaired. For more information, visit www.dlc-ma.org.

About American Council of the Blind (ACB)
ACB works to increase the independence, security, equality of opportunity, and quality of life, for all people who are blind or visually impaired. ACB advocates for policies that provide services, opportunities, infrastructure, and equipment that are necessary for an inclusive society, in federal, state, and local governments, and among service providers and industry. For more information, visit www.acb.org.

About Bay State Council of the Blind (BSCB)
BSCB is a membership organization of blind, visually impaired, and sighted individuals committed to an enhanced quality of life for Massachusetts’ residents who are blind or visually impaired. BSCB convenes meetings and conferences, organizes recreation activities, provides publications, radio programs, and information, and advocates for services and legislation that improve access for people who are blind. For more information, visit www.acbofma.org.

source: Disability Rights Advocates press release

Visually Impaired Finding Help in The Classroom with Assistive Technology

Students with vision problems now have a number of tools at their disposal to help keep up in the classroom, they just need to be implemented correctly.

article by by Kenny Walter for R&D MAGAZINE | Nov. 15, 2017                                              
Luis Perez, a Florida-based digital accessibility consultant, said in an interview with R&D Magazine that the tools are available and affordable for school districts, but more work needs to be done to ensure that educators are properly trained to effectively use the platforms.

“There is definitely more work that needs to be done, I think there has been a slow transition from those who work with students with visual impairment,” Perez said. “I think more professional development is needed, more awareness.”

“My experience has been that educators are not always aware of what’s available and also there is still the misconception that you have to buy additional software,” he added. “It can’t just be providing the tools, there needs to be ongoing professional development. It has to go hand-in-hand, providing the access to the tools, but also providing the training and support to get the most out of it.”

Perez, who also suffers from a visual impairment, regularly visits school districts and higher education institutions to advocate for assistive technology for not only visually-impaired students, but also for students with other disabilities. His hope is that the technology can help improve the learning experience for everyone.

He said one constant is that while educators may have the technology available to help students with disabilities, they are not always properly trained on the full capabilities of the technology.

For example, when interactive whiteboards first started appearing in the classroom, Perez said the teachers were often untrained on all the features and possibilities of the technology.

Perez has been an advocate for Universal Design for Learning—an educational framework based on research in the learning sciences, including cognitive neuroscience, that guides the development of flexible learning environments that can accommodate individual learning differences.

He also said one advancement that has led to cost-savings for school districts is the advent of text-to-speech technology available in many platforms and tools.

Text-to-speech enables a computer to convert written text and read it aloud. According to Perez, the tool is now available for a number of different applications designed to help students with visual impairments, as well as students with dyslexia and students who are not native English speakers.

Perez said that many computers and tablets now have text-to-speech options built in as a standard option.

“Because I have some vision left I still rely on text-to-speech quite a bit, just to give my vision a rest,” he said.

Other features Perez has mentioned as being beneficial include text enlargement options, Google voice typing and other screen readers that can be customized to an individual student.

According to Perez, one of the challenges is that there will always be different needs for different individuals with disabilities.

“It depends on the person and the need, that will determine the tool that is the best,” Perez said. “It is always important to match that need and what the tool can do.”

“Each individual visually-impaired student is different, there is a broad range from those like myself who still have some vision to those who are completely blind,” he added.

Perez said one of his jobs as an advocate for the technology is to work with developers of improving and creating new tools for disabled students.

He said he works with both big companies like Microsoft or Apple and independent developers looking to create their own applications.

While there are issues in implementing the technology and ensuring that it is used correctly and to its full potential, Perez said advancements in the future will continue.

“I think we will continue in the direction of even more universal design,” he said. “I think the move to mobile devices kind of encourages that because on a mobile device you are not only sitting in a nicely lit, comfortable environment, you are often accessing content on the go.”

https://www.rdmag.com/article/2017/11/assistive-technology-helpful-classroom-visually-impaired

Friedman Place’s Annual Weaving Sale, Chicago November 11th, 2017

Support Friedman Places’ Therapeutic Weaving Program while knocking some holiday shopping off your list.  Join us for a hot drink and check out some warm fuzzies including: scarves, tote bags, towels, pot holders, rugs.

THIS Saturday, November 11, 2017
1:00 pm - 4:00 pm

Friedman Place
5527 N. Maplewood
Chicago
in the Weaving Studio

Friedman Place is a non-profit supportive living community that provides high-quality programs, services and affordable housing that is safe, clean and engaging for our residents who are blind or visually impaired.  Located on the northwest side of Chicago and accessible to its many cultural, social, and educational opportunities, Friedman Place encourages residents' self-determination and independence. We are not just a residence but a vibrant community in which people with impaired vision can reach their full potential.
source: Friedman Place

State of Illinois Grants To Help People with Sight Disabilities Hear The News

People with sight disabilities in Illinois could soon gain access to news radio technology.

To provide if qualified, the 295,000 Illinoisans who have vision issues with equipment that will allow them to keep up to date with news. Sideband receivers will allow these people to tune into radio stations where volunteers ready daily news from newspapers in the state. Special-frequency radios are required to hear these broadcasts.

Some Illinoisans already have access to the program, which can be accessed using a password-protected Internet stream. Click here for more information about the grant.

Directory of Illinois Radio Information Service Organizations
Augustana Public Radio Information Service (APRIS)
Augustana College
639 38th St.
Rock Island, IL 61201
309−794−7500
Augustana Public Radio Information Service Website

Chicagoland Radio Information Service (CRIS Radio)
1850 West Roosevelt Rd.
Chicago, IL 60608-1298
312−666−1331
Chicagoland Radio Information Service Website

Illinois Radio Reader (WILL)
University of Illinois
300 N. Goodwin Ave.
Urbana, IL 61801
217−333−7300
Illinois Radio Reader (WILL) Website

Lewis and Clark Radio Information Service (WLCA)
Lewis and Clark Community College
5800 Godfrey Rd.
Godfrey, IL 62035
618−468−4940
WLCA Website

Minds Eye Information Service
9541 Church Circle Drive
Belleville, IL 62223
618−394−6442
Minds Eye Information Service Website

Northern Illinois Radio Information Service (NIRIS) Studios
DeKalb Office
801 N. First St.
DeKalb, IL 60115
815−753−9000
Northern Illinois Radio Information Service Website

Southern Illinois Radio Information Service (WSIU)
Southern Illinois University
1003 South Oakland
SIUC Mailcode 6531
Carbondale, IL 62901
618−453−2808
Southern Illinois Radio Information Service Website

Tri-States Audio Information (WIUM/WIUW)
Western Illinois University
504 University Services Building
Macomb, IL 61455
309−298−2403
Tri-States Audio Information (WIUM/WIUW) Website

Wabash Valley College Radio Information Service
Wabash Valley College
2200 College Dr.
Mt. Carmel, IL 62863
618−262−8641
Wabash Valley College Radio Information Service Website

WCBU Radio Information Service
Bradley University
1501 W. Bradley Ave.
Peoria IL 61625
309−677−3585
WCBU Radio Information Service

WUIS-WIPA Radio Information Service
University of Illinois at Springfield
P.O. Box 19243
Springfield, IL 62703-5407
217−206−6404
WUIS-WIPA Radio Information Service Website

U.S. Appeals Court Finds Movie Theaters Must Accommodate Deaf-Blind Patrons

(AP) — Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday Oct. 6, 2017. 

Associated Press | October 8, 2017                                                                                              

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation’s third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie “Gone Girl” and asked a Cinemark theater in Pittsburgh to supply a “tactile interpreter.” The theater denied his request.

The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie’s action, dialogue and even the audience response.

The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish “auxiliary aids and services” to patrons with vision, hearing and speech disabilities.

“It would be impossible for a deaf-blind person to experience the movie and understand the content without the provision of tactile interpretation,” said Carol A. Horowitz, managing attorney of Disability Rights Pennsylvania, which filed suit on McGann’s behalf.

The ruling said Cinemark still can argue that providing the interpreters would present an “undue burden,” an exception to the disability law that takes into account the cost of the accommodation and the business’s ability to pay for it. It sent the case back to a federal judge to consider that argument.

Because of the intensive nature of the work, McGann requires the services of two interpreters. The interpreters cost a few hundred dollars per showing.

Cinemark earned $257 million in 2016. The movie chain also has said that before McGann, it had never before received a request for tactile interpretation.

A spokesperson for the Plano, Texas-based chain said Cinemark is evaluating its legal options.

The U.S. Department of Justice filed documents in support of McGann.

U. S. Supreme Court Rejects ADA Vending-Machine Access for People who are Blind

The U.S. Supreme Court turned away an appeal that sought to force Coca-Cola Co. and other companies to equip vending machines for use by blind people.
article by Greg Stohr for Bloomberg News                                                                                    

Oct. 2, 2017 - The justices left intact a ruling that said Emmett Magee, a legally blind Louisiana man, couldn’t sue Coca-Cola over glass-front vending machines he says are inaccessible for people who can’t see.

The federal Americans with Disabilities Act covers retail stores and other "places of public accommodation," requiring them to take steps to ensure that disabled people have access.

The New Orleans-based 5th U.S. Circuit Court of Appeals said vending machines don’t meet the definition of "public accommodation." The panel left open the possibility that Magee could sue the hospital and bus station that house the machines.

Magee contends that Coca-Cola has several options for making its machines accessible to blind people. Machines could include a smartphone application to relay price and product information or an audio interface along with a tactile keyboard, he said.

Coca-Cola urged the Supreme Court not to hear the appeal, saying Congress didn’t intend for the disabilities law to cover vending machines. The company also pointed to federal regulations that place visual accessibility requirements on ATMs and fare machines but not on vending machines.

Coca-Cola owns, operates or leases 3 million vending machines in the U.S., according to court papers.

The Trump administration had urged the justices to reject the appeal and said the appeals court reached the right conclusion.

The case is Magee v. Coca-Cola, 16-668.

https://www.bloomberg.com/news/articles/2017-10-02/supreme-court-rejects-blind-man-s-bid-for-vending-machine-access

EEOC Sues Walmart for Disability Discrimination, Failed to Accommodate Deaf Employee With Visual Impairment

Retail Giant Suspended and Failed to Accommodate Longtime Deaf Employee With Visual Impairment, Federal Agency Charges

Sept 26, 2017 - WalMart violated federal law when it failed to accommodate a longtime employee because of his disability, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC's lawsuit, Paul Reina, who has a developmental disability and is deaf and visually impaired, worked as a cart pusher in the Beloit, Wis., Walmart store for 16 years before a new manager started at the store. In his first month, a new store manager suspended Reina and forced him to resubmit medical paperwork in order to keep his reasonable accommodations. Prior to the suspension, Reina performed his job with the accommodation of assistance from a job coach provided by an advocacy organization. Reina's conditions had not changed.

When Reina and his legal guardian submitted new medical paperwork, requesting the continued accommodation of assistance from a job coach, the store cut off communication, the EEOC said. The store's insistence that Reina take a suspension until a new but unnecessary request for accommodations was finalized, coupled with the company's failure to communicate, made a return to work impossible for Reina, the EEOC said.

Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (EEOC v. Wal-Mart Stores, Inc. and Wal-Mart Stores East, LP, Civil Action No. 3:17-cv-739), in U.S. District Court for the Western District of Wisconsin after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit asks the court to order Wal-Mart to pay Reina appropriate back and front pay as well as compensatory and punitive damages. The lawsuit also seeks a permanent injunction enjoining Wal-Mart from failing to provide reasonable accommodations for disability in the future.

"Employers have a legal obligation under federal law to work with employees who need accommodations for disabilities," said Gregory Gochanour, regional attorney for the EEOC's Chicago District. "When companies shirk that obligation, the EEOC will fight to uphold the rights of people with disabilities."

Julianne Bowman, district director of the EEOC's Chicago District, said, "It is the employer's responsibility to make sure that all managers are trained on the laws against disability discrimination. Effectively denying a request or a reasonable accommodation to someone with a 16-year track record of successful work is illegal discrimination."

The EEOC's Chicago District is responsible for investigating charges of employment discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, North Dakota, and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Source: EEOC press release

Join Friedman Place at Edgewater Arts Festival in Chicago Sept. 23rd, 2017

Friedman Place’s Therapeutic Weaving Program will be one of 100 artisans participating in this year’s Edgewater Arts Festival Saturday, September 23 – Sunday, September 24 11:00am-6:00pm Come see what our weavers have been working on all summer and enjoy an afternoon at the Festival!  The Edgewater Arts Festival is located on Granville Ave. between Broadway and Sheridan, Friedman Place will be at Booth 4, near the entrance and stage at Broadway and Granville. In addition to the fabulous art, there will be food, music and children’s activities, bring your friends! For more information contact: Laura Roth (773) 409-6129 or laura.roth@friedmanplace.org

Friedman Place is a non-profit supportive living community that provides high-quality programs, services and affordable housing that is safe, clean and engaging for our residents who are blind or visually impaired.  Located on the northwest side of Chicago and accessible to its many cultural, social, and educational opportunities, Friedman Place encourages residents' self-determination and independence. We are not just a residence but a vibrant community in which people with impaired vision can reach their full potential. We appreciate charitable gifts and are a registered 501(c)3 not-for-profit organization.  We accept cash gifts as well as those of stock, real estate, and life income vehicles.  Please call Laura Roth, Director of Development and Communications, 773-989-9800, to make a gift over the phone or click the button below to donate now.  Thank you kindly for considering a gift in support of Friedman Place.

Passing of a Chicago Disability Advocate, Bill Jurek

Chicago - Sad to report the recent passing of Bill Jurek, former staff announcer at NBC-owned WMAQ-Channel 5 and longtime contributor to WLIT FM 93.9 and many other Chicago radio stations. Jurek, who was 67, died Sunday after a long illness. He most recently was program manager of CRIS Radio and host of “The Beacon,” a syndicated public-affairs program on disability advocacy. 

After losing his vision in 1995, Mr. Jurek became a spokesman and mentor for people who are blind. “Bill was a great talent, a gifted speaker and a kind and good man,” said Dominic Calabrese, senior vice president of the Chicago Lighthouse.

Microsoft’s New App Tells Visually Impaired People What’s in Front of Them

July 13, 2017 - Seeing AI combines the phone’s camera and artificial intelligence to identify places, objects and people. The app then announces what it sees so people who are blind or visually impaired will know what is in front of them.

article by CAROLYN NICANDER MOHR for The Wonder of Tech! / JULY 13, 2017
Using the app, people can hear a description of what is in front of them. The app’s interpretation of what it’s seeing is quite sophisticated, it can recognize emotions. It won’t just say that someone is smiling, it will tell you the person is happy. Or surprised. Or angry.

Users can take Seeing AI shopping. The app can read barcodes so people can know whether a can is soup or dog food. It will also soon be able to identify currency so users know whether they are handing over a bill that’s worth $20 versus $1.

Diners at restaurants can use Seeing AI to read menus. The app can read both food choices and prices.

Pedestrians can use the app to read signs and get directions, though the app warns against using it for navigation.

One of the more impressive features of Seeing AI is a document scanner. The app can read documents aloud and even help the user center the document on the screen.

The app looks for the edges of the document so it knows that it’s reading the entire text. After all, a user could get into trouble if the word “not” were cut off in the margins.

The app can also identify images in other apps. When you are using another app, tap the Share icon and choose “Recognize with Seeing AI.” The app can identify what is in the images as if it were a scene in front of you.

Read Full Article >> CLICK

The below video from Microsoft shows what Seeing AI can do:

YouTube published by Microsoft July 12, 2017

source: The Wonder of Tech https://www.wonderoftech.com/microsoft-seeing-ai/

Leading Disability Org. Condemns 'Blind' Film in Casting Able-bodied Alec Baldwin To Act Blind

The Ruderman Family Foundation, a leading organization advocating on behalf of disabled people, has come out against the forthcoming film “Blind.” The group accuses the movie of “crip-face” — akin to blackface — in its casting of the able-bodied Alec Baldwin as the blind lead.

article originally published by L.A. Times, by Tre’vell Anderson  | July 5, 2017    

“Alec Baldwin in ‘Blind’ is just the latest example of treating disability as a costume,” Jay Ruderman, the foundation’s president, said in a statement. “We no longer find it acceptable for white actors to portray black characters. Disability as a costume needs to also become universally unacceptable.”

“Blind,” which Vertical Entertainment will release July 14, stars Baldwin as a novelist who lost his wife and his sight in a car crash. Years later, he comes into contact with a married socialite, played by Demi Moore, who is forced to read to him as part of a plea bargain. The two begin a love affair forcing Moore’s character to choose between the novelist and her husband.

Last July, the foundation released its Ruderman White Paper on Employment of Actors With Disabilities in Television. The study found that despite those with disabilities representing nearly 20% of the country’s population, about 95% of characters with disabilities on television are played by able-bodied actors.

Months later, in November, the organization hosted its first Studio-Wide Roundtable on Disability Inclusion. At that event, Marlee Matlin, perhaps the most visible and acclaimed disabled actress, spoke about the need for Hollywood to give disabled actors a chance.

“There is something wrong with this picture,” said Matlin, who 30 years ago won an Oscar for her leading role in “Children of a Lesser God.“ “We as an industry keep talking about diversity — we know we have a problem. But, sadly, when we start speaking about diversity, disability seems to be left out far too often.”

http://www.latimes.com/entertainment/la-et-entertainment-news-updates-july-disability-organization-condemns-1499273816-htmlstory.html

ADA Class Action Suit says Brookstone Website Is Not ADA Compliant

June 22, 2017 - Brookstone was hit with a class action lawsuit alleging the retailer’s website is not accessible to blind customers in violation of the Americans with Disabilities Act.

Lead plaintiff, New York resident Victor Andrews, alleges in his class action lawsuit that Brookstone.com is difficult, if not impossible for those with vision impairments to access.

The plaintiff claims that the website is full of access barriers that exclude blind customers, including the plaintiff, from even completing a transaction online.

Brookstone is a retail store that sells fitness equipment, games, toys, and gifts. According to the class action, Brookstone’s website, Brookstone.com, offers the same retail goods for sale and offers home and store delivery, along with store information and policies.

According to the Brookstone class action, “[t]he blind access websites by using keyboards in conjunction with screen-reading software which vocalizes visual information on a computer screen. Except for a blind person whose residual vision is still sufficient to use magnification, screen access software provides the only method by which a blind person can independently access the Internet. Unless websites are designed to allow for use in this manner, blind persons are unable to fully access Internet websites and the information, products and services contained therein.”

Over the years, well-established guidelines for making websites accessible to the blind have been followed by big companies, but, the plaintiff alleges, “[d]espite readily available accessible technology, such as the technology in use at other heavily trafficked retail websites, which makes use of alternative text, accessible forms, descriptive links, resizable text and limits the usage of tables and JavaScript, [Brookstone] has chosen to rely on an exclusively visual interface.”

The plaintiff contends that it is not fair and in violation of the ADA for blind individuals to need to rely on sighted companions to access Brookstone’s online shopping site. “Many blind people enjoy online shopping just as sighted people do,” alleges the complaint. “The lack of an accessible website means that blind people are excluded from the rapidly expanding self-service retail economy and from independently accessing Brookstone.com.”

According to the Brookstone class action lawsuit, both the federally mandated regulations found in the Americans with Disabilities Act as well as New York human rights and civil rights laws require businesses to “ensure access to goods, services and facilities by making reasonable accommodations for persons with disabilities.”

The plaintiff is seeking declaratory and injunctive relief to require Brookstone to utilize technology on their retail website to allow blind individuals independent access. Additionally, the plaintiff is seeking compensatory damages for discrimination.

The plaintiff is also seeking to represent a nationwide Class of legally blind individuals who have attempted to access Brookstone.com, as well as a New York subclass.

Andrews is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Brookstone ADA Class Action Lawsuit is Victor Andrews v. Brookstone Company Inc., Case No. 1:17-cv-03733, in the U.S. District Court for the Eastern District of New York.

article by Christina Davis for Top Class Actions  News (great resource for Class Action Lawsuits)

https://topclassactions.com/lawsuit-settlements/lawsuit-news/756255-brookstone-class-action-says-website-isnt-ada-compliant/?utm_medium=email&utm_campaign=627%20New%20Subs&utm_content=627%20New%20Subs+CID_0bb541f91f95157fd832a668b43e9db9&utm_source=Campaign%20Monitor&utm_term=Brookstone%20Class%20Action%20Says%20Website%20Isnt%20ADA%20Compliant

Winn-Dixie Must Update Website For The Blind, First-Of-Its-Kind Court Action

In what is believed to be the first lawsuit of its kind to go to trial, a Florida federal judge has ruled for a blind man who has filed nearly 70 lawsuits alleging that various companies’ websites violate the Americans with Disabilities Act.
Article by John O'Brien for FORBES | June 13, 2017

On June 12, Judge Robert Scola, of the Southern District of Florida, decided that Winn-Dixie’s website is heavily integrated with the company’s physical store locations, making it subject to the ADA. His decision will require the company to update its site.

Plaintiff Juan Carlos Gil is not entitled to damages, but his attorneys will soon submit a request for fees. The company has set aside $250,000 to update the site, though testimony during the trial indicated it will not cost nearly that much.

“The factual findings demonstrate that Winn-Dixie’s website is inaccessible to visually impaired individuals who must use screen reader software,” Scola wrote.

“Therefore, Winn-Dixie has violated the ADA because the inaccessibility of its website has denied Gil the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations that Winn-Dixie offers to its sighted customers.”

Gil sued Winn-Dixie on July 12, 2016, and a two-day bench trial was held June 5-6. Scola’s 13-page decision came a week later.

Experts believe it to be the first trial regarding a website’s accessibility under the ADA. Such lawsuits have become popular in recent years as the Department of Justice has delayed formal regulations.

https://www.forbes.com/sites/legalnewsline/2017/06/13/first-of-its-kind-trial-goes-plaintiffs-way-winn-dixie-must-update-website-for-the-blind/#60efd3091b38

Microsoft "Project Torino" Develops Physical Programming Language for Blind Students

A Microsoft project will teach blind students from seven to 11 years-old how to program and apply design thinking to projects.

Article by Dian Schaffhauser for The Journal | June 1, 2017                                                                   

"Project Torino," as it's called, uses a "physical programming language," pods that are connected by the students to build programs. Learners string the pods together to create code that plays music, stories and poetry. The idea is to allow kids with visual impairment to participate in coding exercises in their classes right alongside seeing students — or to allow all students to learn the basics of coding in a tactile way.

An additional app provides a self-directed course of work that the students can use with adult supervision. They're gradually introduced to reading or listening to their code in a textual form to make the transition to more traditional forms of coding in higher grades using assistive technologies such as screen readers.

   
As an article on the Microsoft site explained, the ultimate goal of the work is to attract students with visual impairments or other learning challenges, such as dyslexia or autism, into the programming fold and inspire them to consider careers as software engineers or computer scientists. This is a step apart from the norm that has pervaded contemporary computer science, which has evolved to use ever more visual coding methods, making it tougher for those who can't see to participate in the field.

An earlier, smaller trial among a dozen or so students gave researchers ideas for how to improve Torino. For example, originally, the pieces of the kit were all white. The students with limited vision encouraged them to use colors. Also, although smaller tends to be "better" in tech, the early testers pushed for larger pods, to enable students to work together.

Currently, researchers are seeking applicants to participate in a beta trial in the United Kingdom, which will begin in fall 2017. Learners will be allowed to participate as individuals or as part of a group, such as a "sensory service," special school or nonprofit organization. Beta testers will receive "Torino sets" as well as teacher training and mentoring for one school term.

Eventually, the researchers hope to make the project available to teachers and students in other countries.
https://thejournal.com/articles/2017/06/01/microsoft-project-develops-physical-programming-language-for-blind-students.aspx

World's First Braille Smartwatch

 For the first time, these people are using Braille to text.

Braille literacy rates among visually impaired people are pretty low, especially in the U.S.

But this smartwatch, called the Dot Watch, could encourage more people with visual impairments to learn how to read the raised dots.

Knowing Braille opens up more job opportunities.

Dot Watch lets users read and send text messages using four cells of Braille and includes other functions, like a clock.

For people using the watch, Braille could feel more private and personal than an audio assistant, like Siri.

And like other smartwatches, it connects to a smartphone; the watch can also vibrate if a user gets a notification.

Dot is working on other products, like a tablet, that would help users read longer pieces, like books, more efficiently.

More than 7 million adults in the U.S. have a visual disability, according to the most recent data.

For the Dot Watch website: 

https://dotincorp.com/

Article by Melissa Prax for NEWSY | May 15, 2017

Photo (left) of Dot Watch

Accessibility Settlement with AMC Movie Theatres Offer Audio Description for Blind and Visually Impaired

California - May 1, 2017 - New reforms at AMC Theatres will give blind movie watchers an experience more like that of sighted patrons, thanks to a recent class action settlement.

Plaintiffs in the AMC Theatres class action lawsuit took issue with the audio description devices that AMC Theatres makes available for viewers who are blind or otherwise visually impaired. These devices allow visually disabled persons to listen to a specially-prepared audio narrative that describes the events on the movie screen.

According to the plaintiffs, both the devices themselves and the service AMC Theatres provided with them failed to meet minimum legal standards under the Americans with Disabilities Act, or ADA.

U.S. District Judge Yvonne Gonzales Rogers dismissed the AMC disability class action lawsuit last Thursday, on a motion for dismissal agreed upon by all parties.

Under terms of the AMC Theatres disability class action settlement, AMC Theatres will go through a two-year period of implementing new policies and procedures designed to improve its provision of audio description devices. The company will train theater employees on how to set up and use the devices and will create a guidance document for employees’ future reference.

AMC Theatres will also establish procedures to ensure its audio description devices continue to work properly. Theater staff will be required to test the equipment on a weekly basis. AMC Theatres will keep a record of any complaints received about the devices, and a disability access coordinator will be required to review and resolve any such complaints.

These accessibility measures will also extend to the trailers and announcements presented before the film starts, giving patrons a chance to ensure their equipment works before the feature begins.

AMC Theatres also agrees to make information about its accessibility services more available. The company will provide updates via its website and mobile app to inform patrons when audio description devices are unavailable at certain locations.

This AMC Theatres disability class action lawsuit was filed in February of last year by five individual plaintiffs, the California Council of the Blind, and the Lighthouse for the Blind and Visually Impaired.

Named plaintiff Scott Blanks reported that for years, he had experienced poor provision of audio description devices at AMC Theatres. On at least one occasion, he said the audio description device he was given worked only for a few minutes before it started cutting in and out, then finally failed completely.

Theater staff often gave Scott the wrong equipment, he said, offering him a device designed for persons with hearing impairments. Getting the correct device sometimes required several minutes of waiting for a theater manager to respond to Scott’s request, which occasionally made him miss the beginning of the movie, he alleged.

The plaintiffs are represented by attorneys Sidney M. Wolinsky, Rebecca Williford and Julia Marks of Disability Rights Advocates, and by Ernest Galvan and Michael S. Nunez of Rosen Bien Galvan & Grunfeld LLP.

The AMC Theatres ADA Class Action Lawsuit is Scott Blanks, et al. v. AMC Entertainment Inc., et al., Case No. 4:16-cv-00765, in the U.S. District Court for the Northern District of California.

Published as reported by TopClassAction.com | Article by Paul Tassin | May 1, 2017

For more from TopClassActions.com, visit: https://topclassactions.com/

To read the proposed settlement (pdf)>> CLICK HERE 

Friedman Place Hosts Art Exhibition Fundraiser Showcasing the Art of People with Disabilities in Chicago on May 18th

CHICAGO - Friedman Place, a non-profit supportive living community for adults who are blind or visually impaired, will host a cocktail party fundraiser and art exhibition on Thursday, May 18, 2017, to celebrate the important role the arts play in the lives of its residents.

“Celebrating the Arts at Friedman Place” will feature food, drinks, entertainment, a silent auction and the opening of VISIONS: An Exhibition of Artworks Associated with Blindness or Disability. Throughout the night, artwork and music performed by Friedman Place residents will be featured, and guests can tour the Friedman Place facility and learn more about all of the programs Friedman Place offers.

The event will also highlight Friedman Place’s Therapeutic Weaving Program, which is a signature program of Friedman Place’s David Herman Learning Center.  Housed in the recently renovated Annex Building (5519 N. Lincoln) the Weaving Studio provides residents with an opportunity to learn how to weave artistic and functional textiles. The Weaving Studio will be open during the event, featuring weaving demonstrations and a weaving sale, guests can tour the studio and learn more about the weaving program.

The event is set to take place on Thursday May 18, from 5:30 pm to 8:30 pm at Friedman Place (5527 N. Maplewood Ave.). Tickets are $75 in advance and $80 at the door and can be purchased online HERE.. Proceeds from the event will support Arts Programming at Friedman Place to provide residents with more opportunities to express their creativity through the arts.

About Friedman Place

Friedman Place is the only housing program for the blind and visually impaired in Northern Illinois. The building is designed with the needs of its residents in mind and currently houses 85 adults between the ages of 22 and 93. Friedman Place provides a full range of services and activities so that residents’ days are healthy, dignified, and stimulating. For more information visit www.friedmanplace.org                  

source: press release

Invitation for artists to exhibit in a show related to vision, blindness, or disability! in Chicago, May 2017

Friedman Place - a not-for-profit community for adults who are blind or visually impaired – is inviting artists to submit works to be included in an exhibition of artworks associated with vision, blindness, or disability.

The exhibition will be displayed at Friedman Place for two weeks, with the opening occurring at our “Celebrating the Arts at Friedman Place” fundraiser on Thursday evening, May 18, 2017. It is expected that the artwork will be viewed by 500 people or more during the entire period of the exhibition.

Requirements• 2D / flat work only (e.g., painting, drawing, photographs, printmaking, weaving/textiles, brief written works, etc.)
• Must be framed or otherwise ready for hanging when delivered to the exhibit
• The theme of the art must be somehow related to vision, blindness, or disability or the artist must have a disability.
• If accepted, the work(s) must be delivered to Friedman Place, 5527 North Maplewood, Chicago, between May 10 - 15 and picked up (or will be mailed, at owner’s expense) between June 2 – 6.
• Work will not be available for sale, but if the artist chooses, his/her contact information will be provided to visitors to the exhibit.

Instructions to Submit Work • Digital photographs (2-3 per piece) plus title, medium, dimensions, and artist’s name, address, and phone number must be received by email to alexander@friedmanplace.org by April 17. Artists may submit up to 3 pieces for consideration.
• Artists will be notified by email if the work has been accepted by April 21, 2017.

Need more information? Contact Alexander Brown at 773.409.6115 or alexander@friedmanplace.org 

For more on Friedman Place, visit : www.friedmanplace.org/

                                       Facebook: https://www.facebook.com/friedmanplace

Address: 5527 N Maplewood Ave, Chicago, IL 60625

Phone: (773) 989-9800

'Hamilton' Producers Sued Over Services for Blind Theatergoers

REUTERS -- The producer of "Hamilton" has been sued by a blind theatergoer who claimed that the blockbuster Broadway musical violates federal law by failing to offer services to help blind and visually impaired people enjoy the show.

Article by Jonathan Stempel | January 24,2017       

In his complaint on Monday, Denver resident Mark Lasser said Hamilton Uptown LLC and Nederlander Organization, which runs the Richard Rodgers Theatre in Manhattan where "Hamilton" is performed, could easily provide live audio narratives to help visually impaired people follow stage action between songs.

But Lasser said the theater refuses to offer such narratives, which can be listened to with headphones so other patrons will not be disturbed.

He said this violates the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in places of public accommodation, and "will continue to deter blind and visually impaired people from attending musicals."

The proposed class-action lawsuit was filed in Manhattan federal court. It was reported earlier by The Wall Street Journal.

Nederlander did not immediately respond on Tuesday to requests for comment. Spokesmen for Hamilton Uptown declined to comment. A lawyer for Lasser could not immediately be reached for further comment.

Lasser seeks to require "Hamilton" to put on at least one show per week with at least 25 headsets designed to accommodate visually impaired people.

He noted that former U.S. Attorney General Loretta Lynch on Nov. 21 signed a final rule requiring many movie theaters to provide similar accommodations by late 2018 to blind patrons. (here)

"Given the similarities," the complaint said, "live theaters must also be required to provide live audio description to the blind."

It is unclear why the lawsuit specifically targets the Broadway production of "Hamilton."

The New York law firm representing Lasser specializes in ADA lawsuits.

"Hamilton" tells the story of U.S. founding father Alexander Hamilton in a musical blending, hip-hop and rap, rhythm and blues, ballads and Broadway showstoppers.

It won 11 Tony awards last year, including best musical and best book for creator Lin-Manuel Miranda, who also won a Pulitzer Prize.

The case is Lasser v Nederlander Organization Inc et al, U.S. District Court, Southern District of New York, No. 17-00490.

http://www.reuters.com/article/us-new-york-theater-hamilton-idUSKBN15900N