Resolution 2024 14 - Making ADA Paratransit More Equitable

Submitted by the California Council of the Blind and Others

Whereas, Title II of the Americans with Disabilities Act (ADA) requires state and local governments which operate fixed-route public transit services (hereafter “transit agencies”) to provide “complimentary paratransit” for individuals who are unable, because of a disability, to independently use fixed-route transit services; and

Whereas, the U.S. Department of Transportation (DOT) requires that paratransit services meet specific minimum Regulatory criteria (49 C.F.R. Part 37), including: service area, days and hours of service, reservations requirements, trip limits and priorities, and allowable fares; and

Whereas, as a result of the federal ADA regulations adopted pursuant to the limited core goal of ADA paratransit, these services are, more often than not, expensive, unreliable, and fail to enable people with disabilities to get where they need to go when they need to get there; and

Whereas, the ADA also expressly permits transit agencies to provide additional services or a greater level of service than is required by the ADA’s paratransit minimum mandate; and

Whereas, many people with disabilities, including people who are blind or have low vision, depend on paratransit services for access to education, employment, healthcare, shopping, worship, visits with family and friends, and other activities; and

Whereas, transit agencies unfortunately are currently permitted by regulations to require paratransit riders to book trips a day in advance, negotiate pick-up times by up to an hour before or after the time they need or wish to travel, wait for extended periods of time in order to receive trip confirmation, travel for extended periods of time (which can sometimes exceed several hours), and pay up to twice as much as the same trip would cost on the transit agency’s fixed-route transit network; and

Whereas, these unfortunate and unnecessary characteristics of paratransit often harm riders with disabilities by causing them to spend more time and money on transportation than other transit riders, arrive late to work and appointments, which has sometimes cost paratransit riders their jobs and/or access to healthcare appointments, educational and training opportunities, and otherwise seriously undermine the ADA’s promise to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency ...” for individuals with disabilities; and

Whereas, when judged by today’s standards, many of the policies set forth in current paratransit regulations, are objectively unequal to the level of service that transit agencies provide for people without disabilities and are, therefore, inequitable; and

Whereas, a growing number of transit agencies are taking steps to make their ADA paratransit services more equitable by aligning paratransit fares with fixed-route transit fares, by implementing same day paratransit for at least some trips, and by updating policies, practices, and service models based on the growing power of an array of transit-related technologies, including accessible mobile apps, real-time vehicle tracking, and rideshare services;

Now, therefore, be it resolved by the American Council of the blind in convention assembled virtually, that this organization affirm its belief that the time has come to address the inequities that are embedded within the current ADA regulations set forth in 49 CFR Part 37 and to begin the process of making a paradigm shift such that the purpose of paratransit service will be to allow persons with disabilities to get where they need to go when they need to get there; and

Be it further resolved that this organization direct ACB’s leadership to call upon and join with other organizations of and for people with disabilities to develop proposed national standards for paratransit service to provide for just, equitable timely and efficient service for riders with disabilities and to collectively advocate for their adoption by the U.S. DOT; and

Be it further resolved that, if the ACB Board of Directors concludes that circumstances justify ACB advocating primarily or solely on its own, the Board shall consider other advocacy options to carry out this resolution; and

Be it further resolved that the Executive Director and/or President provide a report at the next annual ACB Conference and Convention regarding progress on this resolution.

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Resolution 2024-13 - Accessibility of NextGen TV

Submitted by Carl Richardson and Timothy Wynn on behalf of the ACB Audio description Program

Whereas, the American Council of the Blind is a leader in advocating for accessible television and entertainment for all blind, low vision, and deaf-blind viewers; and

Whereas, NextGen TV, also known as ATSC 3.0, is an emerging standard for over-the-air broadcast television, has launched in over 70 markets, and is currently available to 75% of Nielsen households in the U.S.; and

Whereas, this organization championed the passage of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) that codified into law the restoration of audio description of television programming, aural representation of emergency information, and accessibility of video programming playback and recording devices; and

Whereas, Next Gen TV has the potential to benefit viewers who are blind, low vision, deaf-blind, deaf, and hard of hearing as it supports various accessibility advances including worldwide closed caption technology, audio services including audio description service and dialog enhancement, and advanced emergency alerting capabilities; and

Whereas, television broadcast stations have traditionally limited the secondary audio stream to just one service, which can be a disadvantage to those with diverse linguistic and accessibility needs; and

Whereas, unless extended for a third time, the current digital television standard, also known as ATSC 1.0, will sunset on July 17, 2027;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that his organization, in conjunction with other disability-related organizations, will advocate directly with the Advanced Television Standards Committee (ATSC), the Federal Communications Commission (FCC), and industry stakeholders to ensure: pass through of all provided secondary audio streams regardless of technology; implementation of enhanced accessibility features according to universal design principles; and extending the overall accessibility of televisions, set-top box, and other modern viewing platforms.

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Resolution 2024 12 - Audio Description for Streaming Services

Submitted by Clark Rachfal on behalf of the ACB Audio Description Project

Whereas, the American Council of the Blind is the pre-eminent advocacy organization for the creation, distribution, and enjoyment of high-quality audio-described video content; and

Whereas, audio description is audio-narrated descriptions of video programming’s key visual elements inserted into natural pauses in the program; and

Whereas, this organization championed the passage of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) that codified into law the requirements for the creation and distribution of audio-described video programming by broadcast television providers and multi-channel video program distributors (MVPDs), such as cable and satellite video providers; and

Whereas, this organization’s advocacy and the implementing regulations of the CVAA have resulted in an increase in audio-described video programming on broadcast and cable television; and

Whereas, consumers’ video viewing habits have evolved since 2010, and a continuously growing number of consumers are subscribing to streaming video providers; in 2024, YouTube TV became the fourth largest linear subscription video service in the United States; and

Whereas, this organization continues to receive complaints from consumers of recalcitrant streaming video providers that they are not meeting the accessibility requirements of the CVAA and are not passing through audio-described content made available on broadcast television or by other MVPDs; and

Whereas, on Dec. 19, 2014, the Federal Communications Commission (FCC) released a Notice of Proposed Rule Making (NPRM) seeking comment on a proposal to update its rules to better reflect the fact that video services are being provided increasingly over the Internet; however, this rule making was not finalized;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that this organization advocate directly with streaming video providers, broadcast and non-broadcast networks, to pass through existing audio-described content as is already done with broadcast and cable television so that people who are blind or have low vision are not left behind through this technological transition; and

Be it further resolved that this organization work with the FCC to use its existing authority to refresh the record and ensure that the definition of multi-channel video programming distributor is updated and that all video programmers, regardless of the underlying technology used, are subject to the accessibility requirements of the CVAA, including the pass-through of audio-described content; and,

Be it further resolved that this organization work toward the swift passage of the Communications, Video, and Technology Accessibility Act to expand the amount of audio-described content available for consumers, regardless of how they choose to consume it.

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Resolution 2024-11 -Promoting Military Dining Facilities

Submitted by Ardis Bazyn on behalf of Randolph-Sheppard Vendors of America (RSVA)

Whereas, the primary purpose of the Randolph-Sheppard Act is to provide employment opportunities and economic benefits for vendors throughout the United States who are blind or have low vision; and

Whereas, the Randolph-Sheppard Vendors of America (RSVA), an affiliate of the American Council of the Blind, works for the expansion of the Randolph-Sheppard program and for the protection of the interests of blind and low-vision persons engaged in the operation of vending facilities under that program; and

Whereas, as one means of accomplishing these goals, RSVA tracks major decisions across the country affecting the Randolph-Sheppard Program; and

Whereas, state agencies overseeing the Randolph-Sheppard Program provide opportunities for blind and low vision vendors in federal, state, county, and military facilities; and

Whereas, the Department of Defense (DOD) solicits multi-state military dining contract bids; and

Whereas, under these solicitations, DOD requires one entity to be the lead for the entire contract; and

Whereas, under the Randolph-Sheppard Act priority, states have the opportunity to bid against private companies on behalf of their blind and low vision vendors; and

Whereas, state Randolph-Sheppard program administrators are unwilling or unable to bid on multi-state contracts when one state would be the lead entity and others would be subordinate;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually that ACB and RSVA will jointly urge the Department of Defense to work collaboratively with the Department of Education to eliminate any requirement for a lead contractor in multi-state military dining facility contracts in order to expand employment opportunities for blind and low vision individuals in the Randolph-Sheppard Program; and

Be it further resolved that this organization, along with RSVA, will take other actions as necessary to remove this barrier to the employment of blind and low-vision vendors.

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Resolution 2024-10 - NLS Racial, Ethnic, and Cultural Searches

Submitted by Cheryl Cumings on behalf of the ACB Multicultural Affairs Committee

Whereas, public library patrons are able to search for books by authors of specific racial, ethnic, and cultural backgrounds that explore topics and experiences specific to them in multiple genres; and

Whereas, there is no comparable ability for National Library Service for the Blind and Print Disabled (NLS) patrons to search for books in this manner; and

Whereas, the 2023 Report from the Education Trust and the 2020 Oakland University Study on the Impact of Reading Culturally Relevant Books demonstrates the positive impact of reading books which reflect the reader's ethnic, racial and cultural background; and

Whereas, it is important to encourage reading among NLS patrons by enabling them to easily search and identify books which represent their racial, ethnic and cultural backgrounds, written by authors from those unique perspectives;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually that this organization will ask NLS to identify a process by which library patrons will be able to easily search for books by authors of specific racial, ethnic, and cultural backgrounds, by topic, and by genre; and will also ask NLS to report progress at ACB’s 2025 national convention.

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Resolution 2024-09 - Enhancing Employment Opportunities for Individuals Who are Blind or Have Low Vision

Submitted by: ACB Employment Committee

Whereas, the unemployment rate of people who are blind or have low vision is at least two to three times higher than their non-disabled peers; and

Whereas, a recent survey conducted by the Employment Committee of the American Council of the Blind highlighted a number of discouraged workers who report that due to discrimination, the SSI-SSDI "cliff," technology challenges, and inadequate transportation, they are failing to gain access to jobs for which they are qualified;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually that the American Council of the Blind will increase its focus on employment through strategies such as:

1. Working collaboratively with successful thought leaders in the employment arena to hold a summit on employment opportunities and challenges impacting people who are blind or have low vision, and using findings from this summit to define an appropriate consumer role for ACB as a chief influencer and leading blindness organization, in order to increase employment opportunities for people who are blind or have low vision; and

2. Providing information to members on any regulatory or legislative developments related to Social Security reform that might impact work incentives or payments to blind or low vision individuals seeking employment, and reporting on whether any such legislation or regulatory development is feasible as an imperative for ACB; and

3. Ensuring that the reduction of employment barriers is incorporated into communications related to advocacy initiatives whenever possible and encouraging members to stress employment while communicating with legislators and policymakers; and

4. Highlighting employment-related activities of ACB affiliates and chapters; and

Be it further resolved that ACB will report on the above activities during its 2025 Conference and Convention.

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This resolution failed on June 27, 2024. A record vote was requested that will occur on July 1, 2024.

Resolution 2024-06 - Decisions Impacting ACB Members

Submitted by Alice Ritchhart

Whereas, in our “age of information,” it is a reasonable expectation that when leaders of a member-driven organization make decisions directly impacting the membership, they will do so by first obtaining member input to attempt to make the most informed decisions possible; and

Whereas, this expectation certainly applies in the case of decisions made by the Board of Directors of the American Council of the Blind (ACB); and

Whereas, decisions directly impacting ACB members may include, among others, member benefits, conventions, and ACB channels of communication; and

Whereas, ACB has several methods for obtaining member input, including, but not limited to, ACB community calls, conferring with state and special interest affiliate leaders, conducting surveys, and publications;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that this organization direct the ACB Board of Directors to establish a mechanism to inform the membership regarding upcoming Board decisions, collect member input, and disseminate that member input to the Board prior to making decisions.

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This resolution was tabled on June 27, 2024

Resolution 2024-03 - Creating a Communications Working Group

Submitted by Paul Edwards

Whereas, braille constitutes a primary medium of written communication used by people who are blind or have low vision for literacy, marking and labeling, playing games, and learning mathematics, science and music; and

Whereas, audio formats including text-to-speech (TTS) and large print are also primary modes of written communication used by people who are blind or have low vision;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that the ACB President shall convene a working group consisting of representatives from at least the following: the Braille Revival League, the Council of Citizens with Low Vision International, Blind Information Technology Specialists, and the ACB Board of Publications, to develop guidelines to be shared with other organizations concerning multiple modes of conveying and disseminating information; and

Be it further resolved that recommendations will be presented to the Board of Directors regarding how the American Council of the Blind will work to assure that braille, large print and text-to-speech are appropriately promoted and defined and used so other entities will be clearly informed regarding the expectations of people who are blind and low vision concerning communication including labeling and education; and

Be it further resolved that this working group will report at the ACB Conference and Convention in 2025.

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Resolution 2024-02 - NLS and Spelling of Authors’ Names

Submitted by Paul Edwards

Whereas, the National Library Service (NLS) includes spelling the names of authors discussed in the New York Times Book Review; and

Whereas, there are several other NLS-produced magazines in audio format which incorporate book reviews;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that this organization and its special-interest affiliate, Library Users of America, request that the NLS extend the policy begun with the New York Times Book Review and apply it to other audio publications where there are book reviews; and

Be it further resolved that this would include at least Bookmarks, Ellery Queen's Mystery Magazine, Analog, Asimov's, the Atlantic and the New Yorker.

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Resolution 2024-01 - The Use of Shapes and Braille for Labeling Products

Submitted by: Paul Edwards

Whereas, in an effort to make identification of products more accessible, Procter and Gamble has recently introduced a marking system using lines and shapes; and

Whereas, Procter and Gamble is seeking to have this system considered for industry-wide use; and

Whereas, Procter and Gamble rejected the use of braille for marking and identifying products because they believe only ten percent of people who are blind read braille; and

Whereas, an article published in the Journal of Visual Impairment and Blindness clearly indicates that the "ten percent" figure has no basis and should be disregarded; and

Whereas, braille represents the primary medium of written communication for many people who are blind or have low vision, including many members of ACB; and

Whereas, there is a widely held belief that braille is too difficult to be easily learned and used. However, recognizing a small number of characters does not require full braille literacy, and therefore, complete braille literacy is not required for braille to be used as a means of identifying products; and

Whereas, braille labeling of pharmaceutical products has been required by the European Union for more than a decade;

Now, therefore, be it resolved by the American Council of the Blind in convention assembled virtually, that this organization reaffirm its support for braille and reject the idea that shapes or other tactile markings can, by themselves, constitute an appropriate replacement for braille when marking products or surfaces; and

Be it further resolved that this organization call upon its elected leaders and staff to consult with special-interest affiliates with appropriate expertise such as the Braille Revival League before embracing systems such as that proposed by Procter and Gamble; and

Be it further resolved that, if shapes or other non-braille marking systems are employed, ACB shall recommend the inclusion of braille as well; and

Be it further resolved that this organization appreciates the efforts of Procter and Gamble to encourage accessibility in its product line, and asks that it consider working to incorporate braille as an appropriate tactile symbol in any future marking systems for its products.

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