The UCB
Flier
A publication of
Utah Council
of the Blind
September
2019
Annual
Meeting Issue
For the latest news
updates call the Utah Connection 801-299-0670 or 1‑800-273-4569. (You may
also leave a message at the end of the announcement.)
Mail correspondence
to: UCB, PO Box 1415, Bountiful, UT 84011-1415. E-mail us at ucb.board@gmail.com.
The UCB Flier is available in large print, Braille,
audio CD, as a data (Microsoft Word and a plain text file) CD, and by e-mail.
If you would prefer to receive your newsletter in a different format, please
call the Utah Connection or send an e-mail to ucb.board@gmail.com and let us know.
In
This Issue
President’s Message.................................................................................. 4
UCB Annual
Business Meeting.................................................................. 5
Candidates
for Office.................................................................................. 6
President—Tina Terry............................... 6
Secretary—Sandy Ruconich..................... 7
Director—Sandy England......................... 8
Director—Aunilie Hathaway...................... 9
Director—Tom Mitchell........................... 11
Suggested
Amendments to Bylaws.......................................................... 13
Poulson
Family Scholarships................................................................... 15
Award
Nominations.................................................................................. 16
2019 Utah
State Fair................................................................................ 17
Getting to
Know You Membership Drive Activity...................................... 19
Uber Added to
Cab Coupon Program....................................................... 20
Free Braille
to Good Home....................................................................... 21
ACB 2020
Conference and Convention.................................................... 22
Needing Baby
Booties and Socks............................................................ 23
JAWS Screen
Reader Information............................................................ 24
Tactile
Glassware That Really Is.............................................................. 26
Final
Statement of Enforcement Priorities Regarding Service Animals by the FAA.................................................................................................... 28
Walmart and
Sam’s Club Set Standard for Providing Accessible Prescription Labels Across
U.S................................................................ 31
Website
Accessibility Requirement........................................................... 35
Key Points.............................................. 35
General UCB Information......................................................................... 42
Upcoming Board Meeting....................... 43
Disclaimer
Articles and
announcements included in this publication are presented for your information
and interest. They reflect the opinions of the respective authors and are not
necessarily endorsed by the UCB.
Things have gotten very busy around our home and the UCB. Rick is doing well with chemo, but he is starting to wear out more easily. For this reason, I am needing to be more available for him, especially in the evenings. I am needing to change the hours of phone calls so that I answer them from 8:00 a.m. to 6:00 p.m. Monday through Friday. I appreciate everyone's consideration during this time.
I also want to take a moment to remind everyone about the Health and Information fair on the 18th of October from 9:00 a.m.-5:00 p.m. There are a lot of topics that we will be covering during this time. We have a licensed therapist talking about stress management, emergency management, earthquake preparedness, exercise, and much more. Please call or text 801-245-9264 to register. You may also email ucb.board@gmail.com The cost will be $5.00 per person. Please let us know if you need assistive devices for hearing.
The Annual Business Meeting of the Utah Council of the Blind will be held at the Division of Services for the Blind and Visually Impaired, 250 N 1950 W, Salt Lake City, UT at 10:00 a.m. on Saturday, September 21, 2019. Reservations are required so that we can have enough food for everyone. Please call the Utah Connection or email ucb.board@gmail.com with your name, the names of others in your party, and your telephone number no later than Monday, September 16th. When you make your reservation, please indicate whether or not each person in your party is a member of the UCB, whether you use large print or braille, any dietary restrictions you or a member of your party may have, and if you will need a listening device or any other accommodation.
Membership Verification: In order to vote at the annual business meeting a member's dues for 2019 must be paid no later than September 14, 2019. If you have any questions about your membership status, please contact our Membership Chair, Aunilie Hathaway at 801-244-5505 or via e-mail at ucb.board@gmail.com.
My name is Tina Terry. I have been the President of the Utah Council of the Blind for the last two years. I have also served on the board previously. I feel I have been able to benefit the UCB in many ways during my term in office and would like to continue to do so. I believe I have been able to work with people of all ages and have been able to help educate and encourage learning about blindness. If I am elected, I will continue to educate in every way possible and do everything I can to strengthen the Council and what we stand for.
My name is Sandy Ruconich. I have served on the UCB board for the past several years and have therefore come to understand a lot about how the organization works.
This year I'm running for secretary. I have been student body secretary of my high school, of my homeowners' association, and of Greatest Paws on Earth (the Utah guide dog users group). Because of these varied experiences, I've learned how to take minutes and to separate what's important to include in the minutes from what isn't.
My vision for the next few years is to involve more young people in UCB. I'll do all I can to see that that happens.
I believe I can continue to provide the same high quality of secretarial skill that Aunilie Hathaway currently brings to the office, and I will learn from her the unique aspects of being UCB's secretary. If elected, I look forward to serving you.
My name is Sandy England, and I would like to be a member of the UCB Board of Directors. I have been on the board before. and now that time has passed and I have more time, I would like to ask you for your vote.
I’ve offered my services now for over a year and now would like to do more. I did help with the Health Fair last year. I’m in charge of the Christmas party this year. My love has always been to help people and fight for the rights of the visually impaired and blind. I have seen this organization grow and just get better over time. I’m willing to give my time and ideas and work with others on committees or to head them. I did fund raisers for the Council with the “PJs for kids” drive and felt it went very well. I’ve helped obtain donations for our reader program. I’ve lived in Utah for a long time. I came here in 1990 and left for 2 years when I got married. Now with being wiser and older I feel I would do a great job for the Council.
I will appreciate
your vote.
My Fellow UCB members, my name is Aunilie Hathaway. I have been serving as Secretary of the Board of Directors since July 1, 2009, but this year I am seeking election to the position of general board member on the Board of Directors of the Utah Council of the Blind and wanted to take this opportunity to reintroduce myself. Although I am quiet, introverted, and usually found in the background, I slowly grew into my role as secretary. About seven plus years ago, I also took on the role of membership clerk, have had countless opportunities to serve on various committees within the organization and over the years have taken on many larger projects and responsibilities. I am passionate about our members, our programs, and keeping our organization alive to give the blind and visually impaired of Utah a choice.
I believe that the major pain points for the blind and deafblind are employment, transportation and the lack of community education. I feel that UCB, along with its current programs, needs to refocus its efforts to educating us, as members to know how to tactfully advocate for ourselves and how we can positively educate the communities of which we are a part.
I look at the different blind organizations in the same way I look at different political parties. Sometimes we agree on issues and sometimes we do not, but, in the end, we essentially want the same thing. I, as an individual and an officer of UCB feel the best way to work together is to respect our differences and be willing to listen to the different viewpoints as they are presented and try to come together.
Outside of UCB, I have 20 plus years of experience working in the private sector where I gained customer service, problem solving, complaint resolution and various other office/administrative skills. I currently work for the Utah State Division of Services for the Blind and Visually Impaired as their receptionist. I am married to my best friend and fellow UCB member, Rob Wiener, who encourages and fully supports and encourages my work for the council.
I look forward to continuing to learn about, advocate for and promote programs to assist the visually impaired. I feel I can continue to be an effective and productive member of the UCB board as a general board member.
Thank you for your consideration.
I wish to run for the 2-year position on the Board of Directors of the Utah Council of the Blind. I am not interested in the Presidency or any other position available. I have held a number of offices in this organization: Secretary, Vice-president and President. I have the distinction of being the only non-elected president of the Council, having taken office upon the untimely death of Grant Mack. I also served three terms on the Board of Publications of the American Council of the Blind.
I think one of the problems we have is
communication. I don't think we always say what we mean very clearly, and I'd
like to bend my talents in the area of our written and spoken communications.
For the past three months I've been producing the audio version of our UCB Flier,
in the hopes of improving that medium of communication. And, while we're at it,
we need to change the name of that publication. It needs something more
descriptive of what it is. It's a newsletter, not
a 2-page list of upcoming events. It contains useful information for people of
varied interests. We also need to get to the young people in our state and
recruit them. This is not just a statewide problem, but a national problem. It will
require thought and action. I hope I can help.
Things are not the same as when I was in higher positions 20 years ago, but I'm willing to learn how I can help keep the Council moving and growing.
Current Section 4.2. Not less than six months prior to the annual
business meeting the Board of Directors shall appoint a Nominating Committee
consisting of at least three members. The Nominating Committee shall have
responsibility for authoring and publishing a questionnaire for each open
position to be completed by every candidate for the position. The names of the
committee members and the questionnaires shall be published to the membership
not less than sixty days prior to the annual business meeting. The Nominating
Committee, in conjunction with the Membership Committee, shall have
responsibility for verifying the qualifications of members wishing to have
their names placed in nomination for available positions on the Board of
Directors. No member who agrees to serve on the Nominating Committee may run
for office in the current election. Any qualified member of the organization
wishing to run for a position on the Board of Directors may notify a member of
the Committee by submitting the appropriate completed questionnaire. These
completed questionnaires shall be published at least 30 days prior to the
annual business meeting…
Suggested Section 4.2. Not less than six months prior to the annual business meeting the Board of Directors shall appoint a Nominating Committee consisting of at least three members. Not less than three months prior to the annual business meeting the names of the Committee members shall be announced to the membership either in written form or through the use of other media such as the Utah Connection. The Nominating Committee, in conjunction with the Membership Committee, shall have responsibility for verifying the qualifications of members wishing to have their names placed in nomination for available positions on the Board of Directors. No member who agrees to serve on the Nominating Committee may run for office in the current election. Any qualified member of the organization wishing to run for a position on the Board of Directors may notify a member of the Committee by submitting a short (one page or less) written statement concerning his/her qualifications and vision for the future of the organization, which will be distributed to the membership…
By Leslie Gertsch
The UCB has scholarships available for outstanding students seeking higher education. If you are attending a Utah university, college or trade school, or if you know of someone who might be eligible, please contact the Utah Connection 1-800-273-4569 or 801-299-0670 to request an application. All applications and required documentation will due by September 1st, 2019. They can be mailed, emailed or faxed. However, the transcripts must be mailed to the UCB, PO Box 1415, Bountiful, UT 84011-1415. Students should have a GPA of at least 3.0 to compete. Scholarship funding can be used for tuition, housing, or books. If an individual receives a scholarship, a report is required describing the use of the funds. Scholarships will be presented at the Annual Business Meeting on September 21, 2019.
By Cordie Weed
It is that time of the year again that the UCB recognizes those who have given their time generously serving the blind and visually impaired community. The UCB would present awards to these people at the annual business meeting in September. There are three levels of awards offered to those who have served so faithfully. If you have anyone who deserves recognition by serving you or others whom you know, write a paragraph or two about this individual and submit to ucb.board@gmail.com or mail it to PO Box 1415 Bountiful, Utah 84011-1415 no later than September 1, 2019.
It is nearly time for the Utah State Fair. Once again, the UCB plans to attend with those members who have an interest. You and your guide may attend for only $1.00 each and access all the entertainment and special events provided on that day. Any other expense is on your own. Currently, the UCB plans to attend the Fair on Monday, September 9th, at 6:00 p.m. It is important that everyone gather at the main gate on 1000 West in the middle of the Fair Park parking lot (North Side Entrance) at 5:30 to get organized and enter as a group at 6:00 p.m. If you are late you will not be able enter with the discount. The UCB has also been invited to attend the Circus performance, which is held on Wednesday, the 11th of September. Please meet by 9:30 a.m. to participate in this event. You are encouraged to listen to the Utah Connection for possible dates, times and meeting point changes, since we are subject to the direction of the fair park. Sighted children 6-12 are $8.00. Other sighted family members or friends who are not guides are $10.00. Children younger than 6 years of age are free. On Monday, rides are often buy one all you can ride wrist band get one free. You are encouraged to watch for special discounts for these people who wish to attend with you through your radio stations or grocery stores. On Wednesday, refreshments maybe served prior to the Circus performance. Children’s rides are often free on Wednesday. Although you do not need to prepay, reservations are requested so we can inform the fair park of the numbers attending. Listen to the Utah Connection for any changes and leave your reservation, including the count for the number in your party and your phone number. With this information it will be less likely that we leave someone behind. It is important to remember that the fair people are not as flexible about admitting children as guides if the numbers of blind and guides do not match, so beware. After entering the fair, you are on your own, and you can leave whenever you wish. Transportation is on your own as well. Just a final warning that the group will enter promptly at 6:00 p.m. In order to get the discount, you must be there in the group.
By Monica Youngdell
Greetings, fellow UCB. members, families, neighbors and friends! We would like to welcome you to our getting to know you membership activity on Saturday, November 2, 2019 at the Division of Services for the Blind, 250 North 1950 West, Salt Lake City, starting at 11:00 a.m. and ending at 1:00 p.m. Everyone is welcome, so please come and enjoy games, food and just hanging out with some awesome people. We will be having our membership drive, where you will have the opportunity to sign up for a membership as well. Membership dues are $10 per person. You may pay at the activity, send a check or pay by card as well as at the UCB. business meeting. Reservations for the lunches are $6 per person. Please let us know if you have any dietary restrictions when you reserve as well as how many are in your party. Reservations are due for lunch no later than October 25, 2019 to ensure that we have enough food for all. You will need to call Tina at 801-245-9264 to reserve your spot. You can send a check with your information as an option to Utah Council of the Blind, PO Box 1415, Bountiful, UT, 84011-1415. It is crucial to send checks or make reservations in a timely manner. We look forward to seeing you there!
By Tina Terry
The Utah Council of the Blind is pleased to announce that we have expanded our cab coupon program to include Uber. The price will be the same $60.00 for a $200.00 gift card. There are a few differences, however. The gift cards can only be ordered using a debit or credit card. If you are interested in using Uber, call 801-245-9264 between the hours of 8:00 a.m. and 6:00 p.m. The gift cards are ordered from Amazon and you will receive them by email. There will be a code that will need to be entered the Uber app on your smart phone. After you enter the code, make sure that the Uber cash is your default payment. These gift cards are nonrefundable. Please remember that these cards can only be ordered every 30 days.
The UCB has received several braille books, which can be given to those who read braille and who wish to have hands-on access to these materials. In the UCB office there are currently several different cookbooks in braille. If you have an interest, contact Donni on Wednesday afternoons, and you can take the books of your choice home. We also have had the offer of LDS scriptures in braille. These include the New and Old Testaments, King James Version, and the Book of Mormon. If you would like to own these, contact Tina Terry for further information. Call 801-245-9264 during business hours or leave your contact information on the Utah Connection.
Hello everyone,
The 2020 American Council of the Blind Conference and Convention will be held in Schaumburg, Illinois from Friday, July 3rd through Friday, July 10th at the Renaissance Hotel and convention center.
Opening general session will be Saturday evening, July 4th. Daily general sessions will be held Sunday through Wednesday mornings, and our final general session will be Thursday the 9th.
The exhibit hall is open Saturday through Wednesday. We will have all-day tours on Friday the 3rd and Friday the 10th, with many other tours throughout the convention. Special-interest affiliates, ACB committees and our business partners will hold sessions Saturday through Wednesday (7/4 through 7/8) our banquet will be the evening of July 9th.
Contact me with any questions either via phone 651-428-5059 or email janet.dickelman@gmail.com
By Sandy England
There is a great need for those of you who crochet and knit. In Zimbabwe, Africa there is an urgent need for baby booties and socks. These women have nothing! When they have a baby they wrap them in paper for blankets, which are hard to get and keep, and they are very, very poor. The babies need little hats and booties and socks. These are for babies. If you have any leftover yarn and would like to make these please let me know and I’ll try to pick them up from you. Their water is for drinking and that is all! So, when things get too dirty they just throw them away, for they have no choice in the matter. Water just isn’t plentiful there. They need lightly used shoes and blankets. The women need to keep working, so try to send these blankets which women sew, and then the women there can wrap the baby in them. They do this so they can continue to work. Please, if you have any questions, let me know.
Thank
you,
Sandy England
Email: syeangel@comcast.net
Home Phone: 801-282-1905
By Tina Terry
Many of us are screen reader users. It is wonderful to have different options such as JAWS, NVDA and Narrator. Those of us who are JAWS users may find ourselves in a situation where our version is out of date and it would cost several hundred dollars to get it back up to date and purchase a service maintenance agreement. Vispero has launched a new program that is an annual renewal. It keeps your JAWS or ZoomText up to date as a subscription. The annual fee for ZoomText is $80 and JAWS is $90. You can purchase a 1-, 3-, or 5-year subscription. This will give you the updates as they are rolled out, and they are very easy to download. You can download them by going to the freedomscientific.com website. Look for shop online and follow the instructions. Below are some YouTube links that will help you through the process. The links are: https://www.youtube.com/watch?v=X1lyjIt8giA
Using the Software Portal and Installing your Software
https://www.youtube.com/watch?v=g9LfdidV3-k
When you purchase the JAWS or ZoomText, you will also receive emailed instructions on how to download whichever program you choose. It is for home use only and can be installed on up to 3 computers at a time. It is also very easy to remove from one computer and put on another one.
By Tom Mitchell
It takes a lot to impress me, especially when it comes to artwork, or glassware. Normally, I couldn't care less. I hate containers that are rough or have designs that you can maybe feel if you work hard enough. They're not worth my time.
Until this summer at the ACB convention. I saw there, glass jars for treats, with raised designs of paw prints all around the jar, which stood out in wonderful relief, with the word "treats" in braille and script on the jar. Now, the fact that the braille was on the jar was, to me, not the most impressive part, it was the quality of the Braille. The dots are sharp, properly-shaped, and exactly the right distance apart. It was perfect Braille, and I've read a lot of Braille in the past 67 years, and I know good Braille when I see it. The jars also had lids with rubber seals to keep the food inside fresh. Not cheap seals either, but strong good ones.
There were mugs for all occasions, spice jars, salt and pepper shakers, and more, most priced under $20.
These beautiful, (yes, I said beautiful) containers are made by Kathy Keck of Loving Touch Connection. According to the website one of the reasons she created these pieces was "to bring the world of art to people who are blind or visually impaired." And that they do. Braille messages are created in raised script and usually uncontracted Braille, but Grade 2 Braille is available on request. Spanish and French writing is also available. You couldn't find glassware of this quality in many stores.
As I said, I'm usually not impressed by this kind of exhibit, but this one truly is unique and beautiful. So, if you wish to get a full listing of products contact their website at http://www.lovingtouchconnection.com/. I'm planning on ordering one or two pieces for Christmas gifts.
Final Statement of Enforcement Priorities Regarding Service Animals by the Federal Aviation Administration
On Thursday, August 8, 2019, the Federal Aviation Administration (FAA) put out a final statement of Enforcement Priorities Regarding Service Animals. The statement responded to comments provided by a myriad of advocacy groups after an interim statement was issued in May of 2019. This final statement supersedes previous statements.
The new statement provides several provisions that positively impact the travel of guide dog users. First, service animal users are not required to provide advance notice to airlines before they travel with their service animals. Airlines previously proposed new policies that would require up to 48 hours of notice before a passenger flew with a service animal. However, the final statement prevents airlines from doing so for people flying with service animals. Airlines can only request such notice if the flight will exceed eight hours in length. This guideline allows for service animals to fly more easily, without having to pre-plan before trips. In the instance where the flight will exceed eight hours, an airline can then ask for documentation that the dog will not have to relieve on the plane. Also, the airline can request early check-in for such situations.
Next, if a situation presents itself where an airline employee questions the legitimacy of a service animal, the airline employee is allowed to ask limited questions concerning proof that the dog is a service animal. This limited questioning is comparable to the three questions business owners are permitted to ask patrons under the Americans with Disabilities Act when the legitimacy of a service animal arises.
Finally, a request for documentation is only permitted when determining whether a dog poses a direct threat to other travelers or airline employees. If an employee believes a service dog poses such a threat, the airline is allowed to ask for documentation to demonstrate factors such as the existence of vaccinations, the behavior of the dog, or the history of the dog’s training. The test used to determine what documentation is permissible is that the documentation must be reasonable to believe that it would assist in determining if the dog poses a direct threat.
The final statement also stressed that breed and age restrictions for dogs are impermissible.
The FAA stated that a notice of proposed rule-making should be issued in the fall of 2019. ACB encourages to submit comments at that time. For more information, or to read the statement in its entirety, visit https://www.transportation.gov/airconsumer/latest-news.
Claire Stanley
Advocacy and Outreach Specialist
American Council of the Blind
1703 N Beauregard Street, Suite 420
Alexandria, VA 22311
(T) 202-467-5081
(F) 703-465-5085
Link to press release on ACB website: https://acb.org/walmart-samsclub-scriptalk-announcement
Link to press release on Walmart's website: https://corporate.walmart.com/newsroom/2019/07/18/walmart-and-sams-club-set-standard-for-providing-accessible-prescription-labels-across-u-s
BENTONVILLE, Ark., July 18, 2019 — Walmart and Sam’s Club are deeply committed to accessibility and medication safety for their blind, visually impaired and print-impaired pharmacy patients. To enhance their commitment, Walmart and Sam’s Club pharmacies provide En-Vision America’s ScripTalk audible (i.e. “talking”) prescription labels at Walmart and Sam’s Club pharmacies across the United States.
Since 2012, Walmart and Sam’s Club have equipped almost 1,200 of their pharmacies to provide ScripTalk audible prescription labels at a patient’s request. More than 750 pharmacies have been equipped in just the past three years with 25 additional Walmart and Sam’s Club pharmacies (on average) set up to provide ScripTalk labels each month.
“The American Council of the Blind is excited Walmart and Sam’s Club are showing their dedication to the safety and accessibility for the visually impaired through ScripTalk availability, setting an important standard in accessibility in healthcare. Our relationship with Walmart has flourished over the years, and we look forward to continued growth,” says Eric Bridges, Executive Director of the America Council of the Blind.
Walmart and Sam’s Club equips a pharmacy to provide ScripTalk upon a single patient’s request for audible prescription labels. Once a pharmacy is equipped, usually within 7-10 days, the pharmacy provides ScripTalk labels to patients requesting them at no charge and without lengthy delays.
“The ScripTalk system is important to providing convenient and safe healthcare for our customers,” said JoAnn Stevens, Senior Director of Health & Wellness Compliance at Walmart. “We are proud this technology is available at Walmart and Sam’s Club locations across the nation, and we look forward to adding more locations as patients ask for this free service at their local Walmart or Sam’s Club pharmacy. This service is free and available at all U.S. locations upon request.”
The ScripTalk labeling system, the industry leader in audible prescription labels, was developed by En-Vision America. To provide ScripTalk labels to their patients, the pharmacy places a RFID label on the bottom of a patient’s prescription bottle. The patient then places the bottle on a small, battery operated device called a ScripTalk Station, which is provided at no charge to the patient. The ScripTalk Station reads the prescription information out loud to the patient, including patient name, prescription number, drug name, dosage, use instructions, warnings, educational leaflets, and pharmacy information.
“We already have almost 1,200 Walmart stores and Sam’s Clubs offering the ScripTalk system,” says Amanda Tolson, a director of En-Vision America, maker of the ScripTalk system. “Walmart is a leader in disability rights and we’re pleased to grow our partnership to benefit the visually impaired community.”
Submitted by Sarah Smith
A
blind man couldn’t order pizza from Domino’s. The company wants the Supreme
Court to say websites don’t have to be accessible.
Published
Thu, Jul 25 2019 8:01 AM EDT
Updated Thu, Jul 25 2019 6:37 PM EDT
Tucker Higgins@tuckerhiggins
Guillermo
Robles, who is blind, has tried to order a custom pizza from Domino’s at least
two times in recent years, using the company’s website and mobile app.
Robles
is one of an increasing number of Americans with disabilities who are bringing
lawsuits under the ADA against businesses they say are discriminating against
them by not providing accessible websites.
The
official website for Beyonce is among the many
targeted by accessibility lawsuits.
Guillermo Robles, who is blind, has tried to order a custom pizza from Domino’s at least twice in recent years, using the company’s website and mobile app.
He says despite using screen reading software, he wasn’t able to order the food, because the website is not accessible to blind people.
So three years ago, Robles filed a lawsuit against the company. He alleged that the Americans with Disabilities Act, the 1990 law that requires businesses to make accommodations for those with disabilities, applied to the websites and apps of businesses with physical locations. A federal appeals court agreed. Now, the Supreme Court may weigh in.
Robles is one of an increasing number of Americans with disabilities who are bringing lawsuits under the ADA against businesses they say are discriminating against them by not providing accessible websites.
Businesses, including Domino’s, say the lawsuits are a nuisance, and argue that the federal government has not yet put out rules governing how to make their web platforms ADA compliant. But disabled groups and individuals argue that clear international standards exist, and companies must follow them or find another way to make their sites accessible.
Domino’s has petitioned the Supreme Court to hear Robles’ case, where it could prove to be a landmark battle over the rights of disabled people on the internet.
“If businesses are allowed to say, ‘We do not have to make our websites accessible to blind people,’ that would be shutting blind people out of the economy in the 21st century,” said Christopher Danielsen, a representative for the National Federation of the Blind.
The number of lawsuits over inaccessible websites has exploded recently. Last year, more than 2,200 such suits were filed in federal courts, according to the accessible technology firm UsableNet, up from just 814 in 2017.
Among other targets of the accessibility lawsuits: Beyonce.com.
In its petition with the top court, Domino’s wrote that leaving in place the lower court ruling for Robles would “turn that flood of litigation into a tsunami.”
Experts point to different causes for the increase in litigation.
One potential cause: In 2017, the Department of Justice said it would not be putting out regulations on the matter, reversing a 2010 announcement that such rules were forthcoming.
Scott Topolski, an attorney at the law firm Cole Schotz who represents businesses in ADA cases, said another cause may be the 2017 decision in the case Gil v. Winn Dixie Stores. In that case, the federal court in Miami held that the grocery chain’s website was required to be accessible.
“That probably emboldened attorneys, certainly here in Florida and probably throughout the country,” Topolski said. “The landscape so far hasn’t been great for defendants and defense attorneys.”
The suits so far have primarily hit those in the retail, food service and travel industries, according to UsableNet. A vast majority of the suits are filed by just 10 attorneys, the group found.
Business groups are lining up behind Domino’s. So far, the Chamber of Commerce, the Restaurant Law Center and the National Retail Federation have submitted friend-of-the-court briefs in support of the pizza company.
In its filing with the top court, the Chamber of Commerce wrote that the Justice Department has provided only “inconsistent, nonbinding, and unaccountable” rules for when and how websites must be accessible to those with disabilities.
“The current and worsening uncertainty favors no one, except perhaps the small class of plaintiffs’ firms that have driven this litigation,” attorney Gregory Garre wrote on behalf of the group.
‘Why not innovate and take our money?’
But Danielsen said the Justice Department’s decision not to implement standard rules leaves room for businesses to develop new tools for accessibility.
“Now we are in a situation where businesses should be happy, because although there are web accessibility standards out there, and courts have found them useful, companies have some flexibility and space to innovate,” he said.
“There is a ton of space for innovation in this area,” he added. “Rather than refusing to take the money of those of us with disabilities, why not innovate and take our money?”
Joseph Manning, Robles’ attorney, declined to comment on the case while it’s pending. He is due to file a response by Aug. 14.
The Supreme Court will decide whether to hear the case, Domino’s Pizza v. Guillermo Robles, when the justices return from their summer recess in the fall.
Donni Mitchell volunteers in the UCB Office at DSBVI, 250 N 1950 W, Salt Lake City, UT, from 12:00 to 3:30 p.m. on Wednesdays. If you wish to visit the office, we recommend you give her a call at 801-520-3766 to be sure she is there when you come to make purchases or conduct other business.
We are always looking for articles,
book reviews, or interesting tidbits of information from our readers or other
interested persons. The deadline for submitting items for publication is the 10th
of the month, e.g. the deadline for the December newsletter is November 10th.
You may e-mail any articles you wish to submit to newsletterucb@gmail.com or
send Braille or print to UCB Flier, PO Box 1415, Bountiful, UT 84011-1415;
please allow extra time for processing Braille or print.
If you have questions or concerns for any board member or to be placed on the agenda of a board meeting, e-mail ucb.board@gmail.com or leave a message on the Utah Connection, and you will receive a timely reply.
Members are invited and encouraged to
attend meetings of the Board of Directors. These are typically held the fourth
Monday of each month at 4:45 p.m. at DSBVI in Conference Room R (in the north
hallway), except as noted.
·
Monday, August
26, 2019
· Monday, September 23, 2019
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Utah Council of the Blind
1301 W 500 S
Woods Cross UT 84087-2224