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2002 Resolutions

(Note: This publication reflects adopted ACB resolutions only. ACB resolutions which were referred, tabled, or withdrawn are not included in this publication. This accounts for the non-sequential numbers.)

Table of Contents

 

Summary of 2002 Resolutions

Resolution 2002-01 seeks enactment of legislation which would make the Americans with Disabilities Act and Title V of the Rehabilitation Act of 1973 applicable to the federal courts.

Resolution 2002-02 provides that, through its officers, directors, and staff, ACB do all of the following:

  1. Form alliances with other disability-related organizations, industry and government agencies to establish an effective means of monitoring compliance with Section 508,
  2. Provide expertise and resources that will facilitate an understanding of how to make technology and information accessible to people who are blind or visually impaired, and
  3. Take all actions necessary to guarantee that Section 508 is implemented promptly and effectively, including advocating for systems to ensure reliable independent testing and verification that Section 508 compliance has been achieved prior to a federal agency’s acquiring any and all electronic and information technology.

Resolution 2002-03 demands that AARP provide its membership materials, including Modern Maturity Magazine, to its blind and visually impaired members in accessible formats, including Braille, large print, audio cassette, e-mail, and computer disk, and encourages AARP to promptly implement procedures necessary to comply with this resolution in order to avoid potential civil rights enforcement actions.

Resolution 2002-04 states that ACB opposes S. 2024, urges affiliates to oppose state legislation permitting operation of the Segway on sidewalks; and directs its staff and environmental access committee to initiate a dialogue with Segway LLC in an attempt to address the safety hazards inherent in the operation of the Segway.

Resolution 2002-05 commends Lifetime Television for making information available on its web site pertaining to its upcoming video-described programming, urges all networks providing video-described programming to take steps to make scheduling information about such programming available in formats accessible to consumers with visual impairments, and authorizes the board of directors of the American Council of the Blind to send appropriate letters of congratulations to those networks and stations that have excelled with descriptive video.

Resolution 2002-06 instructs ACB officers, directors, and staff to take all appropriate actions to oppose the recommendations of the National Council on Independent Living with respect to the program provided for pursuant to Title VII Chapter 2 of the Rehabilitation Act of 1973.

Resolution 2002-07 urges manufacturers of blood glucose level testing devices to modify their newer and more advanced models so that they are accessible to, and independently usable by, people who are blind or have low vision, offers consultation and technical assistance to manufacturers as these modifications are designed and implemented, and urges that Medicare, Medicaid, and private third party payers provide coverage for these newer and more advanced devices.

Resolution 2002-08 urges Congress to enact and the President to sign into law S1991, the National Defense Rail Act, and urges Congress to appropriate additional funds to ensure the continued operation and expansion of Amtrak.

Resolution 2002-11 directs officers and staff to continue to vigorously pursue increased appropriations for services to the older blind.

Resolution 2002-12 directs ACB staff to request the assistance of the Institute of Traffic Engineers to convene a meeting of leaders of the automobile industry, and federal, state, and local highway planning entities, to initiate research to identify vehicle and road surface features, which can generate audible aspects to the movement of traffic.

Resolution 2002-13 calls upon Congress to promptly enact legislation to extend coverage of Section 508 to the legislative branch of the United States government.

Resolution 2002-14 honors George Fogarty for his years of service.

Resolution 2002-15 directs this organization to join with its affiliate, Library Users of America, to insist that RFB&D immediately reinstate its former practices of labeling each carton of tapes in braille, and providing a braille page in each carton specifying the pages of a book contained on each track of each tape.

Resolution 2002-16 directs ACB’s board of directors and staff to seek legislative or regulatory change to permit a research laboratory to disclose diagnostic findings to research subjects.

Resolution 2002-17 directs ACB to join with its affiliate, the Randolph-Sheppard Vendors of America, in calling upon the Rehabilitation Services Administration to issue the much-anticipated policy directive on “active participation” without further delay and to ensure that all state licensing agencies and elected committees of blind vendors promptly incorporate the clarified definition of “active participation” into their
policies, rules, and procedures.

Resolution 2002-19 directs ACB to join with its affiliate, the Oklahoma Council of the Blind, in continuing to support the delivery of categorically specific services to people who are blind or visually impaired by field and supervisory staff having expertise in blindness, thereby opposing the proposal for the integration of administrative and supervisory personnel of the Division of Visual Services and the Division of Rehabilitation Services.

Resolution 2002-20 supports the research, development, evaluation, and utilization of devices or systems that enhance the way-finding capabilities of people who are blind or visually impaired, thereby creating a safer and more accessible pedestrian environment.

Resolution 2002-21 directs ACB to join its affiliate, the Library Users of America, in commending Benetech for creating and implementing Bookshare.org, strongly urges publishers to voluntarily provide files which would make their books available to Bookshare.org at the same time they become available to the general public, and specifies that this resolution does not apply to elementary and secondary instructional materials.

Resolution 2002-22 directs the board of directors, officers, staff and environmental access committee to work with standard-setting bodies including, but not limited to, the American National Standards Institute (ANSI) to expeditiously promulgate all necessary rules that will require the installation of specified emergency evacuation devices in buildings, aircraft and passenger vessels either located in or licensed to do business in the United States of America or its dependencies.

Resolution 2002-23 recommends that the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), the United States Department of Transportation and the United States Department of Justice require that, whenever a road or bridge is constructed or reconstructed in a public right-of-way, sidewalks shall be included, unless technically infeasible, and that these sidewalks shall be physically separated from bicycle lanes and roadways, and that the ACB staff and the environmental access committee are directed to work closely with pedestrian, transportation, and bicycle advocacy organizations to achieve the goals of this resolution.

Resolution 2002-24 urges state and local jurisdictions to include all of the following requirements in their traffic manuals:

  1. Consistent with the revised Federal Highway Administration standards, the state or local jurisdiction shall not require that organizations which represent pedestrians with disabilities be in full agreement that there is a widespread demand for the installation of an accessible pedestrian signal at a specific existing signalized location in order for an accessible pedestrian signal to be installed;
  2. Whenever the state or local jurisdiction is installing a new, or upgrading an existing, signal, the signal shall be equipped with accessible pedestrian features;
  3. All accessible pedestrian signals shall contain the following features:
  1. A push button with a locator tone and a tone indicating when the walk interval is in effect.
  2. A vibrotactile device to indicate both that the walk interval is in effect and the direction to which it applies, through the use of a vibrating directional arrow or some other tactile indicator.
  3. Locator and walk interval tones which automatically adjust in volume in relation to ambient noise;
  4. Activation of the pedestrian traffic signal for a period of three seconds activates the accessible pedestrian signal, provides that these standards shall not prohibit a state or local jurisdiction from providing additional accessible pedestrian signal features if requested, and provides that this organization transmit a copy of this resolution to the U.S. Access Board during the public comment period on its draft proposed guidelines on access to public rights-of-way, which ends October 28, 2002.

Resolution 2002-25 strongly urges the Rehabilitation Services Administration in the interest of promoting the administration’s policies of consumer choice, to compel all state agencies serving blind and low vision clients to serve clients who elect not to use blindfolds during training without reprisal for their exercise of free choice, and provides that the provisions of this resolution apply as well to all private agencies who are under contract with state agencies to provide services.

Resolution 2002-26 honors Justin Dart Jr. for his years of work in the field of disabilities.

Resolution 2002-27 asks ACB to urge the nomination of Mark Richert to the vacant place on the Committee for Purchase.

Resolution 2002-28 strongly urges Microsoft to remove its logo from Real One Player software and other Real Networks products, until such time as these products are made accessible to people who are blind or visually impaired, and strongly urges federal, state, and local government entities not to use Real One Player to stream audio and video over the web.

Resolution 2002-29 directs its officers, directors, and staff to seek an immediate change in IRS policy which will result in its provision of materials in alternate formats to blind and visually impaired individuals.

Resolution 2002-30 thanks the convention hotels for their work to make this convention a success.

Resolution 2002-31 thanks the volunteers for their work at convention.

Resolution 2002-32 thanks the American Council of the Blind of Texas and the host committee for their work to make this convention a success.

Resolution 2002-01

Seeks enactment of legislation which would make the Americans with Disabilities Act and Title V of the Rehabilitation Act of 1973 applicable to the federal courts.
 

WHEREAS, the Americans with Disabilities Act and Title V of the Rehabilitation Act of 1973 do not apply to the judicial branch of the federal government; and

WHEREAS, Americans with disabilities are directed to resort to the federal courts for redress of violations of federally guaranteed rights under these laws; and

WHEREAS, the inapplicability of these disability-related statutes to the federal courts precludes full accessibility to, and participation in, the federal judicial process by Americans with disabilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 1st day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization seeks enactment of legislation which would make the Americans with Disabilities Act and Title V of the Rehabilitation Act of 1973 applicable to the federal courts.

Adopted.

Donna Seliger, Secretary

Resolution 2002-02

Provides that, through its officers, directors, and staff, ACB do all of the following:

  1. Form alliances with other disability-related organizations, industry and government agencies to establish an effective means of monitoring compliance with Section 508,
  2. Provide expertise and resources that will facilitate an understanding of how to make technology and information accessible to people who are blind or visually impaired, and
  3. Take all actions necessary to guarantee that Section 508 is implemented promptly and effectively, including advocating for systems to ensure reliable independent testing and verification that Section 508 compliance has been achieved prior to a federal agency acquiring any and all electronic and information technology.

 

WHEREAS, since the adoption of Section 508 of the Rehabilitation Act of 1973, the federal government has consistently failed to comply with its provisions; and

WHEREAS, in 1998, the United States Congress substantially strengthened Section 508 to require that the federal government procure accessible technology; and

WHEREAS, the U.S. Architectural & Transportation Barriers Compliance Board promulgated technical and performance standards for achieving compliance with Section 508; and

WHEREAS, the successful implementation of Section 508 has the potential to dramatically affect the current and future employment opportunities and independence of people who are blind or visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 3rd day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization, through its officers, directors, and staff, do all of the following:

  1. Form alliances with other disability-related organizations, industry and government agencies to establish an effective means of monitoring compliance with Section 508,
  2. Provide expertise and resources that will facilitate an understanding of how to make technology and information accessible to people who are blind or visually impaired, and
  3. Take all actions necessary to guarantee that Section 508 is implemented promptly and effectively, including advocating for systems to ensure reliable independent testing and verification that Section 508 compliance has been achieved prior to a federal agency acquiring any and all electronic and information technology.

Adopted.
Donna Seliger, Secretary

Resolution 2002-03

Demands that AARP provide its membership materials, including Modern Maturity Magazine, to its blind and visually impaired members in accessible formats, including Braille, large print, audiocassette, e-mail, and computer disk, and encourages AARP to promptly implement procedures necessary to comply with this resolution in order to avoid potential civil rights
enforcement actions.

 

WHEREAS, the population of Americans aged 50 and over is growing at an ever-increasing rate; and

WHEREAS, this population has a high incidence of vision loss; and

WHEREAS, more than 80 percent of people with visual impairments are seniors; and

WHEREAS, the AARP is the largest organization of seniors in this country; and

WHEREAS, a large number of AARP members are blind or visually impaired, or experience vision loss which results in their inability to read standard print; and

WHEREAS, printed materials provided by AARP to its members, including Modern Maturity Magazine, the monthly publication of AARP, are not made available by AARP in formats accessible to people with visual impairments; and

WHEREAS, despite the pleas of blind and visually impaired individuals, AARP has given no indication that it will consider making these materials available in accessible formats; and

WHEREAS, this discriminatory treatment results in a lack of equal access to membership benefits for blind and visually impaired AARP members; and

WHEREAS, this omission also violates the spirit of the Americans with Disabilities Act and other disability rights laws;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 1st day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization demand that AARP provide its membership materials, including Modern Maturity Magazine, to its blind and visually impaired members in accessible formats, including Braille, large print, audio cassette, e-mail, and computer disk; and

BE IT FURTHER RESOLVED that AARP is encouraged to promptly implement procedures necessary to comply with this resolution in order to avoid potential civil rights enforcement actions.

Adopted.
Donna Seliger, Secretary

Resolution 2002-04

The Segway
 

WHEREAS, Segway LLC has developed a self-balancing, non-tandem, 2-wheeled device, that can turn in place, and that is designed to transport one person at a maximum speed of 12 miles per hour, to be operated on the sidewalk; and

WHEREAS, S. 2024, introduced by Sen. Bob Smith (R-N.H.) would permit this device, known as the Segway, to be used on federal sidewalks and trails in states in which its use is permitted; and

WHEREAS, legislation has been introduced in every state to permit operation of the Segway on sidewalks; and

WHEREAS, more than half of the states have already adopted this legislation; and

WHEREAS, such a device, being battery powered, generates very little noise; and

WHEREAS, both the speed of the device and its innate quietness raise serious pedestrian safety concerns, especially for people with visual impairments; and

WHEREAS, these concerns have caused some pedestrian advocacy groups to strenuously oppose legislation permitting operation of the Segway on sidewalks; and

WHEREAS, although Segway is exploring methods to increase the noise made by the Segway and to reduce its speed, major safety concerns continue to exist;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas that this organization oppose S. 2024; and

BE IT FUTHER RESOLVED that this organization urge its affiliates to oppose state legislation permitting operation of the Segway on sidewalks; and

BE IT FUTHER RESOLVED that this organization direct its staff and environmental access committee to initiate a dialogue with Segway LLC in an attempt to address the safety hazards inherent in the operation of the Segway.

Adopted.
Donna Seliger, Secretary

Resolution 2002-05

Commends Lifetime Television for making information available on its web site pertaining to its upcoming video-described programming, urges all networks providing video-described programming to take steps to make scheduling information about such programming available in formats accessible to consumers with visual impairments, and authorizes the board of directors of the American Council of the Blind to send appropriate letters of congratulations to those networks and stations that have excelled with descriptive video.

 

WHEREAS, the availability of video-described television programming is increasing, and that trend is likely to continue; and

WHEREAS, the availability of such programming creates the need for information accessible to blind and visually impaired consumers concerning the scheduling of such programming; and

WHEREAS, Lifetime Television has created a page on its web site on which upcoming video-described programs are listed;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization commends Lifetime Television for making information available on its website pertaining to its upcoming video-described programming; and

BE IT FURTHER RESOLVED that this organization urges all networks providing video-described programming to take steps to make scheduling information about such programming available in formats accessible to consumers with visual impairments; and

BE IT FURTHER RESOLVED that the board of directors of the American Council of the Blind send appropriate letters of congratulations to those networks and stations that have excelled with descriptive video.

Adopted.
Donna Seliger, Secretary

Resolution 2002-06

Senior Services: State Plans
 

WHEREAS, the population of Americans aged 55 and over is growing at an ever-increasing rate; and

WHEREAS, this population has a high incidence of vision loss; and

WHEREAS, blind and visually impaired seniors face a variety of problems related to vision loss, and services are woefully inadequate to meet the needs of this population; and

WHEREAS, pursuant to Title VII Chapter 2 of the Rehabilitation Act of 1973, Congress enacted a grant program to provide funds to the states for services to the senior blind population; and

WHEREAS, this program has enabled vital services to be provided to blind and visually impaired seniors, and has been acknowledged as an unqualified success; and

WHEREAS, state plans for use of these funds are currently required to be certified by the state agency designated to provide rehabilitation services for the blind and visually impaired; and

WHEREAS, the National Council on Independent Living has recommended that the Rehabilitation Act of 1973 be amended to require that state applications for funds pursuant to this program be certified by state independent living councils; and

WHEREAS, currently state rehabilitation agencies serving the blind and visually impaired, private agencies providing services primarily to this population, and even some independent living centers have been successfully providing services under the program; and

WHEREAS, the likely outcome of the adoption of the recommendation of the National Council on Independent Living would be to increase the share of funds made available under this program to independent living centers, thus decreasing funds available to other grant applicants; and

WHEREAS, because agencies devoted primarily to serving the blind and visually impaired population have a long history of providing the optimum level of services to this population, the ultimate result of the adoption of the recommendation of the National Council on Independent Living would be a severe decrease in the quality of services provided under this program;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization instruct its officers, directors, and staff to take all appropriate actions to oppose the recommendations of the National Council on Independent Living with respect to the program provided for pursuant to Title VII Chapter 2 of the Rehabilitation Act of 1973.

Adopted.
Donna Seliger, Secretary

Resolution 2002-07

Urges manufacturers of blood glucose level testing devices to modify their newer and more advanced models so that they are accessible to, and independently usable by, people who are blind or have low vision, offers consultation and technical assistance to  manufacturers as these modifications are designed and implemented, and urges that Medicare, Medicaid, and private third party payers provide coverage for these newer and more advanced devices.
 

WHEREAS, there is a high incidence of blindness among diabetics; and

WHEREAS, an increasing number of people who are blind or low vision are caregivers for persons who have diabetes; and

WHEREAS, innovations in the manufacture of blood glucose testing devices have made them far easier and safer for the sighted public to use; and

WHEREAS, some newer blood glucose level testing devices allow readings to be taken without the traditional finger stick; and

WHEREAS, such advances would be advantageous to blind or low vision diabetics who depend on the use of their fingers for the reading of braille and other tactile input; and

WHEREAS, new innovations available on some blood glucose level testing devices also include digital readouts; and

WHEREAS, very little progress has been made to ensure that the newer types of blood glucose level testing devices are accessible to individuals who are blind or low vision through the use of braille readouts or speech output;

NOW, THEREFORE, BE IT RESOLVED, by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel, in Houston, Texas, that this organization urge manufacturers of blood glucose level testing devices to modify their newer and more advanced models so that they are accessible to, and independently usable by, people who are blind or have low vision; and

BE IT FURTHER RESOLVED, that this organization offer consultation and technical assistance to manufacturers as these modifications are designed and implemented; and

BE IT FURTHER RESOLVED, that this organization urge that Medicare, Medicaid, and private third-party payers provide coverage for these newer and more advanced devices.

Adopted.
Donna Seliger, Secretary

Resolution 2002-08

Amtrak funding
 

WHEREAS, ground-based public transportation is often the only transportation option available to persons, including people who are blind or who have other disabilities; and

WHEREAS, commercial over-the-road buses do not serve many cities served by Amtrak routes; and

WHEREAS, cross-country Amtrak routes represent the only public transportation option available to many persons who are blind or disabled and who live in rural or sparsely populated areas of the United States; and

WHEREAS, the United States government subsidizes the federal highway system and air transportation; and

WHEREAS, the Bush administration, the United States Department of Transportation and a number of members of Congress have expressed the view that Amtrak should operate without federal subsidy; and

WHEREAS, it defies logic to suggest that Amtrak should operate without federal subsidy when no other form of public transportation or highway funding program is able to do so; and

WHEREAS, administrative and organizational changes currently being implemented by Amtrak suggest that it will operate in the future with greater efficiency than has been the case throughout its history;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization urge Congress to enact and the President to sign into law S. 1991, the National Defense Rail Act; and

BE IT FURTHER RESOLVED that this organization urge Congress to appropriate additional funds to ensure the continued operation and expansion of Amtrak.

Adopted.
Donna Seliger, Secretary

Resolution 2002-11

Senior Services: Funding
 

WHEREAS, one in six, or an estimated 6.5 million, Americans aged 55 or older, experience severe vision loss; and

WHEREAS, it is anticipated that this number will double by the year 2030 as baby boomers age, and the older population of the country climbs to an estimated 78 million, or 20 percent of the overall population; and

WHEREAS, Title VII Chapter 2 of the Rehabilitation Act of 1973 provides a myriad of training opportunities for older individuals who have visual impairments; and

WHEREAS, examples of such training include: skills of daily living, travel, and adaptive communication skills; and

WHEREAS, Title VII Chapter 2 funding can also provide adaptive devices, low vision services, family and peer counseling, community integration, outreach, and information and referral; and 

WHEREAS, Under Title VII Chapter 2, each state develops its service program to meet the needs of its older blind population; and

WHEREAS, studies indicate that the total average cost for older persons to remain independent and in their homes and able to perform activities of daily living for themselves is approximately $4,800,000 per year, while the cost of helping an older individual stay in the community with additional supportive services, or assisted living services, is approximately $18,000 per year, and the cost of nursing home care is roughly $36,000 per year;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization direct its officers and staff to continue to vigorously pursue increased appropriations for services to the older blind to a minimum of a $30,000,000 annual funding level; and

BE IT FURTHER RESOLVED that advocacy for more adequate funding for older blind be included as an agenda item for the 2003 American Council of the Blind legislative seminar; and

BE IT FURTHER RESOLVED that this organization direct its legislative staff to support a technical amendment to Title VII Chapter 2 to include inflation adjustment language.

Adopted.
Donna Seliger, Secretary

Resolution 2002-12

Directs its staff to request the assistance of the Institute of Traffic Engineers to convene a meeting of leaders of the automobile industry, and federal, state, and local highway planning entities, to initiate research to identify vehicle and road surface features which can generate audible aspects to the movement of traffic.

 

WHEREAS, motor vehicles with silent, or near silent, propulsion systems are becoming increasingly popular; and

WHEREAS, blind and visually impaired pedestrians receive essential safety information from the sounds of vehicles; and

WHEREAS, non-disabled pedestrians who are momentarily distracted or inattentive are also alerted by traffic sounds; and

WHEREAS, pavement surfaces can be constructed with similar technology, which cause otherwise quiet traffic to emit sounds when moving;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization directs its staff to request the assistance of the Institute of Traffic Engineers to convene a meeting of leaders of the automobile industry, and federal, state, and local highway planning entities, to initiate research to identify vehicle and road surface features, which can generate audible aspects to the movement of traffic.

Adopted.
Donna Seliger, Secretary

Resolution 2002-13

Calls upon Congress to promptly enact legislation to extend coverage of Section 508 to the legislative branch of the United States government.
 

WHEREAS, recent enhancements to Section 508 of the Rehabilitation Act of 1973, are not applicable to the legislative branch of the federal government; and

WHEREAS, this gap in the scope and coverage of the federal disability rights statutes limits access to employment of individuals who have disabilities by the legislative branch, and limits access to legislative information services by disabled federal employees and by the disabled public;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 3rd day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization calls upon Congress to promptly enact legislation to extend coverage of Section 508, to the legislative branch of the United States government.

Adopted.
Donna Seliger, Secretary

Resolution 2002-14

Honoring George Fogarty
 

WHEREAS, George L. Fogarty is both a charter and a lifetime member of the American Council of the Blind; and

WHEREAS, George Fogarty has dedicated his life to advocating on behalf of blind and visually impaired people; and

WHEREAS, George Fogarty is a native of California, born on June 12, 1911; and

WHEREAS, although George Fogarty has usable vision, he has been a lifelong supporter and user of braille; and

WHEREAS, George had an outstanding and lengthy career as a counselor-teacher and job placement officer for the California Departments of Education and Rehabilitation; and

WHEREAS, during these years of service, he started a vending program at the California School for the Blind to encourage students to use their skills in mathematics and braille, to increase their socialization skills by working with the public, and to raise their self-esteem; and

WHEREAS, this class was especially popular because the students shared the profits at the end of each school year; and

WHEREAS, he assisted hundreds of people to acquire employment, pioneering the placement of blind and visually impaired individuals as hospital darkroom X-ray developers, medical transcribers, shipyard workers and, Internal Revenue Service employees; and

WHEREAS, George served as president and treasurer of his state affiliate, and in various capacities within the American Council of the Blind; and

WHEREAS, he and Martha Lovinia, his late wife of 49 years, worked tirelessly raising funds during White Cane Week, which were shared equally between the California Council of the Blind and the American Council of the Blind; and

WHEREAS, he is, and always has been, most generous in sharing not only his talents and money, but in freely dispensing Jack Daniels and other good libations, as any good Irishman should; and

WHEREAS, his warm personality and beautiful renditions of Irish and other music have endeared him to clients and friends alike; and

WHEREAS, he greatly desired to attend the convention in Houston, but a hearing loss that impedes his participation in convention activities and his interaction with friends prevented him from doing so;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 4th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization congratulate George L. Fogarty on his dedication and years of service on behalf of persons who are blind or visually impaired and on behalf of the American Council of the Blind, and let him know that he is loved, respected, and missed at this 2002 convention.

Adopted.
Donna Seliger, Secretary

Resolution 2002-15

Recording for the Blind and Dyslexic

 

WHEREAS, Recording for the Blind and Dyslexic (RFB&D), originally Recording for the Blind, was initiated to serve blind and visually impaired persons by enhancing their educational opportunities; and

WHEREAS, when RFB&D extended its services to persons with learning disabilities, blind and visually impaired persons were assured that they would not be adversely affected; and

WHEREAS, in spite of this pledge, RFB&D no longer labels its book cartons in braille, so that when several cartons are received, a blind or visually impaired patron must play a tape from each carton and label the carton to differentiate the books; and

WHEREAS, RFB&D no longer encloses a braille label identifying which pages of a textbook are contained on which track of each tape; and

WHEREAS, representatives of RFB&D attending this convention have stated that braille has become too expensive to justify these accommodations, and that even providing them by special request would delay sending tapes for a week;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization joins with its affiliate the Library Users of America to insist that RFB&D immediately address this blatantly discriminatory conduct against braille users receiving its services by reinstituting the practices of labeling each carton in braille and providing a braille page in each carton specifying the pages of the book contained on each track of each tape.

Adopted.
Donna Seliger, Secretary

Resolution 2002-16

Directs its board of directors and staff to seek legislative or regulatory change to permit a research laboratory to disclose results to a subject regarding diagnostic findings.
 

WHEREAS, medical research, including research related to eye conditions and their potential treatment, could not be conducted without the cooperation of human subjects; and

WHEREAS, people volunteer to participate in such research for various reasons, not the least of which is their desire to acquire knowledge about their medical conditions; and

WHEREAS, the difference between research findings and medical diagnosis is a distinction that can reasonably be assumed to be within the grasp of people who may volunteer in such research, especially if care is taken to explain the distinction and obtain informed consent; and

WHEREAS, the Clinical Laboratory Improvement Act of 1967 (CLIA) forbids, or has been interpreted to forbid, the subject from receiving his/her diagnostic research findings unless the research laboratory has gone through a very expensive process of certification as a diagnostic laboratory;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization directs its board of directors and staff to seek legislative or regulatory change to permit a research laboratory to disclose to a subject diagnostic findings.

Adopted.
Donna Seliger, Secretary

Resolution 2002-17

Joins with its affiliate the Randolph-Sheppard Vendors of America in calling upon the Rehabilitation Services Administration to issue the much-anticipated policy directive on “active participation” without further delay and to ensure that all state licensing agencies and elected committees of blind vendors promptly incorporate the clarified definition of “active participation” into their policies, rules, and procedures.
 

WHEREAS, the active participation of Randolph-Sheppard vendors in the governance of their state programs is essential to assure that the concerns of vendors are acknowledged and addressed; and

WHEREAS, a number of organizations representing blind and visually impaired vendors have urged the Rehabilitation Services Administration to revise its definition of “active participation” with respect to program administration by elected committees of blind vendors; and

WHEREAS, although more than 8 months have elapsed, the Rehabilitation Services Administration has not yet adopted this definition;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization join with its affiliate, the Randolph-Sheppard Vendors of America, in calling upon the Rehabilitation Services Administration to issue the much-anticipated policy directive on “active participation” without further delay and to ensure that all state licensing agencies and elected committees of blind vendors promptly incorporate the clarified definition of “active participation” into their policies, rules, and procedures.

Adopted.
Donna Seliger, Secretary

Resolution 2002-19

Joins with its affiliate, the Oklahoma Council of the Blind, in continuing to support the delivery of categorically specific services to persons who are blind or visually impaired by field and supervisory staff having expertise in blindness, thereby opposing the proposal for the integration of administrative and supervisory personnel of the Division of Visual Services and the Division of Rehabilitation Services.

 

WHEREAS, the Oklahoma division of Visual Services and the Oklahoma Division of Rehabilitation Services are both contained within the Oklahoma Department of Rehabilitation Services; and

WHEREAS, the department is considering combining the administrative and supervisory positions of both divisions; and

WHEREAS, this proposal was initiated, and is being developed, without the input of either department staff with expertise in the field of blindness or consumer organizations which represent persons who are blind or visually impaired; and

WHEREAS, similar measures adopted in other states have eroded the quality and quantity of services available to people who are blind or visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization joins with its affiliate, the Oklahoma Council of the Blind, in continuing to support the delivery of categorically specific services to persons who are blind or visually impaired by field and supervisory staff having expertise in blindness, thereby opposing the proposal for the integration of administrative and supervisory personnel of the Division of Visual Services and the Division of Rehabilitation Services.

Adopted.
Donna Seliger, Secretary

Resolution 2002-20

Supports the research, development, evaluation, and utilization of devices or systems that enhance the way-finding capabilities of persons who are blind or visually impaired, thereby creating a safer and more accessible pedestrian environment.

 

WHEREAS, the American Council of the Blind has consistently supported measures that would enhance the safety and accessibility of public rights-of-way for pedestrians with visual impairments; and

WHEREAS, there are devices and systems currently available that have the potential to create a safer and more accessible environment;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization supports the research, development, evaluation, and utilization of devices or systems that enhance the way-finding capabilities of persons who are blind or visually impaired, thereby creating a safer and more accessible pedestrian environment.

Adopted.
Donna Seliger, Secretary

Resolution 2002-21

Joins its affiliate, the Library Users of America, in commending Benetech for creating and implementing Bookshare.org, strongly urges publishers to voluntarily provide files which would make their books available to Bookshare.org at the same time they become available to the general public, and specifies that this resolution does not apply to elementary and secondary instructional materials.

 

WHEREAS, Benetech, a non-profit corporation, and Bookshare.org are organizations which have been set up to make a wide variety of copyrighted and public domain materials available to qualified individuals with disabilities for download from a web site that has been created to make such titles available; and

WHEREAS, these books are legally downloadable as a result of the enactment of Section 121 of Title 17 of the United States Code; and

WHEREAS, it would greatly benefit qualified users of Benetech and Bookshare.org if, immediately upon publication, publishers of newly published books would make them available in a format which can be readily converted into Daisy or braille files;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization join its affiliate, the Library Users of America, in commending Benetech for creating and implementing Bookshare.org; and

BE IT FURTHER RESOLVED that this organization strongly urges publishers to voluntarily provide files which would make their books available to Bookshare.org at the same time they become available to the general public; and

BE IT FURTHER RESOLVED that this resolution does not apply to elementary and secondary instructional materials.

Adopted.
Donna Seliger, Secretary

Resolution 2002-22

Directs its board of directors, officers, staff and environmental access committee to work with standard-setting bodies including, but not limited to, the American National Standards Institute (ANSI) to expeditiously promulgate all necessary rules that will require the installation of specified emergency evacuation devices in buildings, aircraft and passenger vessels either located in or licensed to do business in the United States of America or its dependencies.

 

WHEREAS, current standards for emergency evacuation signage and alarms serve more to disorient people who are blind and visually impaired than to assist them in safely exiting buildings, aircraft, and passenger vessels; and

WHEREAS, research conducted at the School of Biomedical Science, University of Leeds in England, has led to the development of an audible, directional, emergency exit system that is language-independent; and

WHEREAS, the installation of these emergency exit devices would vastly improve the likelihood of the safe evacuation of people who are blind and visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization directs its board of directors, officers, staff and environmental access committee to work with standard-setting bodies including, but not limited to, the American National Standards Institute (ANSI) to expeditiously promulgate all necessary rules that will require the installation of these emergency evacuation devices in buildings, aircraft and passenger vessels either located in or licensed to do business in the United States of America or its dependencies.

Adopted.
Donna Seliger, Secretary

Resolution 2002-23

Recommends that the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), the United States Department of Transportation and the United States Department of Justice require that, whenever a road or bridge is constructed or reconstructed in a public right-of-way, sidewalks shall be included, unless technically infeasible, and that these sidewalks shall be physically separated from bicycle lanes and roadways, and that the ACB staff and the environmental access committee are directed to work closely with pedestrian, transportation, and bicycle advocacy organizations to achieve the goals of this resolution.
 

WHEREAS, pedestrian and vehicular traffic are entitled to access the public rights-of-way; and

WHEREAS, many miles of public right-of-way in the United States have been designed so that only motor vehicle access is provided; and

WHEREAS, neither the Americans with Disabilities Act nor any other federal, state, or local law requires jurisdictions to provide sidewalks or bicycle lanes; and

WHEREAS, both pedestrians and bicyclists are entitled to a safe and reasonable portion of the public right-of-way; and

WHEREAS, due to the speed differential between bicyclists and pedestrians, a physical separation between sidewalks and bicycle lanes, including those located on bridges, is necessary to guarantee safety and access for all;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization recommends that the U.S.  Architectural and Transportation Barriers Compliance Board (Access Board), the United States Department of Transportation and the United States Department of Justice require that, whenever a road or bridge is constructed or reconstructed in a public right-of-way, sidewalks shall be included, unless technically infeasible, and that these sidewalks shall be physically separated from bicycle lanes and roadways; and

BE IT FURTHER RESOLVED that the ACB staff and the environmental access committee are directed to work closely with pedestrian, transportation, and bicycle advocacy organizations to achieve the goals of this resolution.

Adopted.

Donna Seliger, Secretary

Resolution 2002-24

Urges state and local jurisdictions to include all of the following requirements in their traffic manuals:

 

(1) Consistent with the revised Federal Highway Administration standards, the state or local jurisdiction shall not require that organizations which represent pedestrians with disabilities be in full agreement that there is a widespread demand for the installation of an accessible pedestrian signal at a specific existing signalized location in order for an accessible pedestrian signal to be installed;
(2) Whenever the state or local jurisdiction is installing a new, or upgrading an existing, signal, the signal shall be equipped with accessible pedestrian features
(3) All accessible pedestrian signals shall contain the following features:
      (a) A push button with a locator tone and a tone indicating when the walk interval is in effect.
      (b) A vibrotactile device to indicate both that the walk interval is in effect and the direction to which it applies, through the use of a vibrating directional arrow or some other tactile indicator.
      (c) Locator and walk interval tones which automatically adjust in volume in relation to ambient noise;
(4) Activation of the pedestrian traffic signal for a period of three seconds activates the accessible pedestrian signal, provides that these standards shall not prohibit a state or local jurisdiction from providing additional accessible pedestrian signal features if requested, and provides that this organization transmit a copy of this resolution to the U.S. Access Board during the public comment period on its draft proposed guidelines on access to public rights-of-way, which ends October 28, 2002.

WHEREAS, for many years, the American Council of the Blind (ACB) and its affiliates have advocated strongly for the use of accessible pedestrian signals, and have also been leaders in providing advice on the appropriate standards to govern their use and installation; and

WHEREAS, subsequent to the adoption of accessible pedestrian signals standards in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices 2000 millennium edition, revised, as well as draft guidelines issued by the U.S. Architectural and Transportation Barriers Compliance Board (U.S.  Access Board), many state and local jurisdictions are examining the extent to which changes should be made in the accessible pedestrian signals guidelines and standards contained in their traffic manuals; and

WHEREAS, ACB continues to encourage state and local jurisdictions to provide the highest level of access to the public rights-of-way and to ensure the safety of pedestrians;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization urges state and local jurisdictions to include all of the following requirements in their traffic manuals:

1) Consistent with the revised FHWA standards, the state or local jurisdiction shall not require that organizations which represent pedestrians with disabilities be in full agreement that there is a widespread demand for the installation of an accessible pedestrian signal at a specific existing signalized location in order for an accessible pedestrian signal to be installed;

2) Whenever the state or local jurisdiction is installing a new, or upgrading an existing, signal, the signal shall be equipped with accessible pedestrian features;

3) All accessible pedestrian signals shall contain the following features:

(a) A push button with a locator tone and a tone indicating when the walk interval is in effect;
(b) A vibrotactile device to indicate both that the walk interval is in effect and the direction to which it applies, through the use of a vibrating directional arrow or some other tactile indicator;
(c) Locator and walk interval tones which automatically adjust in volume in relation to ambient noise;

4) Activation of the pedestrian traffic signal for a period of three seconds activates the accessible pedestrian signal; and

BE IT FURTHER RESOLVED that these standards shall not prohibit a state or local jurisdiction from providing additional accessible pedestrian signal features if requested; and

BE IT FURTHER RESOLVED that this organization transmit a copy of this resolution to the U.S. Access Board during the public comment period on its draft proposed guidelines on access to public rights-of-way, which ends October 28, 2002.

Adopted.
Donna Seliger, Secretary

Resolution 2002-25

Strongly urges the Rehabilitation Services Administration, in the interest of promoting the administration’s policies of consumer choice, to compel all state agencies serving blind and low vision clients to serve clients who elect not to use blindfolds during training without reprisal for their exercise of free choice, and provides that the provisions of this resolution apply as well to all private agencies who are under contract with state agencies to provide services.

 

WHEREAS, agencies in each state are designated by the Rehabilitation Services Administration to provide services for people who have low vision as well as for those who are blind; and

WHEREAS, some of these agencies have elected to offer rehabilitation services to visually impaired persons only if they agree to wear blindfolds throughout all, or a majority of, the process; and

WHEREAS, some state agencies have chosen to contract with private service providers who also require visually impaired clients to employ extensive use of blindfolds as a part of the rehabilitation process; and

WHEREAS, many low vision clients have non-degenerative visual conditions;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization strongly urges the Rehabilitation Services Administration, in the interest of promoting the administration’s policies of consumer choice, to compel all state agencies serving blind and low vision clients to serve clients who elect not to use blindfolds during training without reprisal for their exercise of free choice; and

BE IT FURTHER RESOLVED that the provisions of this resolution apply as well to all private agencies who are under contract with state agencies to provide services.

Adopted.
Donna Seliger, Secretary

Resolution 2002-26

Honoring Justin Dart Jr.
 

WHEREAS, on the 22nd of June, 2002, the world lost a great leader of the disability rights movement in Justin Dart Jr.; and

WHEREAS, his contribution and extension of equality for people with disabilities has been immense; and

WHEREAS, During his service in the 1980s with the Rehabilitation Services Administration (RSA), Mr. Dart acted as an effective spokesperson for the needs of people with disabilities; and

WHEREAS, after his departure from the RSA, Mr. Dart mounted the single most effective campaign to make Congress aware of actual examples of discrimination suffered by people with disabilities, which campaign led directly to the enactment of the Americans with Disabilities Act of 1990 (ADA); and

WHEREAS, following the passage of the ADA Mr. Dart continued to work tirelessly for the extension of the civil rights of people with disabilities and he emerged as the single most revered leader of the disability rights movement by the end of the 20th century; and

WHEREAS, Justin Dart Jr. was the first life member of the American Council of the Blind and frequently attended our convention and actively supported the objectives for which this organization works;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization express our profound sadness at the loss of this great leader and offer our condolences to his wife Yoshiko and his extended family; and

BE IT FURTHER RESOLVED that the membership of this organization instruct its officers, directors and staff to join with others in the disability rights movement to create a fitting monument to the greatness that was Justin Dart.

Adopted.
Donna Seliger, Secretary

Resolution 2002-27

Appointment of Mark Richert to Committee for Purchase from People who are Blind or Visually Impaired

 

WHEREAS, there is currently a vacancy which needs to be filled on the Committee for Purchase from people who are blind or severely disabled; and

WHEREAS, it is essential that the person chosen to fill this position have a broad base of knowledge about the needs of blind and severely disabled workers; and

WHEREAS, the selection of such an individual represents a decision which must identify a person who can work to forward the objectives of the committee;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel, in Houston, Texas, that this organization urge the appointment of Mark Richert, Esq. to the vacant position; and

BE IT FURTHER RESOLVED that this organization advocates Mr. Richert’s appointment based on his many years of experience in the field of services to people who are blind at National Industries for the Blind, the American Council of the Blind, the American Foundation for the Blind, and at the Association for Education and Rehabilitation of the Blind and Visually
Impaired where he has acquired the broad base of knowledge which is necessary if an appointee is to be effective at representing the concerns of workers  who are blind and of the professionals who serve them.

Adopted.
Donna Seliger, Secretary

Resolution 2002-28

Strongly urges Microsoft to remove its Logo from Real One Player software and other Real Networks products, until such time as these products are made accessible to people who are blind or visually impaired, and strongly urges federal, state, and local government entities not to use Real One Player to stream audio and video over the web.
 

WHEREAS, the Real One Player software produced by Real Networks is used by numerous web sites for the purpose of streaming audio and Video on the Internet; and

WHEREAS, many of these web sites are exclusively using Real One Player software; and

WHEREAS, the software used for the installation of Real One Player is not accessible to people who are using screen enlargement or speech software; and

WHEREAS, this installation program is specifically designed to be operated using a mouse; and

WHEREAS, the Real One Player software bears the Microsoft logo, which implies an endorsement by Microsoft;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention Assembled, this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas that this organization strongly urges Microsoft to remove its Logo from Real One Player software and other Real Networks products, until such time as these products are made accessible to people who are blind or visually impaired; and

BE IT FURTHER RESOLVED that this organization strongly urges federal, state, and local government entities not to use Real One Player to stream audio and video over the web.

Adopted.

Donna Seliger, Secretary

Resolution 2002-29

Directs its officers, directors, and staff to seek an immediate change in IRS policy which will result in its provision of materials in alternate formats to blind and visually impaired individuals.

 

WHEREAS, the Internal Revenue Service provides without charge, and upon request, numerous publications to the general public; and

WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires federal agencies to provide equal access for people with disabilities to programs and services; and

WHEREAS, people who are blind or visually impaired have repeatedly requested that materials be provided in alternate formats, such as braille, large print, cassette tape, or computer disk; and

WHEREAS, IRS personnel at all levels have denied these accommodations to people who are blind or visually impaired; and

WHEREAS, blind or visually impaired individuals have, instead, been told by IRS personnel that they should purchase their own equipment to scan printed materials or pay for transcription services themselves;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization directs its officers, directors, and staff to seek an immediate change in IRS policy which will result in its provision of materials in alternate formats to blind and visually impaired individuals.

Adopted.
Donna Seliger, Secretary

Resolution 2002-30

Thanking the Convention Hotels

 

WHEREAS, the Adam’s Mark Hotel and the West Chase Hilton Hotel, in Houston, Texas have provided essential services and important accommodations to the members of the American Council of the Blind (ACB) attending its 2002 convention; and

WHEREAS, the staffs of the Adam’s Mark Hotel and the West Chase Hilton Hotel have been friendly and helpful; and

WHEREAS, the success of a convention is dependent upon the quality of the services provided by the hotels;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization express its thanks and appreciation for the services and accommodations provided to its members by the Adam’s Mark Hotel, the West Chase Hilton Hotel, and their staffs.

Adopted.
Donna Seliger, Secretary

Resolution 2002-31

Thanking Convention Volunteers

 

WHEREAS, volunteers, under the most able stewardship of Volunteer Coordinator Margarine Beaman, have provided superb services in all ways to attendees of the 2002 American Council of the Blind (ACB) Convention,

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization warmly and most sincerely express its appreciation to all volunteers who worked to assist the attendees of the 2002 ACB convention; and

BE IT FURTHER RESOLVED that the organization request yet one more accommodation from Ms. Beaman, that being to assist in communicating this resolution, or its sense, to all volunteers.

Adopted.
Donna Seliger, Secretary

Resolution 2002-32

Thanking American Council of the Blind of Texas
 

WHEREAS, the handling of local arrangements for an American Council of the Blind (ACB) national convention is a mammoth undertaking; and

WHEREAS, the host committee and ACB members in the state of Texas have met every challenge in hosting the 2002 ACB National Convention in Houston, Texas, and have welcomed and assisted ACB members in a friendly, helpful, and grand fashion;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 5th day of July, 2002, at the Adam’s Mark Hotel in Houston, Texas, that this organization wholeheartedly thanks and commends the host committee and the American Council of the Blind of Texas for their fine work.

Adopted.
Donna Seliger, Secretary