2005 Resolutions

Summary of 2005 Resolutions
Resolution 2005-01 - National Exemption from 411 Charges for Blind or Visually Impaired
Resolution 2005-02 - Establish Awards Concerning Audio‑described Productions
Resolution 2005-03 - Pedestrian Safety Awareness
Resolution 2005-04 - RFB&D's Required Installation of Authorization Key Condemned
Resolution 2005-06 - Definition of Service Animals Urged
Resolution 2005-07 - Calls upon DOT to Include Specified Language in Proposed Regulations
Resolution 2005-08 - Appreciation of 2005 ACB National Convention Volunteers
Resolution 2005-09 - Thanks and Appreciation to the Riviera Hotel and Staff
Resolution 2005-10 - Thanks and Commendations to the Host Committee and the Nevada Council of the Blind
Resolution 2005-11 - Commends and Congratulates the Convention Coordinating Committee
Resolution 2005-12 - Keypad PIN-Entry Devices
Resolution 2005-13 - Urges BANA to Examine the Nemeth Uniform Braille System (NUBS)
Resolution 2005-14 - Life Membership Fees in Separate Account
Resolution 2005-15 - Requests ACB’s President and Executive Director to Determine How Many ACB Members Are Not Internet Users
Resolution 2005-16 - Accessibility of Voting Equipment
Resolution 2005-17 - Demands that the Access Board Immediately Begin Proceedings Which Will Lead to Regulatory Action
Resolution 2005-18 - Directs ACB Board, Staff and Officers to Examine Judicial Decisions of Nominee to Replace Sandra Day O’Connor
Resolution 2005-19 - Veterans Affairs Must Comply with the Accessibility Requirements of Section 508 of the Rehabilitation Act
Resolution 2005-20 - ACB to Join in Lawsuit Against the Social Security Administration
Resolution 2005-21 - Funding for Amtrak
Resolution 2005-22 - Inclusion of Guide Dog Representative in Site Selection Committee
Resolution 2005-23 - Commends and Thanks the Riviera Hotel for Hosting the First-Ever Sanctioned Poker Tournament with Braille and Large-Print Cards
Resolution 2005-24 - NIB, Committee for Purchase, GSA, and Enforcement of JWOD Regulations
Resolution 2005-25 - Unauthorized Use of Copyrighted Audio-Described Materials
Resolution 2005-27 - Independence in Banking and Shopping
Resolution 2005-28 - Training Curriculum for Hospital Personnel on Interacting with and Providing Materials for People Who Are Blind or Visually Impaired
Resolution 2005-30 - ACB, Randolph‑Sheppard Vendors of America Support Actions to Save the Office for the Blind and Visually Impaired
Resolution 2005-31 - Dissatisfaction with Skydive Las Vegas’ Refusal to Allow a Person to Skydive Because He/She Is Blind/Visually Impaired
Resolution 2005-32 - Rights of Blind/Visually Impaired Parents to Receive Materials Provided to Parents by School Districts in an Accessible Format
Resolution 2005-33 - Commends and Thanks Scoop Masters for Its Outstanding Guide Dog Relief Area Clean-Up
Resolution 2005-34 - Investigation of the Failures of Some TV Broadcast Companies to Pass Through the Audio Description

Summary of 2005 Resolutions

Note: This publication reflects only those resolutions which were adopted by the convention. Resolutions which were referred to other ACB entities for further consideration, tabled or withdrawn are not included in this document.

RESOLUTION 2005‑01 requires the officers, directors and staff of the American Council of the Blind to seek, through administrative or legislative remedies, as appropriate, a national exemption from 411 charges for wire line users who are blind or visually impaired.

RESOLUTION 2005‑02 instructs the officers, directors, and staff of the American Council of the Blind to enter into discussions with the National Association of Broadcasters, the Academy of Motion Picture Arts and Sciences, and the Academy of Television Arts and Sciences to establish, in cooperation with ACB, awards in specified categories concerning audio‑described productions.

RESOLUTION 2005‑03 urges its affiliates to undertake concerted public education campaigns, including discussions with state departments of motor vehicles, law enforcement, traffic schools and traffic safety officials, to increase awareness regarding the danger to all pedestrians, particularly persons who are blind or visually impaired, when drivers fail to comply with state laws governing right turns, and of the need to enforce such laws; and directs its officers, directors and staff to explore ways in which to assist its affiliates in these campaigns, including updating, if necessary, and disseminating the ACB Pedestrian Safety Handbook.

RESOLUTION 2005‑04 deplores and condemns RFB&D's practice of requiring installation of an authorization key at RFB&D headquarters in order to access its reading materials.

RESOLUTION 2005‑06 strongly urges the Department of Transportation, in its final rule implementing the Air Carrier Access Act, to define service animal in the context of those animals trained to perform physical tasks that mitigate the disabilities of their handlers and, in conjunction with that definition, exclude emotional support animals from the definition of service animals; and directs its officers, directors, and staff to send a letter to the Department of Transportation conveying the substance of this resolution.

RESOLUTION 2005‑07 calls upon the Department of Transportation to change certain recommendations contained in its proposed regulations under the Air Carriers Access Act to, instead, include specified language.

RESOLUTION 2005‑08 warmly and most sincerely expresses its appreciation to all volunteers who worked to assist the attendees of the 2005 ACB national convention.

RESOLUTION 2005‑09 expresses the organization’s thanks and appreciation for the services and accommodations provided to its members at the 2005 ACB national convention by the Riviera Hotel and its staff.

RESOLUTION 2005‑10 wholeheartedly thanks and commends the host committee and the Nevada Council of the Blind for its fine work.

RESOLUTION 2005‑11 commends and congratulates the ACB Convention Coordinating Committee for its outstanding efforts with respect to the 2005 ACB national convention.

RESOLUTION 2005‑12 strongly encourages retail chains to install keypad PIN‑entry devices in order for blind and visually impaired people to have equal access to secure and private point‑of‑sale transactions.

RESOLUTION 2005‑13 strongly urges the Braille Authority of North America (BANA) to make a detailed examination of the Nemeth Uniform Braille System over the next year and report its findings, and a plan of action, to the 2006 ACB national convention.

RESOLUTION 2005‑14 provides that all monies received henceforth from life membership fees shall be placed in an account separate and apart from operating funds of the organization, and left there to accumulate and compound until the account reaches a balance of at least $50,000, after which the interest therefrom may be used annually by ACB without subtracting any of the principle, to which future life membership fees shall be added.

RESOLUTION 2005‑15 requests that the president and executive director, in consultation with the Board of Publications, the Blind Information Technology Specialists, the Information Access Committee, the Internet Oversight Committee, the Membership Committee and any other appropriate ACB bodies, do all of the following: a. determine, or cause to be determined, the number of ACB members who are not Internet users; b. establish policies which minimize the communication disadvantages to this population without diminishing the benefits of the Internet for the organization; and c. promote activities, communications, and programs to encourage and facilitate more Internet use by non‑users.

RESOLUTION 2005‑16 authorizes the officers, directors and staff of the American Council of the Blind to take all necessary actions to ensure the accessibility of voting equipment and procedures, including a voter verifiable paper audit trail (VVPAT), wherever adopted, and provides that the organization does not support any legislation relative to this issue that would delay the deadlines set forth in the Help America Vote Act.

RESOLUTION 2005‑17 demands, in light of the American Council of the Blind’s prior urgent requests having resulted in little or no regulatory action by the Americans with Disabilities Act (ADA) and Architectural Barriers Act of 1968 (ABA) accessibility standard‑setting agencies, that these agencies immediately commence proceedings which will lead to final regulatory action based upon the Access Board’s ABA accessibility provisions and ADAAG final rule, and instructs the ACB officers, directors and staff to (1) immediately convey the substance of this resolution to the appropriate officials within both the ADA and ABA accessibility standard‑setting agencies and, (2) should those agencies not expeditiously initiate such proceedings, to prepare a plan outlining specific legal steps to be taken by this organization.

RESOLUTION 2005‑18 directs the officers, directors and staff of the American Council of the Blind to examine the public statements, writings, and judicial decisions, if any, of the presidential nominee to replace Justice Day O’Connor in order to determine whether the nominee has taken positions in opposition to federal and state civil rights laws that guarantee the civil rights of individuals who are blind, visually impaired, or have other disabilities, provides that should this examination indicate the nominee holds views in opposition to these civil rights laws, this organization direct its officers, directors, and staff to take appropriate action, including the provision of testimony to the Senate Judiciary Committee and the full United States Senate, vehemently opposing such nominee, and directs that the practices set forth in this resolution be followed with respect to future nominees to the United States Supreme Court.

RESOLUTION 2005‑19 directs the officers, directors and staff of the American Council of the Blind to communicate to the Secretary of Veterans Affairs the necessity for the department to comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, and demands that the secretary, in order to remedy the problems set forth in this resolution, halt purchase and deployment of all software applications that do not fully meet the requirements of Section 508 in providing access for its employees who are blind and visually impaired, as well as immediately bring into compliance existing inaccessible software applications.

RESOLUTION 2005‑20 ratifies the recommendation of the American Council of the Blind board of directors that this organization join as a plaintiff in a lawsuit to be filed against the Social Security Administration concerning the failure of that agency to provide correspondence to people who are blind or visually impaired in accessible formats.

RESOLUTION 2005‑21 urges Congress and the President to appropriate funding for Amtrak at a level no less than the amount appropriated for the current fiscal year.

RESOLUTION 2005‑22 provides that ACB include the guide dog representative to the convention committee in the site selection process.

RESOLUTION 2005‑23 highly commends and thanks the Riviera Hotel and Casino and its employees for hosting this first‑ever sanctioned poker tournament in which braille and large print cards were used.

RESOLUTION 2005‑24 calls upon the Committee for Purchase from People who are Blind or Severely Disabled to strengthen its efforts to educate federal acquisition officials and government purchase card holders about their obligations under the Javits‑Wagner‑O’Day (JWOD) Act and the Committee's implementing regulations; calls on the General Services Administration (GSA) to more closely monitor compliance with commercial firms' contract clauses, requiring that these companies stop offering any products that would be essentially the same as the required SKILCRAFT and other JWOD products; calls on the Office of Federal Procurement Policy (OFPP) to develop more effective government‑wide policies to protect the JWOD program and to more effectively train federal purchase card users about their obligations under the JWOD Act; and instructs the officers, directors and staff of this organization to send copies of this resolution to the chairman and executive director of the Committee for Purchase from People who are Blind or Severely Disabled, the commissioner of GSA, and the administrator of OFPP.

RESOLUTION 2005‑25 directs the officers, directors and staff of the American Council of the Blind to explore whether unauthorized use of copyrighted audio‑described materials is occurring, and, if it is determined that such unauthorized use is occurring, to develop a plan of action to address this problem.

RESOLUTION 2005‑27 directs its officers, directors and staff to work through a coalition of organizations of and for the blind to create and implement a training infrastructure that will enable people who are blind or visually impaired to learn how to bank and shop more independently and to ensure that rehabilitation professionals and teachers for the blind and visually impaired be provided with instruction in these vital areas, either in pre‑service educational settings or through in‑service training.

RESOLUTION 2005‑28 instructs the officers, directors and staff of the American Council of the Blind to work with other organizations of and for the blind to create a national initiative to do both of the following: 1) train hospital personnel on how to appropriately and effectively communicate, interact, and deliver quality services to people who are blind or visually impaired; and 2) to develop and disseminate materials that will enable people who are blind or visually impaired to understand and defend their rights in a hospital setting, and provides that this coalition seek to assure that these issues are included as elements of hospital accreditation.

RESOLUTION 2005‑30 directs ACB to join with its affiliate, the Randolph‑Sheppard Vendors of America (RSVA), to express its full support for all appropriate actions to save the Office for the Blind and Visually Impaired and to maintain the RSA regional offices and the presidentially appointed status of the Commissioner, and to pledge to dedicate its resources and to work with other organizations to ensure the success of such initiatives.

RESOLUTION 2005‑31 expresses the dissatisfaction and disapproval of the American Council of the Blind (ACB) concerning the decision of Skydive Las Vegas to refuse to allow a person to skydive solely on the basis that he or she is blind or visually impaired, and directs ACB staff to work with Mr. Hachey in exploring any available remedies.

RESOLUTION 2005‑32 instructs the officers, directors and staff of the American Council of the Blind to prepare and circulate a brief document outlining the rights of parents who are blind or visually impaired to receive materials provided to parents by school districts in an accessible format, urges its affiliates to disseminate this document to local education agencies, and provides that an article outlining the rights of blind or visually impaired parents to receive materials in accessible format be published in “The Braille Forum,” so that it will be available as an easily accessible reference that such parents can use.

RESOLUTION 2005‑33 commends and thanks Scoop Masters for its outstanding guide dog relief area clean‑up services.

RESOLUTION 2005‑34 directs the Information Access Committee to expeditiously investigate the vitally important television broadcasting and telecommunications issue of the failure of some satellite and cable providers to pass through the descriptive video signal to their customers, and to provide a report, including recommended actions, to the ACB Board of Directors by the date of the 2006 mid‑year board meeting.

Resolution 2005-01

National Exemption from 411 Charges for Blind or Visually Impaired

Requires the officers, directors and staff of the American Council of the Blind to seek, through administrative or legislative remedies, as appropriate, a national exemption from 411 charges for wire line users who are blind or visually impaired.

WHEREAS, it has been long recognized that persons who are blind or visually impaired require directory assistance to be able to access phone directories; and

WHEREAS, people who are not print‑impaired have access to print directories in a variety of locations; and

WHEREAS, the vast majority of persons who are blind or visually impaired do not have access to the Internet and online directories; and

WHEREAS, many of these directories cover the entire United States, not just the local area from which the call is being made; and

WHEREAS, currently some phone companies charge up to several dollars for any phone number more than 12 miles away from the originating request; and

WHEREAS, because many wire line service providers use contractors in providing directory assistance, often such charges are simply passed through to the consumer as a part of regular billing practices;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that the officers, directors, and staff of this organization seek, through administrative or legislative remedies, as appropriate, a national exemption from 411 charges for wire line users who are blind or visually impaired.

Adopted.

Donna Seliger, Secretary

Resolution 2005-02

Establish Awards Concerning Audio‑described Productions

Instructs the officers, directors, and staff of the American Council of the Blind (ACB) to enter into discussions with the National Association of Broadcasters, the Academy of Motion Picture Arts and Sciences, and the Academy of Television Arts and Sciences to establish, in cooperation with ACB, awards in specified categories concerning audio‑described productions.

WHEREAS, in the past few years, more audio‑described productions have become available; and

WHEREAS, such productions provide people who are blind and visually impaired with a variety of entertainment and educational opportunities; and

WHEREAS, it has taken an immense effort by the blind and visually impaired community, as well as many others, to secure audio‑described programming, movies, videos and DVDs; and

WHEREAS, the American Council of the Blind has led the way in advocacy efforts for audio description; and

WHEREAS, there is still insufficient programming, movies, videos and DVDs, available with audio‑description service; and

WHEREAS, recognizing the value of this service encourages further production of described performances by the movie and television industries;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that the officers, directors, and staff of this organization enter into discussions with the National Association of Broadcasters, the Academy of Motion Picture Arts and Sciences, and the Academy of Television Arts and Sciences to establish, in cooperation with ACB, awards in the following categories: 1. network with the most audio‑described content; 2. best described children's program, situation comedy, and television drama; 3. cinematic production; and 4. most productions by a single movie studio.

Adopted.

Donna Seliger, Secretary

Resolution 2005-03

Pedestrian Safety Awareness

Urges its affiliates to undertake concerted public education campaigns, including discussions with state departments of motor vehicles, law enforcement, traffic schools and traffic safety officials, to increase awareness regarding the danger to all pedestrians, particularly persons who are blind or visually impaired, when drivers fail to comply with state laws governing right turns, and of the need to enforce such laws; and directs its officers, directors and staff to explore ways in which to assist its affiliates in these campaigns, including updating, if necessary, and disseminating the ACB Pedestrian Safety Handbook.

WHEREAS, pedestrian safety is of vital concern to blind and visually impaired Americans; and

WHEREAS, the American Council of the Blind has, for several decades, both through its national office and statewide affiliates, been at the forefront of advocacy efforts on pedestrian safety issues; and

WHEREAS, the safety of all pedestrians, especially persons who are blind or visually impaired, is at risk from drivers making right turns; and

WHEREAS, persons making right turns seldom comply with state laws requiring drivers to come to a full stop and proceed only when safe for the pedestrian; and

WHEREAS, a nationwide survey indicates that only one out of every five motorists understands that he or she must yield the right‑of‑way to a pedestrian in a crosswalk, and one out of every three motorists speeds up at a yellow light even when a pedestrian is present; and

WHEREAS, violations of these statutes are typically not enforced by local traffic officials;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization urge its affiliates to undertake concerted public education campaigns, including discussions with state departments of motor vehicles, law enforcement, traffic schools and traffic safety officials, to increase awareness regarding the danger to all pedestrians, particularly persons who are blind or visually impaired, when drivers fail to comply with state laws governing right turns, and of the need to enforce such laws; and

BE IT FURTHER RESOLVED that the officers, directors, and staff of this organization are directed to explore ways in which to assist its affiliates in these campaigns, including updating, if necessary, and disseminating the ACB Pedestrian Safety Handbook.

Adopted.

Donna Seliger, Secretary

Resolution 2005-04

RFB&D's Required Installation of Authorization Key Condemned

Deplores and condemns RFB&D's practice of requiring installation of an authorization key at RFB&D headquarters in order to access its reading materials.

WHEREAS, Recording for the Blind and Dyslexic (RFB&D) has been providing textbooks and reading materials for blind and visually impaired students for more than 50 years; and

WHEREAS, for the past two years RFB&D has been providing books in DAISY format (digital audio information system); and

WHEREAS, in order to use DAISY talking books from RFB&D, players not purchased from that organization must have an authorization key installed; and

WHEREAS, such authorization currently must take place at RFB&D headquarters, thus incurring shipping expenses for consumers purchasing players not sold by RFB&D; and

WHEREAS, RFB&D sells DAISY talking book players with the authorization already installed; and

WHEREAS, RFB&D’s insistence on requiring authorization represents a blatantly illegal restraint of trade;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization deplore and condemn RFB&D’s practice of requiring installation of an authorization key at RFB&D headquarters in order to access its reading materials.

Adopted.

Donna Seliger, Secretary

Resolution 2005-06

Definition of Service Animals Urged

Strongly urges the Department of Transportation, in its final rule implementing the Air Carrier Access Act, to define service animal in the context of those animals trained to perform physical tasks that mitigate the disabilities of their handlers and, in conjunction with that definition, exclude emotional support animals from the definition of service animals; and directs its officers, directors, and staff to send a letter to the Department of Transportation conveying the substance of this resolution.

WHEREAS, the Air Carrier Access Act (ACAA) was passed by Congress to ensure accessible air travel for people with disabilities; and

WHEREAS, the right to travel with a service animal in the cabin is guaranteed by the ACAA; and

WHEREAS, the Department of Transportation, in its Notice of Proposed Rule‑Making under the ACAA, defines service animal to include an emotional support animal; and

WHEREAS, the proposed rule appears, however, to recognize a distinction between emotional support animals and other service animals by allowing airline employees to more closely scrutinize the eligibility of emotional support animals to travel in the passenger cabin with their handlers; and

WHEREAS, the Department of Justice, in guidance implementing the Americans with Disabilities Act, defines service animal as excluding emotional support animals; and

WHEREAS, emotional support animals should not be treated as service animals under the ACAA because they are not specifically trained to perform physical tasks that mitigate the disabilities of their handlers;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization strongly urge the Department of Transportation, in its final rule implementing the ACAA, to define service animal in the context of those animals trained to perform physical tasks that mitigate the disabilities of their handlers; and

BE IT FURTHER RESOLVED that this final rule, in conjunction with that definition, exclude emotional support animals from the definition of service animals; and

BE IT FURTHER RESOLVED that the officers, directors, and staff of this organization be directed to send a letter to the Department of Transportation conveying the substance of this resolution.

Adopted.

Donna Seliger, Secretary

Resolution 2005-07

Calls upon DOT to Include Specified Language in Proposed Regulations

Calls upon the Department of Transportation to change certain recommendations contained in its proposed regulations under the Air Carriers Access Act to, instead, include specified language.

WHEREAS, the Air Carrier Access Act (ACAA) was passed by Congress to ensure accessible air travel for people with disabilities; and

WHEREAS, the right to travel accompanied by a guide dog is guaranteed by the ACAA; and

WHEREAS, the Department of Transportation, in its Notice of Proposed Rule‑Making under the ACAA, suggests that, if a service animal, including a guide dog, cannot fit within the floor space allocated to the disabled passenger, the airline may charge for a second seat, have the passenger ship the dog in cargo or have the team take a later flight; and

WHEREAS, the three recommendations, if implemented by airlines, will make air travel virtually impossible for many blind travelers and their guide dogs; and

WHEREAS, these recommendations run counter to the intent of Congress and to all concepts of accessible air travel because they discriminate against disabled passengers by placing an added burden of uncertainty upon their right to travel;

“You may offer the passenger sitting in a seat adjacent to the disabled passenger traveling with a large service animal a seat in the same class of service in another part of the cabin. If no seats are available in that class of service, you may ask for a volunteer to occupy the seat next to the disabled passenger, which would require sharing of leg room. If no volunteer is forthcoming and seats are available in another class of service in another part of the cabin, it would not constitute an undue burden for you to ask the adjacent passenger or the disabled passenger to occupy a seat in that other class of service.”

Adopted.

Donna Seliger, Secretary

Resolution 2005-08

Appreciation of 2005 ACB National Convention Volunteers

Warmly and most sincerely expresses its appreciation to all volunteers who worked to assist the attendees of the 2005 ACB national convention.

WHEREAS, volunteers, under the most able stewardship of Volunteer Coordinator Margarine Beaman, have provided superb services in all ways to attendees of the 2005 American Council of the Blind (ACB) convention,

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization warmly and most sincerely express its appreciation to all volunteers who worked to assist the attendees of the 2005 ACB national convention; and

BE IT FURTHER RESOLVED that this 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 2005-09

Expresses the organization’s thanks and appreciation for the services and accommodations provided to its members at the 2005 ACB national convention by the Riviera Hotel and its staff.

WHEREAS, the Riviera Hotel in Las Vegas, Nev. has provided essential services and important accommodations to the members of the American Council of the Blind (ACB) attending its 2005 convention; and

WHEREAS, the staff of the Riviera Hotel has been friendly and helpful,

Adopted.

Donna Seliger, Secretary

Resolution 2005-10

Wholeheartedly thanks and commends the host committee and the Nevada Council of the Blind for their fine work.

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 Nevada have met every challenge in hosting the 2005 ACB national convention in Las Vegas, Nev. and have welcomed and assisted ACB members in a friendly, helpful fashion, and in the spirit of true western hospitality,

Adopted.

Donna Seliger, Secretary

Resolution 2005-11

Commends and congratulates the ACB Convention Coordinating Committee for its outstanding efforts with respect to the 2005 ACB National Convention.

WHEREAS, the planning and implementation of an American Council of the Blind (ACB) national convention is a herculean task; and

WHEREAS, under the able leadership of Cynthia Towers and Carla Ruschival, the ACB Convention Coordinating Committee has done a truly outstanding job of making the 2005 ACB National convention in Las Vegas, Nev., one to remember;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization commend and congratulate the ACB Convention Coordinating Committee for its outstanding efforts with respect to the 2005 ACB National convention.

Adopted.

Donna Seliger, Secretary

Resolution 2005-12

Strongly encourages retail chains to install keypad PIN‑entry devices in order for blind and visually impaired people to have equal access to secure and private point‑of‑sale transactions.

WHEREAS, point‑of‑sale devices are used in a substantial and increasing number of retail establishments; and

WHEREAS, the majority of point‑of‑sale machines are flat‑screen personal identification number (PIN) entry devices; and

WHEREAS, flat‑screen point‑of‑sale devices are inaccessible to blind and visually impaired people; and

WHEREAS, blind and visually impaired people are entitled to the same level of privacy and security of their identity with regard to entry of PIN numbers and dollar amounts as the general public; and

WHEREAS, members of the American Council of the Blind have tested several template overlay devices designed in an attempt to solve this access problem; and

WHEREAS, none of these devices has proven effective; and

WHEREAS, there are various keypad PIN‑entry devices available that completely meet the needs of retail stores and are accessible to blind and visually impaired customers;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 6th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization strongly encourage retail chains to install keypad PIN‑entry devices in order that blind and visually impaired people have equal access to secure and private point‑of‑sale transactions.

Adopted.

Donna Seliger, Secretary

Resolution 2005-13

Strongly urges the Braille Authority of North America (BANA) to make a detailed examination of the Nemeth Uniform Braille System over the next year and report its findings, and a plan of action, to the 2006 ACB national convention.

WHEREAS, it is widely recognized that some changes in braille must be made in order to adopt characters not now a part of literary braille, to resolve ambiguities between the various codes now in use, and to make possible in braille the wide variety of textbook practices now employed; and

WHEREAS, vigorous opposition to the Unified English Braille Code (UEBC) has been expressed by both major United States consumer organizations of individuals who are blind and visually impaired, especially concerning the use of that code for mathematical and technological purposes; and

WHEREAS, Abraham Nemeth has devised an all‑embracing system, known as the Nemeth Uniform Braille System (NUBS), which unites in a single code all approaches necessary to meet the needs of users of Braille; and

WHEREAS, the National Braille Association is promoting the completion of this system; and

WHEREAS, this system will not require dropping any of the contractions or spacing rules, will not sacrifice the mathematics books in use during the last several decades, and will avoid the confusion of having books on library shelves with different levels of contracted braille that will be difficult for children to understand; and

WHEREAS, NUBS builds on knowledge that persons who are blind already possess and permits users to learn just whatever parts of the system they require to meet their needs;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization strongly urge the Braille Authority of North America (BANA) to make a detailed examination of the NUBS over the next year and report its findings, and a plan of action, to the 2006 ACB national convention.

Adopted.

Donna Seliger, Secretary

Resolution 2005-14

Provides that all monies received henceforth from life membership fees shall be placed in an account separate and apart from operating funds of the organization, and left there to accumulate and compound until the account reaches a balance of at least $50,000, after which the interest therefrom may be used annually by ACB without subtracting any of the principle, to which future life membership fees shall be added.

WHEREAS, placing the American Council of the Blind (ACB) on a sound financial footing for the long term must be a priority for its leaders and members; and

WHEREAS, a financially strong and viable ACB is vital to the organization’s own future and the future of all blind and visually impaired Americans; and

WHEREAS, several very important ACB standing and ad hoc committees have not been able to function effectively for many months due to the unavailability of funding; and

WHEREAS, several very important staff positions in both ACB and ACB Enterprises and Services are vacant due to the lack of funding by ACB; and

WHEREAS, it has been necessary in recent years for ACB to reduce the amount of money it is able to give in the form of annual scholarships to deserving blind students; and

WHEREAS, it has been necessary in the recent past for ACB to take money from its reserve fund in order to provide meaningful services; and

WHEREAS, life membership fees represent donations from or in behalf of individuals dedicated to the mission of the American Council of the Blind;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that all monies received henceforth from life membership fees shall be placed in an account separate and apart from operating funds of the organization, and left there to accumulate and compound until the account reaches a balance of at least $50,000, after which the interest therefrom may be used annually by ACB without subtracting any of the principle, to which future life membership fees shall be added.

Adopted.

Donna Seliger, Secretary

Resolution 2005-15

Requests that the president and executive director, in consultation with the Board of Publications, the Blind Information Technology Specialists, the Information Access Committee, the Internet Oversight Committee, the Membership Committee and any other appropriate ACB bodies, do all of the following: a. determine, or cause to be determined, the number of ACB members who are not Internet users; b. establish policies which minimize the communication disadvantages to this population without diminishing the benefits of the Internet for the organization; and c. promote activities, communications, and programs to encourage and facilitate more Internet use by non‑users.

WHEREAS, the Internet has become a major medium of communication within the American Council of the Blind (ACB); and

WHEREAS, much of ACB’s business is conducted with the efficient use of the Internet; and

WHEREAS, a significant proportion of ACB members do not use the Internet,

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization request that the president and executive director, in consultation with the Board of Publications, the Blind Information Technology Specialists, the Information Access Committee, the Internet Oversight Committee, the Membership Committee and any other appropriate ACB bodies, do all of the following; a. determine, or cause to be determined, the number of ACB members who are not Internet users; b. establish policies which minimize the communication disadvantages to this population without diminishing the benefits of the Internet for the organization; and c. promote activities, communications, and programs to encourage and facilitate more Internet use by non‑users.

Adopted.

Donna Seliger, Secretary

Resolution 2005-16

Authorizes the officers, directors and staff of the American Council of the Blind to take all necessary actions to ensure the accessibility of voting equipment and procedures, including a voter verifiable paper audit trail (VVPAT), wherever adopted, and provides that the organization does not support any legislation relative to this issue that would delay the deadlines set forth in the Help America Vote Act.

WHEREAS, numerous states have adopted direct recording electronic (DRE) election systems without providing for a voter verifiable paper audit trail (VVPAT); and

WHEREAS, Common Cause, Electronic Frontier Foundation, Rock the Vote, verifiedvoting.org, Voters Unite, Vote Trust USA and other organizations have brought legal action and introduced legislation to require that DRE election systems include a VVPAT; and

WHEREAS, a VVPAT would increase voter confidence in the election process; and

WHEREAS, some states have, and others may adopt, a VVPAT for use in conjunction with their DRE election systems; and

WHEREAS, the American Council of the Blind supports the adoption of specific election systems and procedures only if they are accessible to voters who are blind, visually impaired, or have other disabilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005 at the Riviera Hotel in Las Vegas, Nev., that this organization authorize the officers, directors, and staff to take all necessary actions to ensure the accessibility of voting equipment and procedures, including a VVPAT, wherever adopted, and

BE IT FURTHER RESOLVED that ACB does not support any legislation relative to this issue that would delay the deadlines set forth in the Help America Vote Act.

Adopted.

Donna Seliger, Secretary

Resolution 2005-17

Demands, in light of the American Council of the Blind’s prior urgent requests having resulted in little or no regulatory action by the Americans with Disabilities Act (ADA) and Architectural Barriers Act of 1968 (ABA) accessibility standard‑setting agencies, that these agencies immediately commence proceedings which will lead to final regulatory action based upon the Access Board’s ABA accessibility provisions and ADAAG final rule, and instructs the ACB officers, directors and staff to (1) immediately convey the substance of this resolution to the appropriate officials within both the ADA and ABA accessibility standard‑setting agencies and, (2) should those agencies not expeditiously initiate such proceedings, to prepare a plan outlining specific legal steps to be taken by this organization.

WHEREAS, on July 26, 2004, the Architectural and Transportation Barriers Compliance Board (Access Board) issued its Architectural Barriers Act of 1968 (ABA) accessibility provisions and Americans with Disabilities Act accessibility guidelines ADAAG final rule; and

WHEREAS, the provisions contained in that final rule remain merely advisory and voluntary until such time as the ADA and ABA standard‑setting agencies adopt final regulations, thereby making such accessibility standards binding and enforceable;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization, in light of our prior urgent requests having resulted in little or no regulatory action by the ADA and ABA accessibility standard‑setting agencies, demand that these agencies immediately commence proceedings which will lead to final regulatory action based upon the Access Board’s ABA accessibility provisions and ADAAG final rule; and

BE IT FURTHER RESOLVED that this organization instruct its officers, directors, and staff to immediately convey the substance of this resolution to the appropriate officials within both the ADA and ABA accessibility standard‑setting agencies; and

BE IT FURTHER RESOLVED that this organization direct its officers, directors, and staff, should those agencies not expeditiously initiate such proceedings, to prepare a plan outlining specific legal steps to be taken by this organization.

Adopted.

Donna Seliger, Secretary

Resolution 2005-18

Directs the officers, directors and staff of the American Council of the Blind to examine the public statements, writings, and judicial decisions, if any, of the presidential nominee to replace Justice Day O’Connor in order to determine whether the nominee has taken positions in opposition to federal and state civil rights laws that guarantee the civil rights of individuals who are blind, visually impaired, or have other disabilities, provides that should this examination indicate the nominee holds views in opposition to these civil rights laws, this organization direct its officers, directors, and staff to take appropriate action, including the provision of testimony to the Senate Judiciary Committee and the full United States Senate, vehemently opposing such nominee, and directs that the practices set forth in this resolution be followed with respect to future nominees to the United States Supreme Court.

WHEREAS, since its establishment in 1961, the American Council of the Blind has been at the forefront of advocacy for the civil rights of all persons with disabilities, and most particularly for individuals who are blind or visually impaired; and

WHEREAS, there are those, including some members of the judiciary, who have gone on record opposing federal and state civil rights laws, such as the Americans with Disabilities Act, that guarantee the civil rights of individuals with disabilities; and

WHEREAS, the application of such views, through judicial decisions, could seriously undermine the civil rights of persons with disabilities and specifically the rights of individuals who are blind or visually impaired; and

WHEREAS, due to the announced retirement of United States Supreme Court Associate Justice Sandra Day O’Connor, President Bush will soon be submitting to the Senate, for confirmation, a nominee for the high court; and

WHEREAS, it is quite possible that more vacancies on the United States Supreme Court will need to be filled in the not‑too‑distant future;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 6th day of July, 2005, at the Riviera Hotel in Las Vegas, Nevada, that this organization direct its officers, directors, and staff to examine the public statements, writings, and judicial decisions, if any, of the presidential nominee to replace Justice Day O’Connor in order to determine whether the nominee has taken positions in opposition to federal and state civil rights laws that guarantee the civil rights of individuals who are blind, visually impaired, or have other disabilities; and

BE IT FURTHER RESOLVED that should this examination indicate the nominee holds views in opposition to these civil rights laws, this organization direct its officers, directors, and staff to take appropriate action, including the provision of testimony to the Senate Judiciary Committee and the full United States Senate, vehemently opposing such nominee; and

BE IT FURTHER RESOLVED that the practices set forth in this resolution be followed with respect to future nominees to the United States Supreme Court.

Adopted.

Donna Seliger, Secretary

Resolution 2005-19

Directs the officers, directors and staff of the American Council of the Blind to communicate to the Secretary of Veterans Affairs the necessity for the department to comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, and demands that the secretary, in order to remedy the problems set forth in this resolution, halt purchase and deployment of all software applications that do not fully meet the requirements of Section 508 in providing access for its employees who are blind and visually impaired, as well as immediately bring into compliance existing inaccessible software applications.

WHEREAS, Section 508 of the Rehabilitation Act of 1973 requires that any electronic and information technology procured, used, maintained, or developed by federal agencies be accessible to persons with disabilities, including persons with visual impairments; and

WHEREAS, the Department of Veterans Affairs has developed and used various software applications that are largely inaccessible to employees who are blind and visually impaired; and

WHEREAS, such inaccessibility has adversely impacted the productivity of employees who are blind or visually impaired, thus affecting their job security and career advancement opportunities; and

WHEREAS, the department is planning to utilize additional inaccessible applications, which will further exacerbate this problem; and

WHEREAS, the department has the capability to ensure that software applications meet the requirements of Section 508;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization direct its officers, directors, and staff to communicate to the Secretary of Veterans Affairs the necessity for the department to comply with the accessibility requirements of Section 508; and

BE IT FURTHER RESOLVED that this organization demand that the secretary, in order to remedy the problems set forth in this resolution, halt purchase and deployment of all software applications that do not fully meet the requirements of Section 508 in providing access for its employees who are blind and visually impaired, as well as immediately bring into compliance existing inaccessible software applications.

Adopted.

Donna Seliger, Secretary

Resolution 2005-20

Ratifies the recommendation of the American Council of the Blind board of directors that this organization join as a plaintiff in a lawsuit to be filed against the Social Security Administration concerning the failure of that agency to provide correspondence to people who are blind or visually impaired in accessible formats.

WHEREAS, programs provided by the Social Security Administration (SSA) are essential to the daily lives of many persons who are blind or severely visually impaired; and

WHEREAS, the SSA does not provide correspondence to beneficiaries who are blind or severely visually impaired in accessible formats; and

WHEREAS, although the SSA has a policy of reading correspondence to blind or severely visually impaired beneficiaries over the telephone, it is either unable or unwilling to adhere to this policy; and

WHEREAS, the SSA’s failure to make correspondence accessible to blind or severely visually impaired beneficiaries often results in unjust reduction, suspension, or termination of benefits; and

WHEREAS, the Disability Rights Education and Defense Fund (DREDF) is preparing to file a lawsuit against SSA concerning this issue and has asked the American Council of the Blind to join this lawsuit as a plaintiff; and

WHEREAS, the ACB board of directors has voted to recommend to the ACB convention that the organization join this lawsuit,

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 4th day of July, 2005 at the Riviera Hotel in Las Vegas, Nev., that this organization ratify the recommendation of the ACB board of directors.

Adopted.

Donna Seliger, Secretary

Resolution 2005-21

Urges Congress and the President to appropriate funding for Amtrak at a level no less than the amount appropriated for the current fiscal year.

WHEREAS, the American Council of the Blind (ACB) has consistently supported the appropriation of sufficient funding for Amtrak service; and

WHEREAS, Amtrak provides essential, and in many instances, the only, intercity mode of public transportation service to certain urban, suburban, and rural locales; and

WHEREAS, people who are blind or visually impaired heavily rely on the service Amtrak provides; and

WHEREAS, other private forms of public intercity transportation are continuing to diminish; and

WHEREAS, the House of Representatives Appropriations Committee has proposed to reduce by more than 50% the level of funds appropriated for Amtrak, and the Bush Administration proposed complete elimination of all federal funding for Amtrak; and

WHEREAS, even the proposed House reduction would cause many Amtrak routes to be either reduced or eliminated altogether;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 6th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization urge the Congress and the President to appropriate funding for Amtrak at a level no less than the amount appropriated for the current fiscal year.

Adopted.

Donna Seliger, Secretary

Resolution 2005-22

Provides that ACB include the guide dog representative to the convention committee in the site selection process.

WHEREAS, Guide Dog Users, Incorporated endeavors to partner with the American Council of the Blind (ACB) to provide the best accommodations for guide dog users and all convention attendees, as well as hotel guests and staff; and

WHEREAS, the number of guide dog users at ACB conventions continues to increase; and

WHEREAS, a number of recent hotel convention sites have had insufficient space in which to place guide dog relief areas, and have had inadequate access to water for sanitizing these areas; and

WHEREAS, the companies with whom ACB contracts to build and maintain guide dog relief areas are severely limited by these conditions; and

WHEREAS, finding these areas is difficult for guide dog users and volunteers alike;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that ACB include the guide dog representative to the convention committee in the site selection process.

Adopted,

Donna Seliger, Secretary

Resolution 2005-23

Highly commends and thanks the Riviera Hotel and Casino and its employees for hosting this first‑ever sanctioned poker tournament in which braille and large print cards were used.

WHEREAS, the Riviera Hotel and Casino, on its own initiative, suggested the hosting of a poker tournament for blind and visually impaired convention attendees; and

WHEREAS, the casino immediately approached the Nevada Gaming Control Board and obtained sanctioning for this first‑ever poker tournament in which braille and large print cards would be used; and

WHEREAS, the casino planned the tournament, and its supervisory employees offered to volunteer their time; and

WHEREAS, the casino gave up any share of the entry fee; and

WHEREAS, the poker tournament was an unqualified success;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 7th day of July, 2005 at the Riviera Hotel in Las Vegas, Nev., that this organization highly commend and thank the Riviera Hotel and Casino and its employees for hosting this first‑ever sanctioned poker tournament in which braille and large print cards were used.

Adopted.

Donna Seliger, Secretary

Resolution 2005-24

Calls upon the Committee for Purchase from People who are Blind or Severely Disabled to strengthen its efforts to educate federal acquisition officials and government purchase card holders about their obligations under the Javits‑Wagner‑O’Day (JWOD) Act and the Committee’s implementing regulations; calls on the General Services Administration (GSA) to more closely monitor compliance with commercial firms’ contract clauses, requiring that these companies stop offering any products that would be essentially the same as the required SKILCRAFT and other JWOD products; calls on the Office of Federal Procurement Policy (OFPP) to develop more effective government‑wide policies to protect the JWOD program and to more effectively train federal purchase card users about their obligations under the JWOD Act; and instructs the officers, directors and staff of this organization to send copies of this resolution to the chairman and executive director of the Committee for Purchase from People who are Blind or Severely Disabled, the commissioner of GSA, and the administrator of OFPP.

WHEREAS, National Industries for the Blind (NIB) is collectively the largest employer of people who are blind and visually impaired in America today; and

WHEREAS, NIB’s mission is to create, sustain and improve meaningful employment opportunities for people who are blind and visually impaired in the manufacture of products under the brand name SKILCRAFT, along with the provision of contract services for the civilian/military customer under the Javits‑Wagner‑O’Day (JWOD) program; and

WHEREAS, the Committee for Purchase from People who are Blind or Severely Disabled is the federal body that has jurisdiction to regulate the JWOD program; and

WHEREAS, recent mass media have profiled the jobs being lost or threatened due to federal agencies purchasing products from China rather than SKILCRAFT products manufactured by blind Americans, including items such as office wall clocks which are produced at the Chicago Lighthouse for People who are Blind and Vision Impaired; and

WHEREAS, the General Services Administration (GSA) is the federal agency that has contracted with commercial firms; and

WHEREAS, those GSA contracts require that the companies offer JWOD products rather than any other product that would be essentially the same; and

WHEREAS, the Office of Federal Procurement Policy (OFPP), within the Office of Management and Budget, oversees all federal acquisition policy;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization calls upon the Committee for Purchase from People who are Blind or Severely Disabled to strengthen its efforts to educate federal acquisition officials and government purchase card holders about their obligations under the JWOD Act and the Committee’s implementing regulations; and

BE IT FURTHER RESOLVED that this organization call on GSA to more closely monitor compliance with commercial firms’ contract clauses, requiring that these companies stop offering any products that would be essentially the same as the required SKILCRAFT and other JWOD products; and

BE IT FURTHER RESOLVED that this organization call on the OFPP to develop more effective government‑wide policies to protect the JWOD program and to more effectively train federal purchase card users about their obligations under the JWOD Act; and

BE IT FURTHER RESOLVED that the officers, directors, and staff of the American Council of the Blind send copies of this resolution to the Chairman and Executive Director of the Committee for Purchase from People who are Blind or Severely Disabled, the Commissioner of GSA, and the Administrator of OFPP.

Adopted.

Donna Seliger, Secretary

Resolution 2005-25

Directs the officers, directors and staff of the American Council of the Blind to explore whether unauthorized use of copyrighted audio‑described materials is occurring, and, if it is determined that such unauthorized use is occurring, to develop a plan of action to address this problem.

WHEREAS, this organization does not support unauthorized streaming of copyrighted audio‑described materials; and

WHEREAS, such unauthorized use creates a disincentive for the purchase of audio‑described materials, including movies and DVDs; and

WHEREAS, such unauthorized use of copyrighted audio‑described materials could ultimately result in a disincentive on the part of television and movie producers and providers of audio description services to create and market such products;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization direct its officers, directors, and staff to explore whether unauthorized use of copyrighted audio‑described materials is occurring; and

BE IT FURTHER RESOLVED that, if it is determined that such unauthorized use is occurring, the officers, directors, and staff of this organization shall develop a plan of action to address this problem.

Adopted.

Donna Seliger, Secretary

Resolution 2005-27

Directs its officers, directors and staff to work through a coalition of organizations of and for the blind to create and implement a training infrastructure that will enable people who are blind or visually impaired to learn how to bank and shop more independently and to ensure that rehabilitation professionals and teachers for the blind and visually impaired be provided with instruction in these vital areas, either in pre‑service educational settings or through in‑service training.

WHEREAS, the American Council of the Blind (ACB) and its affiliate organizations have worked cooperatively with Lainey Feingold and other attorneys to negotiate specific agreements which have resulted in the installation of thousands of talking ATM machines by many banking conglomerates; and

WHEREAS, these agreements have also included guidelines for making bank web sites more accessible to people who are blind or visually impaired; and

WHEREAS, ACB is also currently working to assure that point‑of‑sale machines in retail stores are also accessible to, and usable by, people who are blind or visually impaired; and

WHEREAS, these efforts have resulted in immense strides toward making independent and private financial management available to people who are blind or visually impaired; and

WHEREAS, creating access to ATM and point‑of‑sale machines without also providing training to people who are blind or visually impaired guarantees that very few who could benefit from these opportunities will ever feel capable of making use of them;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization direct its officers, directors and staff to work through a coalition of organizations of and for the blind to create and implement a training infrastructure that will enable people who are blind or visually impaired to learn how to bank and shop more independently; and

BE IT FURTHER RESOLVED that, in addition to direct training opportunities, this coalition work to ensure that rehabilitation professionals and teachers for the blind and visually impaired be provided with instruction in these vital areas, either in pre‑service educational settings or through in‑service training.

Adopted.

Donna Seliger, Secretary

Resolution 2005-28

Instructs the officers, directors and staff of the American Council of the Blind to work with other organizations of and for the blind to create a national initiative to do both of the following: 1) train hospital personnel on how to appropriately and effectively communicate, interact, and deliver quality services to people who are blind or visually impaired; and 2) to develop and disseminate materials that will enable people who are blind or visually impaired to understand and defend their rights in a hospital setting, and provides that this coalition seek to assure that these issues are included as elements of hospital accreditation.

WHEREAS, there is a huge body of anecdotal evidence demonstrating that people who are blind or visually impaired who enter hospitals are not treated appropriately by the staffs of such institutions; and

WHEREAS, this is partially the result of inadequate training of hospital personnel; and

WHEREAS, many people who are blind or visually impaired do not have a clear understanding of their rights and responsibilities while in the hospital; and

WHEREAS, there is no national, comprehensive approach currently being taken to ameliorate the improper treatment experienced by people who are blind or visually impaired in their interaction with health care facilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization instruct its officers, directors and staff to work with other organizations of and for the blind to create a national initiative to do both of the following: 1) train hospital personnel on how to appropriately and effectively communicate, interact, and deliver quality services to people who are blind or visually impaired; and 2) to develop and disseminate materials that will enable people who are blind or visually impaired to understand and defend their rights in a hospital setting; and

BE IT FURTHER RESOLVED that this coalition seek to assure that these issues are included as elements of hospital accreditation.

Adopted.

Donna Seliger, Secretary

Resolution 2005-30

Directs ACB to join with its affiliate, the Randolph‑Sheppard Vendors of America (RSVA), to express its full support for all appropriate actions to save the Office for the Blind and Visually Impaired and to maintain the RSA regional offices and the presidentially appointed status of the Commissioner, and to pledge to dedicate its resources and to work with other organizations to ensure the success of such initiatives.

WHEREAS, the Assistant Secretary for Special Education and Rehabilitative Services in the Department of Education has put into motion a plan to eliminate the Office for the Blind and Visually Impaired in the Rehabilitation Services Administration (RSA), to abolish the RSA regional offices and to eliminate the positions assigned to them, including the 43 percent of such personnel who are persons with disabilities; and

WHEREAS, the positions targeted for elimination include personnel charged with regional administration of the Randolph‑Sheppard blind vending facility program; and

WHEREAS, the Department of Education supports the elimination of the Presidential appointment and Senate confirmation of the Commissioner of the Rehabilitation Services Administration, relegating that position to a directorship appointed by the Assistant Secretary for Special Education and Rehabilitative Services; and

WHEREAS, provisions to accomplish this downgrading are contained in legislation passed by the U.S. House of Representatives; and

WHEREAS, the Office for the Blind and Visually Impaired has, for many decades, been the focal point for addressing the program needs of people who are blind or visually impaired, including the Randolph‑Sheppard blind vending facility program, the independent living program for older blind, and other essential disability‑specific activities; and

WHEREAS, blindness is a low‑incidence disability and those who are blind or visually impaired need the support and emphasis on programs addressing their needs, which would be diminished if the Office for the Blind and Visually Impaired were abolished; and

WHEREAS, the elimination of the Office for the Blind and Visually Impaired would endanger not only assistive programs for the blind, but could endanger the very livelihood of the 2,600 blind vendors of the United States, as well as independence for older persons who are blind and visually impaired; and

WHEREAS, the Rehabilitation Act Amendments of 1974, Public Law 93‑516, mandated the addition of ten staff to administer the Randolph‑Sheppard program, including a supergrade director for the Office for the Blind and Visually Impaired; and

WHEREAS, the proposed reorganization of the Rehabilitation Services Administration, including the closure of RSA regional offices, would be contrary to this Congressional mandate to staff the Randolph‑Sheppard program; and

WHEREAS, the proposed elimination of the RSA regional offices and the downgrading of the position of the RSA Commissioner would diminish the nation's programmatic emphasis on providing rehabilitation and independent living services to millions of disabled Americans,

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization join with its affiliate, the Randolph‑Sheppard Vendors of America (RSVA), to express its full support for all appropriate actions to save the Office for the Blind and Visually Impaired and to maintain the RSA regional offices and the Presidentially appointed status of the Commissioner, and to pledge to dedicate its resources and to work with other organizations to ensure the success of such initiatives; and

BE IT FURTHER RESOLVED that copies of this resolution be presented forthwith to the Secretary of Education, the Assistant Secretary for Special Education and Rehabilitative Services, the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce.

Adopted.

Donna Seliger, Secretary

Resolution 2005-31

Expresses the dissatisfaction and disapproval of the American Council of the Blind (ACB) concerning the decision of Skydive Las Vegas to refuse to allow a person to skydive solely on the basis that he or she is blind or visually impaired, and directs ACB staff to work with Mr. Hachey in exploring any available remedies.

WHEREAS, the American Council of the Blind (ACB) promotes full participation in American society; and

WHEREAS, Bob Hachey, a member of ACB, had pre‑arranged to go skydiving with Skydive Las Vegas, of Boulder City, Nevada, during the week of the 44th annual ACB national convention; and

WHEREAS, upon learning that Mr. Hachey was totally blind, the owner of Skydive Las Vegas refused to allow Mr. Hachey to jump; and

WHEREAS, John Fleming, an ACB member who has made hundreds of jumps after becoming blind, tried to intervene unsuccessfully with the owner on Mr. Hachey’s behalf; and

WHEREAS, refusing to take a qualified blind or visually impaired person skydiving solely on the basis of disability is a violation of Title III of the Americans with Disabilities Act;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization express its dissatisfaction and disapproval concerning the decision of Skydive Las Vegas to refuse to allow a person to skydive solely on the basis that he or she is blind or visually impaired; and

BE IT FURTHER RESOLVED that this organization direct its staff to work with Mr. Hachey in exploring any available remedies.

Adopted.

Donna Seliger, Secretary

Resolution 2005-32

Instructs the officers, directors and staff of the American Council of the Blind to prepare and circulate a brief document outlining the rights of parents who are blind or visually impaired to receive materials provided to parents by school districts in an accessible format, urges its affiliates to disseminate this document to local education agencies, and provides that an article outlining the rights of blind or visually impaired parents to receive materials in accessible format be published in “The Braille Forum,” so that it will be available as an easily accessible reference that such parents can use.

WHEREAS, school districts generally recognize their legal obligation to provide accessible materials for students enrolled in K through 12 programs; and

WHEREAS, blind or visually impaired parents of children attending school currently do not routinely receive, in accessible formats, print materials provided to parents; and

WHEREAS, school districts are often unaware that they have an obligation under Title II of the Americans with Disabilities Act to provide such materials to blind or visually impaired parents in accessible formats; and

WHEREAS, such materials are essential to the optimal educational success of children;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization instruct its officers, directors and staff to prepare and circulate a brief document outlining the rights of parents who are blind or visually impaired to receive materials in an accessible format from school districts throughout the country, and

BE IT FURTHER RESOLVED that this document be circulated through the National Association for Parents of Children with Visual Impairments (NAPVI), state departments of education, including the relevant entity in the District of Columbia, the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER), the National Parent Teacher Association (PTA), the National Education Association (NEA), the National Association of State Directors of Special Education, and other appropriate organizations; and

BE IT FURTHER RESOLVED that this organization urge its affiliates to disseminate this document to local education agencies; and

BE IT FURTHER RESOLVED that an article outlining the rights of blind or visually impaired parents to receive materials in accessible format be published in “The Braille Forum,” so that it will be available as an easily accessible reference that such parents can use.

Adopted.

Donna Seliger, Secretary

Resolution 2005-33

Commends and thanks Scoop Masters for its outstanding guide dog relief area clean‑up services.

WHEREAS, the number of guide dogs who attend an American Council of the Blind (ACB) ACB national convention are estimated to produce over ½ ton of solid waste during the convention, and

WHEREAS, Scoop Masters has been the contractor in charge of guide dog relief area clean‑up services for the convention; and

WHEREAS, as many as five relief areas have been available for the convention; and

WHEREAS, Scoop Masters has performed laudable and competent services in maintaining the relief areas;

Adopted.

Donna Seliger, Secretary

Resolution 2005-34

Directs the Information Access Committee to expeditiously investigate the vitally important television broadcasting and telecommunications issue of the failure of some satellite and cable providers to pass through the descriptive video signal to their customers, and to provide a report, including recommended actions, to the ACB Board of Directors by the date of the 2006 mid‑year board meeting.

WHEREAS, in the past few years, more audio‑described programming has become available, providing people who are blind or visually impaired with an increasing array of entertainment and educational opportunities; and

WHEREAS, by law, satellite and cable television providers act as a pass‑through for local network television; and

WHEREAS, satellite and cable providers sometimes do not pass the descriptive video signal through to their customers;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled this 8th day of July, 2005, at the Riviera Hotel in Las Vegas, Nev., that this organization direct its Information Access Committee to expeditiously investigate this vitally important television broadcasting and telecommunications issue and provide a report, including recommended actions, to the ACB Board of Directors by the date of the 2006 mid‑year board meeting.

Adopted.

Donna Seliger, Secretary

Table of Contents

National Exemption from 411 Charges for Blind or Visually Impaired

Establish Awards Concerning Audio‑described Productions

Pedestrian Safety Awareness

RFB&D's Required Installation of Authorization Key Condemned

Definition of Service Animals Urged

Calls upon DOT to Include Specified Language in Proposed Regulations

Appreciation of 2005 ACB National Convention Volunteers