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2006 Resolutions

Table of Contents

 

Summary of 2006 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 Resolutions which were referred to other ACB entities for further consideration, tabled or withdrawn are not included in this document.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 2006-01 directs the national office to seek information from ACB members regarding complaints with respect to quality of service, repair and replacement products and technical support issues. It also directs the president of ACB to engage in dialogue regarding these issues and to report the progress achieved at the 2007 convention.

Resolution 2006-02 directs this organization to seek adoption of federal legislation that would eliminate the earnings limit for persons who receive Social Security Disability Insurance.

Resolution 2006-03 directs this organization to strongly urge the Secretary of Veterans Affairs to adopt policies that provide a sufficient per diem for states to purchase adjustment to sight loss services or that would allow the Visual Impairment Service (VIS) programs to purchase these services.

Resolution 2006-06 directs ACB staff to communicate with manufacturers of blood glucose monitors, strongly urging them to incorporate accessible technology into the conceptual and design phases of their product development cycles. It also directs staff to draft and submit proposed federal legislative language for passage by Congress mandating that blood glucose monitor manufacturers incorporate accessibility into their blood glucose monitors.

Resolution 2006-07 directs ACB officers, directors and staff to contact officials at ETS to insist upon the use of Section 508 or W3C standards when designing the next generation of the GRE and its preparatory materials; further resolves that should ETS disregard widely accepted Internet accessibility standards then ACB consider all remedies including working with other disability rights organizations; additionally, should ETS disregard the needs of people who are blind or visually impaired then ACB will consider legal action if necessary.

Resolution 2006-08 directs that this organization urge Freedom Scientific to provide complete JAWS cassette tutorials until such time as the National Library Service for the Blind and Physically Handicapped (NLS) completes its conversion to DAISY format.

Resolution 2006-09 directs this organization to formally urge the United States Department of Transportation to take action to regulate the operation of all "quiet motor vehicles" to require the inclusion of sound emission devices; to strongly urge its state affiliates to seek the adoption of similar state and local requirements; to express to the manufacturers of these vehicles the necessity to immediately develop and design modifications; and to enlist the assistance of other transportation entities to mitigate this safety hazard.

Resolution 2006-13 directs this organization to insist that government agencies that have purchased application software that is inaccessible or incompatible with assistive technology take all steps necessary to actively resolve these issues; to advise the appropriate Congressional oversight committees of these agencies' failures to provide reasonable accommodations to employees who are blind or visually impaired and inform them of the inadequate training provided to employees who are blind or visually as well as to managerial and technical support staff; and strongly urges state and local affiliates to seek similar oversight from the appropriate legislative committees within their jurisdictions.

Resolution 2006-15 directs that ACB join with its affiliates and other chapters to express their unfavorable sentiment regarding CMS’ efforts to render moot valid case law regarding coverage of low vision aids and technologies and that ACB direct its officers, directors, and staff to utilize all post-comment period opportunities to work toward expansion of coverage of low vision aids and technologies under Medicare.

Resolution 2006-16 directs this organization to extend its warmest wishes and congratulations to these doctoral fellows, and that this organization extend an invitation to these doctoral fellows to attend an ACB convention some time during their five-year program.

Resolution 2006-17 reaffirms ACB’s long-standing policy to oppose the reopening the Americans with Disabilities Act (ADA).  It also affirms that any ADA restoration legislation or similar ADA amendments must clarify that the ADA will be interpreted to include public accommodations which do not maintain physical facilities.

Resolution 2006-18 extends warmest wishes and congratulations to the Chicago Lighthouse on its 100th birthday.

Resolution 2006-19 calls upon the American Diabetes Association to ensure that all materials that it distributes to persons who are blind or visually impaired are in an accessible format; also requests that the association encourage its service providers to make their materials available in accessible formats to persons who are blind or visually impaired.

Resolution 2006-20 calls upon Medtronic Diagnostics to work to make the Paradigm 712 accessible to the blind by developing a piece of equipment that will make the visual display accessible, and requests that a copy of this resolution be sent to the American Diabetes Association in order to solicit their assistance in making the Paradigm 712 accessible to people who are blind.

Resolution 2006-21 directs ACB staff to urge DVD producers to add an audio description track and to include navigation menus in all future DVD releases.

Resolution 2006-22 directs this organization to join with its affiliate, RSVA, in expressing its profound dissatisfaction with the report from the Senate Committee on Health, Education, Labor and Pensions and urges the committee to reject the conclusions contained in the report.

Resolution 2006-24 directs this organization to join with its affiliate, RSVA, and appropriate ACB staff to schedule an appointment with John Hager to determine to what extent technical assistance training will be provided to RSA staff.

Resolution 2006-25 directs that this organization demand that each transit entity be required to display their Vehicle Identification Numbers (VIN), in accessible format as well as in a location near the exits.

Resolution 2006-26 commends the Hyatt Regency Riverfront Hotel for its excellent work in providing services to ACB convention attendees.

Resolution 2006-27 commends the Florida Council of the Blind and the local host committee for their work in putting together this year’s convention.

Resolution 2006-28 commends the volunteers and Margarine Beaman for their hard work at this year’s convention.

Resolution 2006-01

Assistive Technology Repairs and Replacement

 

Directs the national office to seek information from ACB members regarding complaints with respect to quality of service, repair and replacement products and technical support issues. It also directs the president of ACB to engage in dialogue regarding these issues and to report the progress achieved at the 2007 convention.

WHEREAS, assistive technology plays a pivotal role in the lives of people who are blind or visually impaired; and

WHEREAS, the timeliness of the delivery of this assistive technology is essential to the independence of persons who are blind or visually impaired; and

WHEREAS, the American Council of the Blind (ACB) is aware of many consumer complaints regarding the quality of assistive technology products, repair and replacement services and technical support; and

WHEREAS, these problems can result in significant negative consequences to persons who are blind or visually impaired; and

WHEREAS, these concerns were recently expressed in a resolution adopted by the California Council of the Blind; and

WHEREAS, as a result of this resolution, constructive dialogue between access technology vendors and the California Council of the Blind has begun;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization direct its national office to seek information from ACB members regarding their complaints related to the quality of access technology products, repair and replacement services and technical support and forward these complaints to the appropriate assistive technology providers; and

BE IT FURTHER RESOLVED that this organization direct its president to engage in ongoing dialogue with appropriate assistive technology providers concerning the resolution of these issues and encourage them to seek greater input from consumers; and

BE IT FURTHER RESOLVED that this organization instruct its president to report to the ACB convention in 2007 regarding the progress achieved.

Adopted.

Donna Seliger, Secretary

Resolution 2006-02

Elimination of the Earnings Limit for Persons Receiving Social Security Disability Insurance

 

Directs this organization to seek adoption of federal legislation that would eliminate the earnings limit for persons who receive Social Security Disability Insurance.

WHEREAS, empirical data documents that the incidence of unemployment and poverty among persons with disabilities including people who are blind or visually impaired, is significantly higher than the national average; and

WHEREAS, the earnings limit on income that is imposed on people with disabilities on SSDI has the effect of restricting their ability to attain a higher standard of living; and

WHEREAS, many years ago, Congress eliminated the Social Security earnings limit for people 65 years and older to enable them to attain a higher standard of living;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel, in Jacksonville, Fla., that this organization seek the adoption of federal legislation that would eliminate the earnings limit for persons who receive Social Security Disability Insurance.

Adopted.

Donna Seliger, Secretary

Resolution 2006-03

Adjustment to Sight Loss Services for Veterans Living in a State Veterans Facility

 

Directs this organization to strongly urge the Secretary of Veterans Affairs to adopt policies that provide a sufficient per diem for states to purchase adjustment to sight loss services or that would allow the Visual Impairment Service (VIS) programs to purchase these services.

WHEREAS, the Department of Veterans Affairs has consistently been a leader in the delivery of blind rehabilitation services since World War II; and

WHEREAS, the issues surrounding veterans who are blind or visually impaired are disability-specific; and

WHEREAS, local Department of Veterans Affairs’ Visual Impairment Service (VIS) programs are precluded, by administrative interpretation, from purchasing adjustment to sight loss services for blind or visually impaired residents of state veterans’ homes, which services can be provided to persons not residing in state facilities; and

WHEREAS, the incidence of blindness in the veteran population is ever increasing; and

WHEREAS, the Department of Veterans Affairs has recognized blind rehabilitation as a service by having it as a service line; and

WHEREAS, individuals providing these services have graduate degrees in rehabilitation teaching and orientation and mobility for persons who are blind or visually impaired; and

WHEREAS, these services are purchased for veterans not residing in state veterans’ residential facilities; and

WHEREAS, the Department of Veterans Affairs’ geriatric service has a shared agreement with state veterans; residential facilities to provide a per diem to the facility for each veteran’s care; and

WHEREAS, this per diem is insufficient to provide adjustment to sight loss services;

NOW, THEREFORE BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization strongly urge the Secretary of Veterans Affairs to adopt policies that either provide for a sufficient per diem to permit a state to purchase adjustment to sight loss services or that allow the VIS programs to purchase these services.

Adopted.

Donna Seliger, Secretary

Resolution 2006-06

Glucose Monitoring Access for Blind Diabetics

 

Directs ACB staff to communicate with manufacturers of blood glucose monitors, strongly urging them to incorporate accessible technology into the conceptual and design phases of their product development cycles. It also directs staff to draft and submit proposed federal legislative language for passage by Congress mandating that blood glucose monitor manufacturers incorporate accessibility into their blood glucose monitors.

WHEREAS, according to the National Institute of Health, the Centers for Disease Control and Prevention, and the American Diabetes Association, of the more than 13 million Americans who suffer from some form of irreversible visual impairment or blindness, a significant percentage thereof results from complications of diabetes; and

WHEREAS, more than 120 million Americans wear corrective glasses or contact lenses because they have difficulty reading small print text; and

WHEREAS, individuals with diabetes have 25 times greater risk of blindness or visual impairment than the general population; and

WHEREAS, diabetic retinopathy is the leading cause of vision loss for Americans under the age of 60, accounting for over 12 percent of new cases of visual impairment annually, equating to over 24,000 new cases of visual impairment each year; and

WHEREAS, managing capillary blood sugars (cbs) through the use of blood glucose monitors is the most critical aspect of diabetic care in avoiding adverse side effects of diabetes, including renal failure, diabetic retinopathy and loss of vision; and

WHEREAS, contemporary blood glucose monitors are becoming extremely small, affording the fully sighted diabetic greater portability, accuracy and easier blood sugar management; and

WHEREAS, only a small number of these contemporary blood glucose monitors manufactured or sold in the U.S. have accessibility integrated into them, eliminating conceptual and design phases has become easily feasible and affordable, yet, none of the manufacturers have incorporated accessibility into their contemporary blood glucose monitors; and

WHEREAS, most manufacturers have alleged that incorporating accessibility into their products would extend the time it takes to bring them to market, thus, creating no incentive to incorporate accessibility;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization directs staff to communicate with manufacturers of blood glucose monitors, strongly urging them to incorporate accessibility technology into the conceptual and design phases of their product development cycles; and

BE IT FURTHER RESOLVED that this organization further direct its staff to draft and submit proposed federal legislative language for passage by Congress, mandating that manufacturers of blood glucose monitors incorporate accessibility into their blood glucose monitors.

Adopted.

Donna Seliger, Secretary

Resolution 2006-07

Graduate Record Exam

 

Directs ACB officers, directors and staff to contact officials at ETS to insist upon the use of Section 508 or W3C standards when designing the next generation of the GRE and its preparatory materials; further resolves that should ETS disregard widely accepted Internet accessibility standards then ACB consider all remedies including working with other disability rights organizations; additionally, should ETS disregard the needs of people who are blind or visually impaired then ACB will consider legal action if necessary.

WHEREAS, the Educational Testing Service (ETS) has completed field testing of the new Internet-based version of the Graduate Record Examination (GRE); and

WHEREAS, ETS has announced its intention to launch the new Internet-based GRE in the fall of 2007; and

WHEREAS, representatives from the American Council of the Blind (ACB) have expressed an interest in providing feedback on the Internet-based GRE; and

WHEREAS, ETS expressed its intention to work solely with the National Federation of the Blind (NFB); and

WHEREAS, ETS has historically been unreceptive to the needs of students who are blind or visually impaired; and

WHEREAS, an appropriate means for determining if an Internet-based examination is accessible is whether it meets standards under Section 508 of the Rehabilitation Act of 1973 as amended or the Web Content Accessibility Guidelines issued by the World Wide Web Consortium (W3C); and

WHEREAS, accessible Internet-based testing would present an opportunity for students who are blind or visually impaired to be tested on a level playing field; and

WHEREAS, the ETS online preparatory materials for the GRE must also be accessible;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization direct its officers, directors and staff to contact officials at ETS to insist upon use of Section 508 or W3C standards when designing the next generation of the GRE and its preparatory materials; and

BE IT FURTHER RESOLVED that, should ETS disregard widely accepted Internet accessibility standards, ACB consider all available remedies including working with other disability rights organizations, arbitration/mediation and other legal avenues; and

BE IT FURTHER RESOLVED that should ETS disregard the needs of blind and visually impaired students, all legal remedies be considered and pursued, including working with other appropriate disability rights organizations.

Adopted.

Donna Seliger, Secretary

Resolution 2006-08

JAWS Tutorials and New Features Cassettes

 

Directs that this organization urge Freedom Scientific to provide complete JAWS cassette tutorials until such time as the National Library Service for the Blind and Physically Handicapped (NLS) completes its conversion to DAISY format.

WHEREAS, JAWS is a screen reader used by many blind and visually impaired computer users; and

WHEREAS, JAWS included a complete basic training cassette tutorial through version 4.0; and

WHEREAS, JAWS has an increasing number of features that are difficult to learn independently; and

WHEREAS, listening to live demonstrations is an easy way to independently learn these features; and

WHEREAS, the current audio CD provided in the JAWS package is not a satisfactory substitute for the tutorials on the DAISY CD;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization urge Freedom Scientific to provide complete JAWS cassette tutorials until such time as the National Library Service for the Blind and Physically Handicapped (NLS) completes its conversion to DAISY format.

Adopted.

Donna Seliger, Secretary

Resolution 2006-09

Quiet Vehicles

 

Directs this organization to formally urge the United States Department of Transportation to take action to regulate the operation of all "quiet motor vehicles" to require the inclusion of sound emission devices; to strongly urge its state affiliates to seek the adoption of similar state and local requirements; to express to the manufacturers of these vehicles the necessity to immediately develop and design modifications; and to enlist the assistance of other transportation entities to mitigate this safety hazard.

WHEREAS, an increasing number of motor vehicles can operate without the constant running of an internal combustion engine and its resulting sound; and

WHEREAS, such vehicles therefore can move in virtual silence creating danger to pedestrians and most especially those who are blind or visually impaired; and

WHEREAS, pedestrians who are blind or visually impaired depend on auditory cues to travel safely; and

WHEREAS, this organization has expressed strong concerns on this subject in past resolutions;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization formally urge the United States Department of Transportation to take decisive and binding action to regulate the operation of all "quiet motor vehicles" to require the inclusion of sound emission devices; and

BE IT FURTHER RESOLVED that this organization strongly urge its state affiliates to seek adoption of similar state and local requirements; and

BE IT FURTHER RESOLVED that that this organization express to the manufacturers of these vehicles the necessity to immediately develop and design modifications; and

BE IT FURTHER RESOLVED that this organization enlist the assistance of the Institute of Transportation Engineers, the Transportation Research Board, and other non-governmental organizations of traffic engineering professionals in mitigating this safety hazard.

Adopted.

Donna Seliger, Secretary

Resolution 2006-13

Accessible Software and Assistive Technology for Governmental Employees

 

Directs this organization to insist that government agencies that have purchased application software that is inaccessible or incompatible with assistive technology take all steps necessary to actively resolve these issues; to advise the appropriate Congressional oversight committees of these agencies' failures to provide reasonable accommodations to employees who are blind or visually impaired and inform them of the inadequate training provided to employees who are blind or visually as well as to managerial and technical support staff; and strongly urges state and local affiliates to seek similar oversight from the appropriate legislative committees within their jurisdictions.

WHEREAS, blind or visually impaired federal, state and local government employees are frequently required to use software applications that are inaccessible to their assistive technology; and

WHEREAS, such blind or visually impaired employees are often denied access to or are unable to obtain adequate training in using their assistive technology with the software applications they are required to use; and

WHEREAS, this lack of effective training has caused supervisory personnel to blame the employees when access problems are brought to management's attention; and

WHEREAS, these three elements often contribute to significant negative consequences, including, but not limited to, poor performance evaluations and/or job loss; and

WHEREAS, government agencies are required, under Sections 501, 504, and 508 of the Rehabilitation Act, and other reasonable accommodation provisions of Title II of the Americans with Disabilities Act, to provide reasonable accommodations to employees with disabilities in order that they may perform the essential functions of their jobs;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization insist that government agencies that have purchased application software which is either inaccessible to or incompatible with assistive technology take all steps necessary to actively resolve such accessibility and incompatibility issues; and

BE IT FURTHER RESOLVED that the appropriate Congressional committees which provide oversight be advised of these agencies' failures to reasonably accommodate employees who are blind or visually impaired; and

BE IT FURTHER RESOLVED that these committees be informed about the inadequate training provided to employees who are blind or visually impaired as well as to managerial and technical support staff; and

BE IT FURTHER RESOLVED that this organization strongly urge its state and local affiliates to seek similar oversight from the appropriate committees of the respective legislative committees within their jurisdictions.

Adopted.

Donna Seliger, Secretary

Resolution 2006-15

Medicare Coverage for Low Vision Aids

 

Directs that ACB join with its affiliates and other chapters to express their unfavorable sentiment regarding CMS’ efforts to render moot valid case law regarding coverage of low vision aids and technologies and that ACB direct its officers, directors, and staff to utilize all post-comment period opportunities to work toward expansion of coverage of low vision aids and technologies under Medicare.

WHEREAS, Medicare has never covered most low vision aids, examples of which include closed-circuit television systems, magnifiers, and other low vision aids and technologies; and

WHEREAS, in recent years, a plethora of advocacy organizations have experienced a significant modicum of success in appealing Medicare denials of these low vision devices, thus achieving Medicare coverage for such devices upon appeal; and

WHEREAS, a significant body of case law has thus been established documenting that low vision aids and technologies are indeed elements of durable medical equipment that indeed should be regarded as fully covered under Medicare; and

WHEREAS, in response to this growing body of case law, the Centers for Medicare and Medicaid Services (CMS) issued a Notice of Proposed Rulemaking on May 1, 2006, announcing the intent to bar, without exception, Medicare coverage for any device, such as closed-circuit television systems, magnifiers, and any other low vision aids and technology; and 

WHEREAS, the American Council of the Blind and several of its affiliates, including the California Council of Citizens with Low Vision (CCCLV) and the Kansas Association for the Blind and Visually Impaired (KABVI), have submitted comments responding to and opposing the alterations proposed in this NPRM, CMS 1270-People; and

WHEREAS, the comment period concerning this NPRM closed on June 30, 2006;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization join with CCCLV, KABVI, and other affiliates and chapters who have submitted comments, in deploring and condemning the blatant efforts of CMS to render moot valid case law that has been established concerning coverage of low vision aids and technologies under Medicare, thus denying effective due process appeals rights to citizens with low vision as a class; and

BE IT FURTHER RESOLVED that this organization direct its officers, directors, and staff to use all post-comment period opportunities to work toward expansion of coverage of low vision aids and technologies under Medicare.

Adopted.

Donna Seliger, Secretary

Resolution 2006-16

Congratulating and Welcoming NCLVI Doctoral Fellows to ACB

 

Directs this organization to extend its warmest wishes and congratulations to these doctoral fellows, and that this organization extend an invitation to these doctoral fellows to attend an ACB convention sometime during their five-year program.

WHEREAS, a more than six-million-dollar grant from the U.S. Department of Education has established a nationwide strategy to address the profound shortage of professionals serving individuals with vision loss by the coordinated preparation of doctoral-level leaders in special and related disciplines through the National Center for Leadership in Visual Impairment (NCLVI); and

WHEREAS, the 21 students currently participating in the NCLVI consortium of university programs represent the next generation of doctoral-level well-equipped and visionary professional, administrative, research, and public policy leadership in our field; and

WHEREAS, it is essential for this group of distinguished emerging leaders to be thoroughly familiar and personally acquainted with the wide diversity of individuals experiencing vision loss and the consumer organizations which represent them; and

WHEREAS, the American Council of the Blind is an active partner in the public advisory committee that offers encouragement, recommendations and support to the NCLVI program and students to effectively advance program goals and enrichment activities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization offer its warmest regards, congratulations and best wishes for success to the doctoral fellows participating in the NCLVI program; and

BE IT FURTHER RESOLVED that this organization extend a formal invitation to the NCLVI doctoral fellows and staff to attend an annual convention of the American Council of the Blind held during the five-year term of the NCLVI program to offer each participating student an opportunity to take part in the life and mission of ACB.

Adopted.

Donna Seliger, Secretary

Resolution 2006-17

Application of the ADA to Commercial Web Sites

      

Reaffirms ACB’s long-standing policy to oppose the reopening the Americans with Disabilities Act (ADA). It also affirms that any ADA restoration legislation or similar ADA amendments must clarify that the ADA will be interpreted to include public accommodations which do not maintain physical facilities.

WHEREAS, the Americans with Disabilities Act (ADA) is a comprehensive civil rights statute intended to ensure equal access to people with disabilities to the full array of goods and services, benefits, privileges and other opportunities offered by all public accommodations in the U.S.; and

WHEREAS, federal regulations implementing Title III of the ADA define places of public accommodation as those which maintain facilities; and

WHEREAS, judicial opinions conflict regarding the extent of this limitation, especially with respect to public accommodations which do not maintain facilities that are physically open to the public; and

WHEREAS, both the National Council on Disability and the U.S. Department of Justice have persuasively argued that the ADA clearly applies to public accommodations offering goods and services by phone or via the Internet; and

WHEREAS, it is unlikely that clarifying changes to the ADA’s Title III implementing regulations will be made in the foreseeable future; and

WHEREAS, there are calls from within the disability community for Congressional enactment of so-called ADA restoration legislation to address several erroneously decided court cases which significantly narrow ADA’s civil rights protections; and

WHEREAS, these calls are garnering significant Congressional attention; and

WHEREAS, people who are blind or visually impaired must rely more and more on commercial web sites and other communication-based means for the delivery of goods and services that are essential for daily living and often medically necessary;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization reaffirm its long-standing policy of opposing efforts to open the Americans with Disabilities Act (ADA); and

BE IT FURTHER RESOLVED that this organization affirm that, in order to be complete, any ADA restoration legislation or similar ADA amendments proposed to, and enacted by, Congress must clarify that the ADA shall be interpreted to include coverage of those public accommodations which do not maintain physical facilities.

Adopted.

Donna Seliger, Secretary

Resolution 2006-18

Chicago Lighthouse Birthday

 

Extends warmest wishes and congratulations to the Chicago Lighthouse on its 100th birthday.

WHEREAS, the Chicago Lighthouse for People Who Are Blind or Visually Impaired was founded in 1906; and

WHEREAS, this agency has grown and expanded to now offer 23 different programs of service to adults and children who are blind or visually impaired, including Lighthouse Industries, a children's program, a program for senior citizens who are blind or visually impaired, and an adaptive technology program; and

WHEREAS, 2006 marks the 100th year of service for this agency;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization extend its congratulations to the Chicago Lighthouse for People Who Are Blind or Visually Impaired on its 100th birthday; and

BE IT FURTHER RESOLVED that this organization wish the Lighthouse future success as they continue to grow and flourish to meet the needs of all people who are blind or visually impaired; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to Mr. James M. Kesteloot, President and Executive Director of the Chicago Lighthouse for People Who Are Blind or Visually Impaired.

Adopted.

Donna Seliger, Secretary

Resolution 2006-19

Accessible Materials from the American Diabetes Association

 

Calls upon the American Diabetes Association to ensure that all materials that it distributes to persons who are blind or visually impaired are in an accessible format; also requests that the association encourage its service providers to make their materials available in accessible formats to persons who are blind or visually impaired.

WHEREAS, 20.8 million Americans have been diagnosed with diabetes, and 41 million Americans are diagnosed as being pre-diabetic, and the number is expected to increase; and

WHEREAS, diabetic retinopathy causes 12,000 to 24,000 new cases of blindness each year, making diabetes the leading cause of blindness in Americans ages 20 to 74; and

WHEREAS, an increasing number of people who are blind due to other causes are being diagnosed with diabetes; and

WHEREAS, the American Diabetes Association (ADA) is the leading non-profit organization responsible for research, information dissemination, and advocacy for people with diabetes; and

WHEREAS, its mission is to improve the lives of ALL people with diabetes; and

WHEREAS, the ADA rarely provides its information in formats accessible to persons who are blind or visually impaired, nor does it encourage its service providers to make available such materials;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that the American Council of the Blind call on the American Diabetes Association to ensure that all materials it disseminates are available in formats accessible to persons who are blind or visually impaired; and

BE IT FURTHER RESOLVED that the ADA is requested to encourage its service providers to ensure that all materials are available in accessible formats.

Adopted.

Donna Seliger, Secretary

Resolution 2006-20

Accessible Insulin Pumps

      

Calls upon Medtronic Diagnostics to work to make the Paradigm 712 accessible to the blind by developing a piece of equipment that will make the visual display accessible, and requests that a copy of this resolution be sent to the American Diabetes Association in order to solicit their assistance in making the Paradigm 712 accessible to people who are blind.

WHEREAS, Medtronic Diagnostics is the largest supplier of insulin pumps in the United States, and many users of this pump are blind or visually impaired; and

WHEREAS, these diabetics who are blind or visually impaired would like to take full advantage of the use of the insulin pump, especially the new Medtronic Diagnostics pump (Paradigm 712) which automatically reads glucose levels; and

WHEREAS, individuals who use a pump are required to do glucose level checks frequently during the day which require finger sticks causing calluses which lead to deterioration of tactual sensory functioning such as reading braille;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that the American Council of the Blind call upon Medtronics Diagnostics to work to make the Paradigm 712 pump accessible to the blind by developing a piece of equipment that will speak the visual display; and

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the American Diabetes Association to solicit their help in advocating for such accessible equipment.

Adopted.

Donna Seliger, Secretary

Resolution 2006-21

Video Description on DVDs

 

Directs ACB staff to urge DVD producers to add an audio description track and to include navigation menus in all future DVD releases.

WHEREAS, films have quickly become an integral part of family life and American culture; and

WHEREAS, DVDs are the major format for the recording and distribution of current films for personal viewing; and

WHEREAS, DVDs rely upon the visual effects and images in a film to convey important elements of the plot; and

WHEREAS, this focus means that people who are blind or visually impaired cannot access DVDs in a meaningful way; and

WHEREAS, video description, involving a narrator describing visual elements during the natural pauses that occur in dialogue, enables persons who cannot see to know what is happening; and

WHEREAS, DVDs are the preferred medium for the inclusion of this access technology because it can be turned on or off as desired if the narration is added not only to the contents, but also to the navigation menu of the DVD; and

WHEREAS, the data requirements for the video description audio track are relatively minimal; and

WHEREAS, the addition of video description on DVDs would result in increased sales to consumers who are blind or visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization direct its staff to urge DVD producers to add a video described audio track and include accessible navigation menus to all future DVD releases.

Adopted.

Donna Seliger, Secretary

Resolution 2006-22

HELP Committee Report & RSVA

 

Directs this organization to join with its affiliate, RSVA, in expressing its profound dissatisfaction with the report from the Senate Committee on Health, Education, Labor and Pensions and urges the committee to reject the conclusions contained in the report.

WHEREAS, the Report of the United States Senate Committee on Health, Education, Labor and Pensions dated October 20, 2005 and entitled “Opportunities Too Few? Oversight of Federal Employment Programs for Persons with Disabilities,” alleged the existence of a number of problems in the management, operation, and outcomes of the Randolph-Sheppard blind vending facility program, and presented a number of recommendations for the resolution of those problems; and

WHEREAS, representatives of national organizations, including the Randolph-Sheppard Vendors of America and the American Council of the Blind, expressed deep concern about the assumptions of the Senate report, and strong disagreement with its findings, conclusions, and recommendations; and

WHEREAS, such assumptions include (1) that a few blind vendors reap financial windfalls from military dining contracts, and (2) that blind vendors hire few persons with disabilities; and

WHEREAS, the report’s findings, conclusions, and recommendations include (1) that Congress should consider combining the Randolph-Sheppard and Javits-Wagner-O’Day programs into a single program, (2) that legislation should be enacted to bring all people with disabilities into the combined program, with allocation of resources based on need and not categories of disability, (3) that blind vendors are guilty of triple-dipping to enhance the income, depending heavily on taxpayer dollars, and (4) that only 5 percent of blind vendors’ employees are disabled; and

WHEREAS, some staff of the Senate HELP Committee have used the inaccuracies and erroneous assumptions contained in the committee report as a basis for developing legislation that may harm blind vendors and the Randolph-Sheppard program;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind and the Randolph-Sheppard Vendors of America in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that ACB join with its affiliate, the Randolph-Sheppard Vendors of America, in expressing the profound dissatisfaction with the report of the Senate Committee on Health, Education, Labor and Pensions, and urge the committee to reject the conclusions contained in the report as the basis for developing legislation to modify the Randolph-Sheppard Blind Vending Facility Program.

Adopted.

Donna Seliger, Secretary

Resolution 2006-24

Training for RSA Staff

 

Directs this organization to join with its affiliate, RSVA, and appropriate ACB staff to schedule an appointment with John Hager to determine to what extent technical assistance training will be provided to RSA staff.

WHEREAS, the American Council of the Blind (ACB) has received no information regarding the status of Randolph-Sheppard program training for technical assistance and support teams, established under the recent reorganization of the Rehabilitation Services Administration (RSA); and

WHEREAS, detailed and extensive Randolph-Sheppard program knowledge within the staff of the Rehabilitation Services Administration is critical to the health and well-being of the program which is the source of the nation’s most successful employment program for people who are blind;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization join with its affiliate, the Randolph-Sheppard Vendors of America (RSVA), in directing appropriate ACB staff to schedule an appointment with John Hager, Assistant Secretary of the Office of Special Education and Rehabilitative Services, (OSERS) to ascertain whether and to what extent technical assistance training is or will be provided to RSA staff.

Adopted.

Donna Seliger, Secretary

Resolution 2006-25

Transit Entity to Display their VIN in Accessible Format

 

Directs that this organization demand that each transit entity be required to display their Vehicle Identification Numbers (VIN), in accessible format as well as in a location near the exits.

WHEREAS, multi-stop, fixed-route public transit provides essential transportation for people who are blind or visually impaired; and

WHEREAS, the reliable announcements of all major stops and transfer points are necessary for the use of this transportation by riders who are blind or visually impaired; and

WHEREAS, when an announcement of a major as well as all requested stop or transfer point is not provided, it is essential that customers are able to make complaints promptly and accurately; and

WHEREAS, fixed route vehicles generally have a vehicle identification number presented in visual form;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel, in Jacksonville, Florida, that this organization demand that each transit entity providing multi-stop, fixed-route public transit, be required to display, in accessible format, the vehicle identification number of that vehicle in its interior in a location near each of its exits.

Adopted.

Donna Seliger, Secretary

Resolution 2006-26

Commendation of Convention Hotel

 

Commends the Hyatt Regency Riverfront Hotel for its excellent work in providing services to ACB convention attendees.

WHEREAS, the Hyatt Riverfront Hotel in Jacksonville, Florida has provided essential services and important accommodations to the members of the American Council of the Blind (ACB) attending its 2006 convention; and

WHEREAS, the staff of the Hyatt Riverfront Hotel has been friendly and helpful; and

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

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization express its thanks and appreciation for the services and accommodations provided to its members by the Hyatt Riverfront Hotel and its staff.

Adopted.

Donna Seliger, Secretary

Resolution 2006-27

Commendations to Florida Council of the Blind

 

Commends the Florida Council of the Blind and the local host committee for their work in putting together this year’s convention.

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 Florida have met every challenge in hosting the 2006 ACB National Convention in Jacksonville, Florida 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 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization wholeheartedly thank and commend the host committee and the Florida Council of the Blind for their fine work.

Adopted.

Donna Seliger, Secretary

Resolution 2006-28

Commendations to the Volunteers

 

Commends the volunteers and Margarine Beaman for their hard work at this year’s convention.

WHEREAS, volunteers, under the most able stewardship of Volunteer Coordinator Margarine Beaman, have provided superb services in all ways to attendees of the 2006 American Council of the Blind (ACB) Convention;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled on this 14th day of July, 2006, at the Hyatt Regency Riverfront Hotel in Jacksonville, Fla., that this organization warmly and most sincerely express its appreciation to all volunteers who worked to assist the attendees of the 2006 ACB 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

2006 Resolutions-with-summary.docx