2010 Resolutions

TABLE OF CONTENTS 

• Summary of 2010 Resolutions
• Resolution 2010-01 - Audible Pedestrian Signals
• Resolution 2010-02 - History of Disabilities
• Resolution 2010-03 - H.R. 3101
• Resolution 2010-04 - Establishing Effective Transit Route Destination and Stop Announcement Policies and Procedures
• Resolution 2010-05 - Increasing Funding Support for Public Transit Systems
• Resolution 2010-07 - Museums
• Resolution 2010-08 - ADA Anniversary
• Resolution 2010-10 - IRS
• Resolution 2010-11 - Entertainment Industry Discrimination
• Resolution 2010-12 - Accessibility to Google’s Products
• Resolution 2010-13 - Exit Testing
• Resolution 2010-15 - QVC
• Resolution 2010-16 - Charter Schools
• Resolution 2010-17 - iTunes
• Resolution 2010-18 - Braille Manuals
• Resolution 2010-19 - Accessibility and the Microsoft Corporation
• Resolution 2010-20 - Sprint
• Resolution 2010-21 - Accessibility to Facebook
• Resolution 2010-22 - Blind With Other Disabilities
• Resolution 2010-23 - Commending Volunteers
• Resolution  2010-24 - Commendation of Arizona Council of the Blind
• Resolution  2010-25 - Commendation of the Hotel

Audible Pedestrian Signals

Resolution 2010-01

 

1. This organization directs its governmental relations staff and Environmental Access Committee to include in its comments on public rights-of-way support for a requirement that, at intersections where there are multiple accessible pedestrian devices, the audible signal phase for each signal must be unambiguously identifiable with its particular crossing.

2. In its comments, this organization shall include a recommendation that, where digital voice recordings are used for accessible pedestrian signals, differing voices be used to differentiate parallel and perpendicular crossings.

3. This organization’s comments shall include that the vibratory features making accessible pedestrian signals accessible to pedestrians who are dual sensory impaired shall be the standard in all locations where accessible pedestrian signals are installed.

WHEREAS, continuing development of complex intersections, combined with increasing numbers of quiet vehicles, has increased danger levels for pedestrians, and particularly those pedestrians who are blind, visually impaired, or multiply disabled blind; and

WHEREAS, accessible pedestrian signals have clearly shown the potential of reducing automobile-pedestrian accidents; and particularly those involving blind, visually impaired and disabled pedestrians; and

WHEREAS, it is essential that the differentiation between a signal for a parallel crossing and a signal for a perpendicular crossing is abundantly clear; and

WHEREAS, although current generation accessible pedestrian signals represent an improvement over the cuckoo and chirping signals of yesteryear, which are no longer being installed under current practices, it is a serious concern that current proposed standards do not require differing sounds or voices to differentiate signalizations for crossing parallel and perpendicular streets; and

WHEREAS, current proposed standards for positioning of accessible pedestrian signals allows for sound sources for crossing parallel and perpendicular streets to be placed as close together as ten feet; and

WHEREAS, a common error made by traffic engineers and electrical installers in installing accessible pedestrian signals is to place sound sources for the crossing of different streets closer together than ten feet, and sometimes even on the same pole; and

WHEREAS, people who are deaf-blind should also be accommodated through accessible pedestrian signals; and

WHEREAS, the United States Architectural and Transportation Barriers Compliance Board (The Access Board) will soon be opening a docket for comments on proposed rulemaking for public rights of way, which will include standards for accessible pedestrian signals;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization directs its governmental relations staff and Environmental Access Committee to include in its comments on public rights-of-way support for a requirement that, at intersections where there are multiple accessible pedestrian devices, the audible signal phase for each signal must be unambiguously identifiable with its particular crossing; and

BE IT FURTHER RESOLVED by this organization that its comments shall include a recommendation that, where digital voice recordings are used for accessible pedestrian signals, differing voices be used to differentiate parallel and perpendicular crossings; and

BE IT FURTHER RESOLVED by this organization that its comments shall include that the vibratory features making accessible pedestrian signals accessible to pedestrians who are dual sensory impaired should be the standard in all locations where accessible pedestrian signals are installed.

Adopted.

Marlaina Lieberg, Secretary

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History of Disabilities

Resolution 2010-02

 

1. This organization herewith goes on record that we will not accept the version of disability history that is being offered as truth by other organizations in the disability rights arena. And, in particular, this organization categorically and emphatically repudiates the notion that the disability rights movement began with the Independent Living movement in California in the 1970s.

2. This organization expresses our pride knowing that the genesis of the disability rights movement involved people who are blind seeking the opportunity to be fully included in our society and we absolutely insist that their contribution to awakening our country to the potentialities of people with disabilities cannot and will not be ignored or forgotten or knowingly minimized by anyone.

3. This organization categorically demands that every state that has passed laws that permit or require that disability history be included as part of the curricula of elementary and secondary schools include the significant role played by deaf and/or blind people in the disability rights movement.

4. Each state affiliate of the American Council of the Blind is hereby strongly encouraged to become directly involved with their respective state Departments of Education and categorically demand that the role played by sensory impaired people in the creation of equality for all people with disabilities be accurately and fully included in such training.

5. Our national organization is hereby instructed to seek funding and support for the development of a national curriculum framework that can provide to states clear and accurate information that can be used to implement these educational opportunities.

WHEREAS, the American Council of the Blind is committed to honoring the rich disability history of which our organization is a part; and

WHEREAS, it is expected that, by the end of this year, thirty states will have considered legislation that permits or requires schools in each of those states to conduct activities that could have the effect of promoting an understanding of the rich and varied history of the movement which has created the current state of inclusion of people with disabilities; and

WHEREAS, it has become clear, given the experience of the implementation of such laws in several states, that historical information provided to students is incomplete, inaccurate and misleading; and

WHEREAS, in particular, the role of individuals with sensory impairments in creating the environment out of which the disability rights movement grew is grossly under-represented, if not ignored; and

WHEREAS, it is imperative that this egregious distortion of the truth be corrected; and

WHEREAS, it is unconscionable that the rich and varied tapestry of the history of people with disabilities ignores the pioneering efforts of people who are deaf and/or blind who, since 1880, have created organizations and legislation that pioneered virtually all of the notions that were later embodied in both the civil rights laws that were passed in the 1960s and in the disability rights movement that emerged only after 1970;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization herewith goes on record that we will not accept the version of disability history that is being offered as truth by other organizations in the disability rights arena. And, in particular, this organization categorically and emphatically repudiates the notion that the disability rights movement began with the Independent Living movement in California in the 1970s; and

BE IT FURTHER RESOLVED that this organization expresses our pride knowing that the genesis of the disability rights movement involved people who are blind seeking the opportunity to be fully included in our society and we absolutely insist that their contribution to awakening our country to the potentialities of people with disabilities cannot and will not be ignored or forgotten or knowingly minimized by anyone; and

BE IT FURTHER RESOLVED that this organization categorically demands that every state that has passed laws that permit or require that disability history be included as part of the curricula of elementary and secondary schools include the significant role played by deaf and/or blind people in the disability rights movement; and

BE IT FURTHER RESOLVED that each state affiliate of the American Council of the Blind is hereby strongly encouraged to become directly involved with their respective state Departments of Education and categorically demand that the role played by people with sensory impairments in the creation of equality for all people with disabilities be accurately and fully included in such training; and

BE IT FURTHER RESOLVED that our national organization is hereby instructed to seek funding and support for the development of a national curriculum framework that can provide clear and accurate information to states that can be used to implement these educational opportunities.

Adopted.

Marlaina Lieberg, Secretary

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H.R. 3101

Resolution 2010-03

 

This resolution primarily deals with the 21st Century Telecommunications Act legislation. It asks that this organization express to the House Energy and Commerce Committee our deep disappointment on the recent subcommittee action. This resolution emphatically implores Congress to honor the 20th anniversary of the Americans with Disabilities Act by enacting the strongest possible legislation that would ensure that people with vision loss as well as those people who are deaf-blind would not continue to be excluded from the technology and the video revolution. Lastly, this resolution requests that such legislation appropriate non-discretionary funding for equipment that is used by people who are deaf-blind, clear and continuing authority by the FCC to require video description throughout the nation and the strongest possible legal guarantees that the user interfaces of devices, particularly mobile devices, allow people with vision loss to connect and interact with the Internet.

WHEREAS, the transmission and reception of text data and web browsing with wireless and other telecommunications devices has become a primary means of communication used in commerce, education, the workplace, and social networking environment; and

WHEREAS, failure to promptly address the need for audible and other access to such text data-related communication in federal law will cause irreparable harm to the equal and full participation of people with vision loss in school, work and community; and

WHEREAS, people who are deaf-blind rely on expensive technology to enable them to engage in even the most rudimentary communication; and

WHEREAS, well-funded consumer electronics and wireless industry lobbyists have been waging a campaign of fear-mongering and misinformation about the purposes and provisions of H.R. 3101 which, if successful, would completely eviscerate the legislation; and

WHEREAS, on June 30, 2010, the U.S. House of Representatives Subcommittee on Communications, Technology and the Internet of the Energy and Commerce Committee adopted a sweeping amendment to H.R. 3101, the Twenty-first Century Communications and Video Accessibility Act, and

WHEREAS, H.R. 3101, as introduced by Rep. Edward Markey (D-MA), is landmark legislation intended to ensure that people with disabilities, especially those with visual and hearing disabilities, are not excluded as new Internet-related and other digital and video technologies proliferate; and

WHEREAS, the Subcommittee-passed amendment to H.R. 3101 fails to address three essential needs faced by the vision loss and deaf-blindness communities, specifically:

1. The removes all provisions of H.R. 3101 that would have authorized up to $10 million in Universal Service Funds to underwrite the purchase of equipment used by people who are deaf-blind to access telephone communications;

2. Video description would only be required in the top 25 markets, thus excluding the majority of Americans who are blind or visually impaired from receiving such services and the Federal Communications Commission would be prohibited from requiring that more than seven hours per week of audio-described programming be provided even in these markets;

3. The amendment deletes all provisions of H.R. 3101 that would have ensured that the interface of devices, particularly mobile devices, that allow connection to and use of the Internet are accessible to and usable by people who are blind or visually impaired; and

WHEREAS, the American Council of the Blind has endorsed H.R. 3101 as introduced;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 14th day of July, 2010, that this organization express to the members of the House Energy and Commerce Committee our deep disappointment with the recent subcommittee action; and

BE IT FURTHER RESOLVED that this organization emphatically implore Congress to honor the twentieth anniversary of the Americans with Disabilities Act by enacting the strongest possible legislation guaranteeing that people with disabilities, especially vision loss and deaf-blindness, do not continue to be excluded from the technology and video programming revolution; and

BE IT FURTHER RESOLVED that such legislation must include appropriate provision of non-discretionary funding for equipment used by people who are deaf-blind, clear and continuing FCC authority to require video description throughout the nation, and the strongest possible legal guarantees that the user interfaces of devices, particularly mobile devices, allow people with vision loss to connect and interact with the Internet.

Adopted.

Marlaina Lieberg, Secretary

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Establishing Effective Transit Route Destination and Stop Announcement Policies and Procedures

Resolution 2010-04

 

1. This organization urges all public and private entities that operate fixed route bus and/or passenger rail systems for public use to:

- Establish clear, written policies for implementing the ADA's requirements of making route designation and stop announcements.

- When establishing such policies, include input from local stakeholders to include passengers who are blind or visually impaired and other passengers with disabilities who will be affected by such policies.

- Incorporate all of the recommendations that have been developed by the Transportation Committee of the American Council of the Blind with respect to the policies that should govern the calling of bus stop announcements.

2. Copies of this resolution be sent to the following interested parties:

- President, American Public Transit Association

- Executive Director, Community Transportation Association of America

- Administrator, Federal Transit Administration

- Director, FTA Office of Civil Rights

- Presidents of each ACB state, local, and special-interest affiliate.

3. This organization direct the ACB Transportation Committee to develop a short brochure to assist its affiliates to advocate for implementation of effective route destination and stop announcement policies and procedures, and that this brochure be made available to the membership via the ACB web site and by such other means deemed appropriate by the officers, directors, and staff not later than December 31st, 2010.

WHEREAS, the Americans with Disabilities Act (ADA) sets forth minimum standards for transit agencies to use when making route destination and stop announcements; and

WHEREAS, the American Public Transit Association (APTA) has developed an industry standard for making route destination and stop announcements, which is consistent with the requirements of the ADA; and

WHEREAS, it is the responsibility of individual transit providers to establish policies and practices which meet or exceed the minimum requirements of the ADA; and

WHEREAS, each transit agency has implemented route destination and stop announcements based on its own interpretation of what the ADA requires and its own operating environment; and

WHEREAS, this approach has resulted in a wide variance among transit agencies as to the policies and procedures for the implementation of route destination and stop announcements, e.g.: the methods for making route destination and stop announcements, the circumstances under which route destinations and stops are announced, the appropriate interval between the announcement of a stop and the stop itself, etc.; and

WHEREAS, this lack of consistency results in a lack of predictability for passengers who depend on route destination and stop announcements to become oriented to their locations and to successfully and independently navigate these systems; and

WHEREAS, the transit industry is beginning to recognize the value of including persons with disabilities in the development of policies and practices that can bring about uniform route destination and stop announcements on a national level and within some local communities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 14th day of July, 2010, that this organization urges all public and private entities that operate fixed route bus and/or passenger rail systems for public use to:

- Establish clear, written policies for implementing the ADA requirements for making route destination and stop announcements.

- When establishing such policies, include input from local stakeholders to include passengers who are blind or visually impaired and other passengers with disabilities who will be affected by such policies.

- Incorporate all of the recommendations that have been developed by the transportation committee of the American Council of the Blind with respect to the policies that should govern the calling of bus stop, announcements; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to the following interested parties:

- President, American Public Transit Association

- Executive Director, Community Transportation Association of America

- Administrator, Federal Transit Administration

- Director, FTA Office of Civil Rights

- Presidents of each ACB state, local, and special-interest affiliate; and

BE IT FURTHER RESOLVED that this organization direct the ACB Transportation Committee to develop a short brochure to assist its affiliates, to advocate for implementation of effective route destination and stop announcement policies and procedures, and that this brochure be made available to the membership via the ACB web site and by such other means as deemed appropriate by the officers, directors, and staff not later than December 31, 2010.

Adopted.

Marlaina Lieberg, Secretary

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Increasing Funding Support for Public Transit Systems

Resolution 2010-05

 

This organization strongly urge Congress in its transportation reauthorization bill, to significantly increase funding for public transit operations, with requirements to ensure that state and local governments do not use such federal funding to replace existing state and local transit operations dollars.

WHEREAS, for a variety of reasons including disability and economic status, many persons have no other option but to rely upon public transit systems; and,

WHEREAS, studies have demonstrated that every dollar government entities invest in public transit generates a $3 return to communities that are served by such systems; and,

WHEREAS, demographically, our population is growing older, with the most dramatic increase occurring among persons who are 85 years and older, the age group in which the incidence of vision loss is most prevalent; and

WHEREAS, surveys consistently show that it is the desire of seniors to "age in place"; and

WHEREAS, recent reductions in funding for public transit operations have dramatically increased the already woeful lack of public transit availability, especially in rural areas;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July that this organization strongly urge Congress, in its transportation reauthorization bill, to significantly increase funding for public transit operations, with requirements to ensure that state and local governments do not use such federal funding to replace existing state and local transit operations dollars.

Adopted.

Marlaina Lieberg, Secretary

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Museums

Resolution 2010-07

 

1. This organization urges National Endowment for the Arts and Very Special Arts to fund and disseminate research concerning informational and aesthetic access to museums for blind and visually impaired patrons.

2. This organization joins with its special-interest affiliate Friends-in-Art in offering focused guidance and consultation to entities engaging in elements of research concerning informational and aesthetic access to museums.

3. ACB directs its officers, directors, and staff to work with the Advocacy Committee of Friends-in-Art toward implementation of this resolution.

4. This organization encourages its state and local affiliates to aid in the implementation of this resolution through working with local museums in their areas, and through dissemination of consultation and information to such museums.

WHEREAS, many museums throughout the United States regard disability access to mean only physical access to built features; and

WHEREAS, the 2008 negotiated settlement between the United States Department of Justice, and the Spy Museum of Washington, D.C., which resulted from a complaint filed by some members of the American Council of the Blind (ACBT), helped to establish a precedent codifying that “program access," as applied to museums, includes information access, and access to aesthetic experiences; and

WHEREAS, it is imperative that ACB and its affiliates, capitalize on the positive aspects of the Department of Justice v. Spy Museum complaint settlement; and

WHEREAS, although Governmental entities such as National Endowment for the Arts, and private entities such as Very Special Arts, have made some progress, in arts access for people with disabilities, these entities have not made significant in-roads concerning full access to information and aesthetic experiences for blind and visually impaired museum patrons; and

WHEREAS, the ACB special-interest affiliate Friends-in-Art has long been involved in advocating and consulting with regard to museum access for patrons who are blind and visually impaired;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel, in Phoenix, Ariz., on the 16th day of July, 2010 that this organization urge the National Endowment for the Arts and Very Special Arts to fund and disseminate research concerning informational and aesthetic access to museums for blind and visually impaired patrons; and

BE IT FURTHER RESOLVED that this organization joins with its special interest affiliate, Friends-in-Art, in offering focused guidance and consultation to entities engaging in elements of research concerning informational and aesthetic access to museums; and

BE IT FURTHER RESOLVED that ACB directs its officers, directors and staff to work with the Advocacy Committee of Friends-in-Art toward implementation of this resolution;

BE IT FURTHER RESOLVED that this organization encourages its state and local affiliates to aid in the implementation of this resolution through working with local museums in their areas, and through dissemination of consultation and information to such museums.

Adopted.

Marlaina Lieberg, Secretary

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ADA Anniversary

Resolution 2010-08

 

1. This organization joins with its colleagues and friends throughout the diverse community of people with disabilities in commemorating the 20th anniversary of the enactment of the Americans with Disabilities Act.

2. This organization encourages its state and local affiliates and all ACB members to participate in ADA 20th anniversary festivities.

3. This organization continue to press all relevant federal ADA enforcement agencies to address the current disparity in civil rights protections experienced by people with vision loss.

4. This organization recommit itself to supporting its members and affiliates, as appropriate and as resources allow, in the filing of ADA-related federal complaints, structured negotiation activities, and advocacy through mediation and litigation, to take maximum advantage of the means currently available to make the ADA as relevant as it should be for people who are blind or visually impaired.

WHEREAS, the Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush on July 26, 1990, and will therefore reach its milestone twentieth anniversary this year; and

WHEREAS, the American Council of the Blind (ACB) in partnership with other major national organizations of and for the blind was instrumental in the negotiation and ultimate enactment of the ADA; and

WHEREAS, ACB remains committed to the aggressive enforcement of the ADA through strategic advocacy; and

WHEREAS, in several key areas, the ADA, through such advocacy, has yielded significant civil rights protections for people who are blind or visually impaired, including but not limited to, talking automated teller machines (ATMs), appropriate detectible warnings and other pedestrian safety features, broader availability of paratransit services, and civic participation through jury service and similar involvement in public life; and

WHEREAS, in spite of this advocacy, profound civil rights inequities remain either completely unresolved or under-addressed; and

WHEREAS, on occasion, the reluctance, if not the open rejection, of the ADA’s applicability to the unique civil rights challenges confronted by people with vision loss by organizations outside the vision loss community and federal agencies charged with ADA enforcement has impeded and impaired the ADA’s relevance to the vision loss community; and

WHEREAS, issues such as accessibility of goods and services offered via the Internet, audio description in theaters, meaningful access to public accommodations such as sports stadia, and access to an ever widening array of free-standing and fixed electronic equipment requiring consumer interaction at hotels, airports, government facilities, and the like, demonstrate the degree to which the promise of the ADA has yet to be realized for people who are blind or visually impaired; and

WHEREAS, notwithstanding the unrealized promise of the ADA, recent developments this year in the contexts of web access and audio description in movie theaters demonstrate that, with the active and cooperative recognition by federal ADA enforcement agencies of the unique civil rights challenges confronting people with vision loss, the ADA can evolve into what it should be, the emancipation proclamation for all people with disabilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization join with our colleagues and friends throughout the diverse community of people with disabilities in commemorating the twentieth anniversary of the enactment of the Americans with Disabilities Act; and

BE IT FURTHER RESOLVED that this organization encourage its state and local affiliates and all ACB members to participate in ADA 20th anniversary festivities; and

BE IT FURTHER RESOLVED that this organization continue to press all relevant federal ADA enforcement agencies to redress the current disparity in civil rights protections experienced by people with vision loss; and

BE IT FURTHER RESOLVED that this organization recommit itself to supporting its members and affiliates, as appropriate and as resources allow, in the filing of ADA-related federal complaints, structured negotiation activities, and advocacy through mediation and litigation, to take maximum advantage of the means currently available to make the ADA as relevant as it should be for people who are blind or visually impaired.

Adopted.

Marlaina Lieberg, Secretary

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IRS

Resolution 2010-10

 

1. This organization commends the IRS for the training and hiring of persons who are blind or who have low vision.

2. This organization requests the Commissioner of the Internal Revenue Service to establish a stakeholder work group that would include representatives of consumer organizations, including the American Council of the Blind and other relevant parties, to examine methodologies used in the training program for prospective IRS employees who are blind or who have low vision.

WHEREAS, recent statistics indicate that persons with disabilities, including those with visual impairments, are underrepresented in the federal workforce; and

WHEREAS, for many years, the Internal Revenue Service (IRS) has been a model in the training and hiring of persons who are blind or have low vision; and

WHEREAS, this program has led to the employment of scores of persons with visual impairments; and

WHEREAS, although some individuals were trained successfully for their IRS positions in the local offices, many continue to receive training through the IRS program at Lions World Services for the Blind in Little Rock, Arkansas; and

WHEREAS, training at Lions World can take six months or longer, thus forcing trainees to leave their homes and families for extended periods of time; and

WHEREAS, given the importance of this training program, it is imperative that a stakeholder group be established to analyze the existing methodologies used by the IRS to determine what changes to recommend;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization commend the IRS for the training and hiring of persons who are blind or who have low vision; and

BE IT FURTHER RESOLVED that this organization request the Commissioner of the Internal Revenue Service to establish a stakeholder work group that would include representatives of consumer organizations, including the American Council of the Blind and other relevant parties, to examine methodologies used in the training program for prospective IRS employees who are blind or who have low vision.

Adopted.

Marlaina Lieberg, Secretary

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Entertainment Industry Discrimination

Resolution 2010-11

 

1. This organization urges the entertainment industry to take immediate steps to achieve the following:

- increased and accurate representation of characters that are blind or visually impaired;

- more employment opportunities for professionals who are blind or visually impaired;

- an absolute prohibition on the portrayal of blind or visually impaired characters by sighted actors.

-equal opportunities for actors who are blind or visually impaired to both audition for and portray characters not written as blind or visually impaired;

2. This organization urges its state and local affiliates to advocate in a manner consistent with this resolution.

WHEREAS, historically, the entertainment industry has been centered in California and New York; and

WHEREAS, in recent years, many states and municipalities have actively and successfully wooed motion picture and television productions away from California and New York, making this industry important in locales throughout the nation; and

WHEREAS, pervasive discrimination against people who are blind or visually impaired exists throughout the entertainment industry both in the lack of employment of individuals with visual impairments and the use of inaccurate and often demeaning stereotypes in the portrayal of characters who are blind or visually impaired; and

WHEREAS, through its "I AM PWD"'s campaign, of which the California Council of the Blind is a member, The Tri-Union National Committee of Performers with disabilities has produced renewed commitments by all three talent guilds, to improve employment opportunities for people with disabilities; and

WHEREAS, a recent meeting between the officials of the U.S. Department of Labor and entertainment industry leaders resulted in a collaborative effort to potentially increase employment of persons with disabilities in the entertainment industry; and

WHEREAS, although these first steps are encouraging, the prevailing viewpoint throughout the entertainment industry is to generally ignore these issues;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization urge the entertainment industry to take immediate steps to achieve the following:

1. increased and accurate representation of characters that are blind or visually impaired;

2. more employment opportunities for professionals who are blind or visually impaired;

3. an absolute prohibition on the portrayal of blind or visually impaired characters by sighted actors;

4. equal opportunities for actors who are blind or visually impaired to both audition for and portray characters not written as blind or visually impaired; and

BE IT FURTHER RESOLVED that this organization urge its state and local affiliates to advocate in a manner consistent with this resolution.

Adopted.

Marlaina Lieberg, Secretary

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Accessibility to Google’s Products

Resolution 2010-12

 

This resolution calls upon Google to integrate accessibility into the design phase of its product development. It further calls upon Google to create detailed plans for accessibility for each new product as well as create plans for achieving access for its existing set of products. The resolution further directs ACB’s directors, officers, and staff to take steps to achieve these results while making the services of the Information Access Committee available for these purposes.

WHEREAS, people who are blind or visually impaired have a right to equal access to hardware, software, and other products and services provided by entities who conduct business on the Internet; and

WHEREAS, Google is a company that conducts a large and increasingly diverse variety of research and development activities that include the development and maintenance of a plethora of online software and services; and

WHEREAS, products developed by Google are used in many settings that people who are blind or visually impaired encounter in their daily lives including (but not limited to) employment, shopping, education, healthcare, business, and mobile computing; and

WHEREAS, no initial product releases from Google are designed with accessibility to people who are blind or visually impaired, relegating product accessibility to months or years after the launch; and

WHEREAS, for people who are blind or visually impaired, this model of delivering accessibility has a severe impact on their opportunities to obtain and maintain gainful employment, achieve success in education, and obtain entertainment content;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization call upon Google to take immediate steps to integrate design for accessibility within the design phase of each product's development and implement accessibility from the beginning of each product cycle; and

BE IT FURTHER RESOLVED that this organization call upon Google to immediately develop, publicize, and implement the strategy that would make existing products accessible; and

BE IT FURTHER RESOLVED that the officers, directors, and staff of this organization take all appropriate steps to work with Google's management to implement the outcomes of this resolution; and

BE IT FURTHER RESOLVED that this organization make available to Google the assistance of the ACB Information Access Committee.

Adopted.

Marlaina Lieberg, Secretary

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Exit Testing

Resolution 2010-13

 

1. This organization categorically supports the notion that people who are blind and not otherwise disabled must receive testing accommodations that meet their needs rather than being exempted from the need to pass state exit tests.

2. This organization categorically believes that reading through listening constitutes reading and urges courts and jurisdictions to find ways to allow students who, through no fault of their own, cannot read braille or large print to take tests that will allow them to qualify for their high school diplomas as their classmates can.

3. Copies of this resolution be sent to the board of the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER), the board of directors of NASDE, and the board of directors of NAPVI (the National Association for Parents of Children with Visual Impairments).

WHEREAS, in many states a variety of rules are being adopted that allow blind or visually impaired students to graduate from high school even though they have not passed state exit tests; and

WHEREAS, this accommodation is provided because it is argued that it is inappropriate to judge state exit tests taken by blind people or people with low vision because there is no assurance that the accommodations provided when testing are sufficient; and

WHEREAS, some students who cannot read braille or large print are not permitted to take the reading portion of the state exit test because it is argued that listening does not constitute reading; and

WHEREAS, these anomalies can sometimes significantly affect the range of options that are available to students who are blind or who have low vision upon completion of high school;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization categorically support the notion that people who are blind and not otherwise disabled must receive testing accommodations that meet their needs rather than being exempted from the need to pass state exit tests; and

BE IT FURTHER RESOLVED that this organization categorically believe that reading through listening constitutes reading and urges courts and jurisdictions to find ways to allow students who, through no fault of their own, cannot read braille or large print to take tests that will allow them to qualify for their high school diplomas as their classmates can; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to the board of the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER), the board of directors of NASDE, to the board of directors of NAPVI (the National Association for Parents of Children with Visual Impairments), and to the directors of the Department of Education in each state.

Adopted.

Marlaina Lieberg, Secretary

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QVC

Resolution 2010-15

 

1. The Information Access Committee of the American Council of the Blind is hereby instructed to communicate our concern in writing and attempt to develop and implement a system that will assure that all hosts announce both price and item numbers which will allow people who are blind or visually impaired to shop as effectively as can individuals who are not disabled.

2. In this communication the Information Access Committee make itself available as a resource to QVC particularly with regard to website access using the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 for accessibility to make the web experience of people with visual disabilities equal to that of all shoppers.

3. This organization requests the Information Access Committee to provide updates to the officers, directors, and staff of this organization so that, should QVC prove unresponsive to our requests for changes, other courses of action can be considered.

WHEREAS, shopping through television shopping networks such as QVC constitutes a viable means of acquiring merchandise for millions of Americans; and

WHEREAS, television shopping networks such as QVC represent a particularly effective option for people who are blind or visually impaired because the merchandise can be delivered at home and, in theory, detailed descriptions also allow people who are blind or visually impaired to know more about the products that they are purchasing; and

WHEREAS, people who are blind or visually impaired are often unable to order products because show hosts on QVC do not provide either item numbers or prices out loud during broadcast programs; and

WHEREAS, there are also significant problems associated with acquiring necessary information from the QVC web site;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that the Information Access Committee of the American Council of the Blind is hereby instructed to communicate our concern in writing and attempt to develop and implement a system that will assure that all hosts will announce both price and item numbers which will allow people who are blind or visually impaired to shop as effectively as can individuals who are not disabled.

BE IT FURTHER RESOLVED that in this communication, the Information Access Committee make itself available as a resource to QVC particularly with regard to website access using the World Wide Web consortium's Web Content Accessibility Guidelines 2.0 for accessibility to make the web experience of people with visual disabilities equal to that of all shoppers; and

BE IT FURTHER RESOLVED that this organization requests the Information Access Committee to provide updates to the officers, directors and staff of this organization so that, should QVC prove unresponsive to our requests for changes, other courses of action can be considered.

Adopted.

Marlaina Lieberg, Secretary

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Charter Schools

Resolution 2010-16

 

1. This organization strongly urges the Department of Education to undertake a study that will gather data on the numbers of students who are blind or visually impaired who are being served in private and charter schools which would also explore the range of services that are being offered in such schools.

2. The Department of Education is also encouraged to compare the range of blindness-related services offered by such schools with those available through the public school systems throughout the country.

3. Their findings be issued in a report that will enable parents, organizations of and for the blind and the educational community to measure effectively the differences among these three educational options.

4. The report should focus on educational outcomes for students who are blind or visually impaired in each of these three settings.

WHEREAS, over the past decade, the number of charter schools in the United States has increased and the number of students who are blind or who have low vision who are enrolled in such schools have also increased; and

WHEREAS, an increasing number of children who are blind or have low vision are also attending parochial schools or other educational institutions which are private; and

WHEREAS, there is a paucity of statistical information concerning how well students who are blind or have low vision are being served in charter and private schools; and

WHEREAS, there is abundant anecdotal evidence that children in such schools do not receive the range and quality of services that are currently offered in public schools and which are essential for successful educational outcomes; and

WHEREAS, it is desirable to have definitive information on how students with visual impairments are being served in charter and parochial schools;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization strongly urges the Department of Education to undertake a study that will gather data on the numbers of students who are blind or visually impaired who are being served in private and charter schools which would also explore the range of services that are being offered in such schools; and

BE IT FURTHER RESOLVED that the Department of Education is also encouraged to compare the range of blindness-related services offered by such schools with those available through the public school systems throughout the country; and

BE IT FURTHER RESOLVED that their findings be issued in a report that will enable parents, organizations of and for the blind and the educational community to measure effectively the differences among these three educational options; and

BE IT FURTHER RESOLVED that the report should focus on educational outcomes for students who are blind or visually impaired in each of these three settings.

Adopted.

Marlaina Lieberg, Secretary

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iTunes

Resolution 2010-17

 

This organization commends iTunes, the marketer of this movie, Pixar, the movie’s production company, and the Media Access Group at WGBH who produced the Audio Description of this movie for their efforts to make this production available for downloading.

WHEREAS, the American Council of the Blind has long advocated for any and all approaches that lead to the wider availability of movies with video description; and

WHEREAS, the movie "Up" recently became available on iTunes with the specific advertised inclusion of an audio description track;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, in that this organization commend the Apple Corporation, the marketer of this movie, Pixar, the movie's production company, and the Media Access Group at WGBH who produced the audio description of this movie for their effort to make this production available for downloading.

Adopted.

Marlaina Lieberg, Secretary

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Braille Manuals

Resolution 2010-18

 

1. That this organization joins with our affiliate, the Braille Revival League to strongly urge manufacturers of hardware and software designed specifically to be used by people who are blind to make a commitment to provide training materials in hard copy Braille rather than assuming that electronic materials are sufficient.

2. Copies of this resolution be sent to all blindness-specific hardware and software producers who exhibit at the American Council of the Blind and to all the officers of the Assistive Technology Industry Association (ATIA).

WHEREAS, there is an expectation by all of those people who buy hardware or software that they will be able to access instruction manuals in a format that makes it easy for them to effectively acquire the information that is contained in such documentation; and

WHEREAS, many readers of braille find it more effective to read manuals if they are available in hard copy braille;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization joins with its affiliate, the Braille Revival League, to strongly urge manufacturers of hardware and software designed specifically to be used by people who are blind to make a commitment to provide training materials in hard copy braille upon request, rather than assuming that electronic materials are sufficient; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to all blindness-specific hardware and software producers who exhibit at the American Council of the Blind and to all the officers of the Assistive Technology Industry Association (ATIA).

Adopted.

Marlaina Lieberg, Secretary

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Accessibility and the Microsoft Corporation

Resolution 2010-19 

 

1. This organization absolutely espouses the notion that people who are blind or have low vision have a right to expect and receive the same consideration as do others as to the immediate usability of software that is being developed for use by everyone.

2. This organization hereby calls upon Microsoft to make accessibility built into the product itself for people who are blind or visually impaired a guiding design principle of their operation.

3. This organization shall accomplish this by making accessibility an inherent component of the design of any and all products that Microsoft is developing.

4. The Information Access Committee of the American Council of the Blind is hereby instructed to enter into discussions with the Microsoft Corporation so as to make clear the specifics of what this resolution expects.

WHEREAS, the Microsoft Corporation is responsible for producing a wide range of operating systems for use on servers, desktop and laptop computers, and entertainment and mobile devices; and

WHEREAS, the American Council of the Blind has worked closely with the Microsoft Corporation over many years to try to build a collaborative relationship so that the needs of people who are blind and visually impaired are clearly understood and are incorporated into software that is being released by that corporation; and

WHEREAS, time and time again, the Microsoft Corporation has released products that are designed in such a way that it is necessary for third-party software such as screen readers and screen magnifiers to create accessibility to their software; and

WHEREAS, these requirements create a delay in making software usable by people who are blind or visually impaired which can sometimes be quite lengthy and can add significant cost to consumers; and

WHEREAS, the Apple Corporation, beginning with the release of version 10.4 of its operating system known as Tiger, provided accessibility to the whole operating system through the inclusion of a screen reader and a magnification system with all copies of the operating system;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization absolutely espouse the notion that people who are blind or have low vision have a right to expect and receive the same consideration as do others as to the immediate usability of software that is being developed for use by everyone; and

BE IT FURTHER RESOLVED that this organization hereby call upon Microsoft to make accessibility built into the product itself for people who are blind or visually impaired a guiding design principle of their operation; and

BE IT FURTHER RESOLVED that, to accomplish this end, accessibility be made an inherent component of the design of any and all products that Microsoft is developing; and

BE IT FURTHER RESOLVED that the Information Access Committee of the American Council of the Blind is hereby instructed to enter into discussions with the Microsoft Corporation so as to make clear the specifics of what this resolution expects.

Adopted.

Marlaina Lieberg, Secretary

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Sprint

Resolution 2010-20

 

1. This organization regards the repeated failure of Sprint to meet even minimal accessibility benchmarks as unconscionable and unacceptable.

2. This organization directs its officers, directors, and staff to communicate our extreme displeasure to Sprint.

3. This organization demands that Sprint take immediate steps to remedy this situation by working with the American Council of the Blind and its Information Access Committee to develop plans that will lead to the availability of an accessible phone option for the many Sprint users who have remained loyal based on the promise made to them repeatedly that Sprint phones would be accessible.

WHEREAS, Sprint, more than any major wireless provider, has failed to adequately address accessibility of mobile phones for persons who are blind or visually impaired; and

WHEREAS, the unacceptable result of this failure is that there is not one single phone available through Sprint which is fully accessible out of the box;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization regards the repeated failure of Sprint to meet even minimal accessibility benchmarks as unconscionable and unacceptable; and

BE IT FURTHER RESOLVED that this organization direct its officers, directors and staff to communicate our extreme displeasure to Sprint; and

BE IT FURTHER RESOLVED that this organization demand that Sprint take immediate steps to remedy this situation by working with the American Council of the Blind and its Information Access Committee to develop plans that will lead to the availability of an accessible phone option for the many sprint users who have remained loyal based on the promise made to them repeatedly that Sprint phones would be accessible.

Adopted.

Marlaina Lieberg, Secretary

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Accessibility to Facebook

Resolution 2010-21

 

This resolution calls upon Facebook to make its website and application for the iPhone fully accessible by promptly applying the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 and Apple's Human Interface Design Guidelines. It further makes the services of ACB's Information Access Committee available to Facebook.

WHEREAS, people who are blind or visually impaired have a right to equal access to services provided by entities who conduct business on the Internet; and

WHEREAS, social networking has become an increasingly important manner of interaction on the internet through which many kinds of services are provided; and

WHEREAS, Facebook, with its 500 million active users, represents one of the largest online social networks which provides services that include (but are not limited to) games through which monetary transactions are conducted while purchasing and acquiring virtual items, experiences that allow users to interact with various online advertising campaigns, and experiences that allow users to interact with friends, family, acquaintances, employers, employees, businesses, and organizations by using variety of methods; and

WHEREAS, repeated testing of Facebook's web site and the iPhone application has shown that they do not meet with recognized accessibility standards; and

WHEREAS, Facebook's management has ignored multiple requests from individuals to make its website and the iPhone application accessible;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind, in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization calls on Facebook to take prompt steps to conform to the Web Content Accessibility Guidelines 2.0 developed by the World Wide Web Consortium in order to make its website accessible; and

BE IT FURTHER RESOLVED that this organization calls on Facebook to take immediate steps to make its iPhone application accessible by conforming with Apple's Human Interface Design guidelines related to accessibility; and

BE IT FURTHER RESOLVED that Facebook take all necessary and appropriate steps to ensure that any and all future developments on other platforms, operating systems, and devices conform with appropriate accessibility guidelines such as Section 508; and

BE IT FURTHER RESOLVED that the officers, directors, and staff of this organization take steps to work with Facebook's management to bring about this result; and

BE IT FURTHER RESOLVED that this organization make available to Facebook the assistance of the ACB Information Access Committee.

Adopted.

Marlaina Lieberg, Secretary

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Blind With Other Disabilities

Resolution 2010-22

 

1. This organization urges NIDRR, the Access Board, and university programs that do research either in blindness-related areas or that focus on the needs of people with developmental disabilities to adequately fund and undertake research necessary for the development of accessibility guidelines for the removal of all barriers within and without the built environment which inhibit effective wayfinding and interfere with the full participation within the mainstream of American society of persons who are deaf-blind, persons who are blind and visually impaired and who also have developmental disabilities, and other multiply disabled blind individuals.

2. The officers, directors, and staff of this organization are hereby instructed to contact NIDRR, the Access Board, and/or universities offering programs relevant to persons who are multiply disabled and blind to urge these agencies to give priority to researching and developing such accessibility guidelines.

WHEREAS, the American Council of the Blind (ACB) has long been a strong advocate for the civil and human rights of the entire blind and visually impaired population, including those who are multiply disabled as well as blind; and

WHEREAS, the ACB and its members played a leading role in the coalition of persons with disabilities which successfully sought enactment of the Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendments Act of 2008; and

WHEREAS, the Americans with Disabilities Act declared that "the nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals"; and

WHEREAS The Developmental Disabilities Assistance and Bill of Rights Act of 2000 correctly asserts that "disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society"; and

WHEREAS, The Developmental Disabilities Assistance and Bill of Rights Act of 2000 most certainly includes coverage for people who are both developmentally disabled and blind; and

WHEREAS, continuing advancement of medicine and medical technology has enabled the survival of tinier, premature infants who often have cognitive as well as visual impairments; and

WHEREAS, people who are deaf-blind, developmentally disabled blind, or multiply disabled blind continue to face barriers to community integration and full participation within and without the built environment; and

WHEREAS, the United States Architectural and Transportation Barriers Compliance Board (The Access Board) is an independent federal agency devoted to regulating accessibility for people with disabilities; and

WHEREAS, the Access Board is charged with the responsibility to develop accessibility guidelines under the Americans with Disabilities Act, among other federal disability laws; and

WHEREAS, in 2009, the Access Board adopted as its new vision the goal of achieving a fully accessible America for all; and

WHEREAS, the National Institute on Disability and Rehabilitation Research (NIDRR) is a federal research agency with the mission to generate new knowledge and promote its effective use to improve the abilities of people with disabilities to perform activities of their choice in the community, and also to expand society's capacity to provide full opportunities and accommodations for its citizens with disabilities; and

WHEREAS, many university programs in the United States that are training teachers of the visually impaired, orientation and mobility specialists, vision rehabilitation therapists, and/or deaf-blind specialists, are doing research to identify strategies to improve and develop knowledge and to enhance the abilities of people with disabilities to perform activities of their choice in the community, and also to expand society's capacity to provide full opportunities and accommodations for its citizens with disabilities;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz. on the 16th day of July, 2010, that this organization urge NIDRR, the Access Board, and university programs to adequately fund and undertake research necessary for the development of accessibility guidelines for the removal of all barriers within and without the built environment which inhibit effective wayfinding and interfere with the full participation within the mainstream of American society of persons who are deaf-blind, persons who are blind and visually impaired and who also have developmental disabilities, and other multiply disabled blind individuals; and

BE IT FURTHER RESOLVED that the officers, directors and staff of this organization are hereby instructed to contact NIDRR, the Access Board, and/or universities offering programs relevant to persons who are multiply disabled and blind to urge these agencies to give priority to researching and developing such accessibility guidelines.

Adopted.

Marlaina Lieberg, Secretary

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Commending Volunteers

Resolution 2010-23

 

WHEREAS, volunteers, under the most able stewardship of volunteer coordinator Sally Benjamin, have provided superb services in all ways to attendees of the 2010 American Council of the Blind (ACB) convention;

NOW, THEREFORE, BE IT RESOLVED by the American Council of the Blind in convention assembled at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization warmly and most sincerely express its appreciation to all volunteers who worked to assist the attendees of the 2010 ACB convention; and

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

Adopted.

Marlaina Lieberg, Secretary

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Commendation of Arizona Council of the Blind

Resolution 2010-24

 

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 Arizona Council of the Blind have met every challenge in hosting the 2010 ACB national convention in, Phoenix, Arizona 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 at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization wholeheartedly thank and commend the host committee for its fine work.

Adopted.

Marlaina Lieberg, Secretary

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Commendation of the Hotel

Resolution 2010-25

 

WHEREAS, the Downtown Sheraton Hotel in Phoenix, Arizona, has provided essential services and important accommodations to the members of the American Council of the Blind (ACB) attending its 2010 convention; and

WHEREAS, the staff of the Downtown Sheraton 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 at the Downtown Sheraton Hotel in Phoenix, Ariz., on the 16th day of July, 2010, that this organization express its thanks and appreciation for the services and accommodations provided to its members and its staff.

Adopted.

Marlaina Lieberg, Secretary