Accessibility in the News—10/12/18.

Physical and website access issues continue to plague government and private businesses. In the public sector, polling place accessibility for people with disabilities crops up more frequently as midterm election dates draw near. Government website accessibility lawsuits are also breaking out of their regional norms, and this week, Minnesota had its first encounter with litigation related to online access.

While the private sector continues to grapple with how the Americans with Disabilities Act (ADA) applies to online environments, media giant NBC is being sued because its website doesn’t work with screen readers. Indeed, some see litigation as the primary way to enforce the ADA. This includes a blind woman who filed suit over lack of website access for a casino and a senior living center. WordPress, on which this Microassist site is built, is wrestling with its own approach to accessibility for its development tool, Gutenberg, and there’s some notable fallout.

On the other hand, creative design continues to prove that people with disabilities can be more easily included in any number of activities that people without disabilities enjoy. This week’s inclusive design stories spotlight modified off-roading vehicles that provide outdoor liberation to those with mobility challenges, tactile markers that differentiate between shampoo and conditioner, and a sensory space camp for the blind that offers astronaut, aviation, and robotics-themed training for kids curious about the cosmos. (If you enjoy this last story, check out our January 6, 2017 Accessibility in the News, where our weekly curation noted first-hand accounts from a blind amateur astronomer.

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National News (U.S.)

Likely New Member Ushers in Accessibility at Arizona House

October 6, 2018 | Source: U.S. News & World Report | Housing, Mobility, Accessible Design, Government

Prompted by the likelihood that it will be joined by a new member who uses a wheelchair, the Arizona House is changing its building to make it accessible. The list of improvements approved by Speaker J.D. Mesnard includes adding automatic security doors and a portable ramp that would make the speaker’s desk accessible, the Arizona Capitol Times reported this week. Jennifer Longdon, the presumptive Democratic member from Legislative District 24, uses a wheelchair. She was paralyzed in 2004 after a random, drive-by shooting…

First lawsuits over disabled access to website make their way to Minnesota

October 7, 2018 | Source: Twin Cities-Pioneer Press | Website Access/Digital Accessibility, Lawsuits/Litigation, Discrimination

Echoing a recent trend in other states, for the first time a lawsuit has been filed in Minnesota alleging that websites — in this case, belonging to a county and couple of cities — violate disability law. Much like lawsuits demanding such things as wheelchair ramps and handicap parking, the suits claim the defendants’ digital real estate is so inhospitable it denies access. Late last month, Noah J. McCourt, a disability advocate with autism from Waconia, sued Carver County as well as the cities of Norwood Young America and Chanhassen in federal court, claiming their websites violated both state and federal disability law…

Office for people with disabilities is too remote, task force says

October 7, 2018 | Source: Buffalo News | Workforce, Discrimination, Transit, Government

Two bus rides and then a shuttle – it can take hours for a person with a disability to make it from Buffalo to the regional site of the state’s Developmental Disabilities Services Office. It’s on the campus of a mostly idle state developmental center. VOICE-Buffalo, an organization that consolidates the power of church congregations, labor unions and other nonprofits, intends to agitate for a more central location when its “accessibility task force” holds a public meeting this month. The members will resolve to take their case to state officials and the gubernatorial candidates, hoping that will make a difference…

Winn-Dixie Urges Court to Reverse Landmark ADA Website Ruling

October 8, 2018 | Source: Daily Business Review & Fox Rothschild | ADA, Website Access/Digital Accessibility, Lawsuits/Litigation, Food Service

Winn-Dixie Stores Inc. on Oct. 4 asked the Miami-Dade Circuit Court to reverse a key 2017 ruling involving the rights of blind internet users, paving the way for a host of similar website accessibility lawsuits. The original case was brought by legally blind Miami resident Juan Carlos Gil, a Winn-Dixie rewards member and regular customer who claimed that the store’s website blocked his access to certain goods and services. Gil had tried to use Winn-Dixie’s site to refill prescriptions and access coupons, but found that its features weren’t compatible with the computer screen reading program he used…

Disability Rights group faults poll accessibility in Arkansas

October 8, 2018 | Source: Arkansas Times | Disability Rights, Awareness, Voting, Government

Disability Rights Arkansas released a report today that says half of Arkansas polling places present obstacles to accessibility to the disabled. The group, which surveyed most polls in the state, urged the secretary of state and state Board of Election Commissioners to take immediate steps to move polling place to accessible locations or make current polls accessible. It urged state monitoring to be sure the work has done. Said a release: “Twenty-eight years have passed since the Americans with Disabilities Act became law, and sixteen years since the Help America Vote Act became law.”…

Secretary of State Paul Pate visits Iowa City to talk voter ID, resources for voters with disabilities

October 8, 2018 | Source: The Gazette | Voting, Lawsuits/Litigation, Government

During a visit to Iowa City by Secretary of State Paul Pate, voters with disabilities shared concerns and asked questions about the state’s new voter ID law. Seen and Heard, an initiative by nonprofit Systems Unlimited in Iowa City, invited Pate to speak Monday about various resources available to help while they vote early or on Election Day. Democratic candidate for Secretary of State Deidre DeJear was also invited to speak to the group during a similar event last month…

Blind woman files suit over Empire Resorts website access

October 8, 2018 | Source: Times Herald-Record | Blindness/Visual Impairment, Lawsuits/Litigation, Discrimination, Entertainment

Two local businesses got swept up in a wave of lawsuits throughout the state filed by a blind woman who alleges their websites violate the Americans with Disabilities Act. Since June 1, Himelda Mendez has filed 41 lawsuits in U.S. District Court for the Southern District of New York, including one against Empire Resorts, Inc., which owns Resorts World Catskills and Monticello Casino & Raceway in Sullivan County. The case against Empire Resorts specifically singles out the racino’s website as not being accessible for the visually impaired…

Website Accessibility Landscape Continues to Lack Clarity as Businesses Await Guidance

October 9, 2018 | Source: Daily Business Review | ADA, Website Access/Digital Accessibility, Businesses

Article III of the Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in the full and equal enjoyment of public accommodation. When a website is considered a place of public accommodation, the website must be accessible to people with disabilities. This requirement is the source of extensive litigation throughout the United States, as plaintiffs regularly bring lawsuits against defendant companies based on the accessibility (or lack thereof) of their websites…

‘Unacceptable’: Lack Of Accessibility For Disabled Students Continues Despite Complaints, Investigations

October 9, 2018 | Source: The Nevada Sagebrush | Mobility, Education, Awareness

From blocked sidewalks and heavy doors to a lack of wheelchair ramps and construction sites all around campus, accessibility for people with disabilities is an ongoing conversation at the University of Nevada, Reno. In June, ProPublica developed a tool to make the status of civil rights investigations at both higher education institutions and school districts across the nation available for the public in one place. When this was released, it was revealed UNR had seven pending investigations as of June 2018…

WordPress Accessibility Team Lead Resigns, Cites Political Complications Related to Gutenberg

October 9, 2018 | Source: WordPress Tavern | Digital Accessibility, Government, Discrimination

WordPress Accessibility Team lead Rian Rietveld has resigned due to what she describes as political complications and problems with working on Gutenberg accessibility. “The last year, especially the last few weeks have been too politically complicated for me,” Rietveld said. “It’s better that someone else takes the lead now.” Her post outlines challenges the accessibility team has encountered in working with Gutenberg without having a skilled React developer on their team. Their contributions have primarily been limited to testing and reporting issues…

New York City to Help Small Theaters Be More Accessible

October 9, 2018 | Source: New York Times | Accessible Design, Inclusion, Entertainment

In an effort to make theater more accessible to deaf and blind people, New York City will give grants to Off Broadway and other small theaters to install software that allows patrons to follow along with low-light smartphones and tablets. The city’s commissioner of media and entertainment, Julie Menin, said the new program was part of an effort to make theater more widely available. “We think it will increase audiences at independent theaters throughout the city, and it’s incredibly important for people who are deaf or blind,” she said…

New York City’s Public Transit Is A Nightmare For People With Disabilities

October 9, 2018 | Source: Huffington Post | Transit/Transportation, Discrimination, Disability Rights

New Yorkers love grumbling about the Metropolitan Transportation Authority, the public benefit corporation responsible for public transit in the city, for notorious problems like overcrowding, fare hikes and long delays. But that’s just the tip of the iceberg. People with disabilities not only deal with those issues, but with other overlooked and often-ignored flaws that hinder their independence and daily well-being. “You really don’t realize how inaccessible the city is until you need it to be accessible for you,” Eman Rimawi, 32, a disability advocate who became a double amputee five years ago, told HuffPost…

Florida Court Dismisses Website Accessibility Case, Clarifying “Nexus” Requirement For Stating A Claim Under The ADA

October 10, 2018 | Source: Seyfarth Shaw & Price V. Everglades College, Inc. | ADA, Digital Accessibility, Law, Litigation, Education

Allegations that an inaccessible website prevents a blind plaintiff from “learning” about a brick-and-mortar location are insufficient to state an ADA claim, according to one recent federal court decision in Florida. In Price v. Everglades College, the plaintiff alleged that he called a private university to learn about the institution, but was directed instead to its website. While attempting to visit the website, he allegedly discovered that his screen reader software could not access information provided there, and Plaintiff thereafter filed suit under Title III of the ADA…

NBC Hit With Accessibility Suit Over Screen-Reading Software

October 10, 2018 | Source: Law360 (Paid Subscription) | Litigation, Digital Accessibility, Blindness/Visual Impairment, Media

NBC’s website can’t be read by screen-reading software used by the visually impaired, according to a discrimination suit in New York federal court that accused the company of keeping the blind…

Good Tech Design is Accessible, But There’s a Skills Gap

October 10, 2018 | Source: InformationWeek | Digital Accessibility, Inclusion, Awareness, Accessibility Training

Today’s businesses are more employee-friendly than they’ve been historically, but they could do a better job of making technology accessible to those with special needs. When most people think about user experience (UX) design, graphics, video, colors, sounds, words and performance come to mind, but not all users benefit equally from the same types of designs. According to the Federal Communications Commission, approximately 36 million Americans suffer from hearing loss and 25 million suffer from vision loss…

‘Return to Dirt’ brings accessibility to wilderness adventure

October 10, 2018 | Source: The Sopris Sun | Travel, Inclusion, Mobility

The world isn’t wheelchair accessible. You can either try to make it that way, or you can leave the wheelchair behind, says Tim Burr, founder of Glenwood Springs-based nonprofit, Return to Dirt. “I think everybody would choose to leave their wheelchair behind because it’s the epitome of your inaccessibility. When you’re out of it and you’re in something that doesn’t have the limitations of your wheelchair, you can go anywhere you want. Just point it and go. That’s huge,” explains Burr…

Why People With Disabilities Are Protesting Like Hell

October 11, 2018 | Source: Huffington Post & The Incline | Advocacy, Awareness, Mobility

In cities across America, people with disabilities face uneven access to buildings, transportation and leisure activities. Change isn’t coming fast enough, and activists worry that lawmakers are in the process of watering down the protections that do exist. In Pittsburgh, where accessibility is mediocre at best, local advocate Alisa Grishman can attest to the city’s problems. Grishman, who uses a wheelchair and a walker, pushes for improvements to the city’s sidewalks and local businesses — and she urges local politicians not to get complacent about the status quo…

AR meets accessibility: how Epson’s smart glasses found a home in the theater

October 11, 2018 | Source: TechRadar | Housing, Entertainment, Innovation

Smart glasses never quite lived up to their initial hype. When the likes of Epson Moverio and Google Glass were released a few years ago, the idea of an augmented reality overlay built into your glasses, projecting words, images and information on the environment around you captured our imaginations. But the ambitious technology had little to offer the average consumer, while the functional designs of AR-ready glasses are yet to be seen strutting down any catwalks…

7 practical ways to design accessible emails, so that everyone can read, reply, and act

October 11, 2018 | Source: Yahoo News | Accessible Design, Digital Accessibility, Awareness

Deliver email content in a way that everyone, including those subscribers with some form of visual, hearing, neurological, cognitive or learning disabilities can perceive, consume and engage with. Emails are being sent and received by people all day, every day, across the world. According to a survey by Radicati Group, there are around 2.9 billion active email users worldwide and these include people of all age groups and type, including your specially-abled subscribers…

Requirements for service & assistance animals

October 11, 2018 | Source: KJCT8 | Awareness, Businesses, Food Service

There seems to be a lot of confusion about which service animals are allowed in businesses. One group is trying to combat that, by traveling across the state informing business owners and those with disabilities of their rights. “Some people don’t like the idea of a dog being at a restaurant however some actually need that very badly and it’s the only way they can get around and go to restaurants,” said Mark Smith, Owner of Main Street Bagels. Knowing which pets are allowed and which ones are prohibited creates a gray area for restaurants…

A Small Tweak To Herbal Essences Shampoo Bottles Is A Big Win For Inclusive Design

October 11, 2018 | Source: Quartzy & The Drum & The Mighty | Inclusion, Blindness/Visual Impairment, Innovation

In time for today’s World Sight Day (Oct. 10) Procter & Gamble has introduced an update to its shampoo bottle labeling that is intended to benefit millions of people with vision impairments. It’s a slight change that may elude most consumers: Four vertical lines on the base of the Herbal Essences plastic shampoo bottles and a grid of eight circles in the same place on the brand’s hair conditioner bottles. Mistaking the two common hair care products is a small but persistent problem that adds to the daily frustrations of blind consumers—a segment that’s typically overlooked in the product design and development phase…

The Camp In Alabama Bringing Outer Space To The Blind

October 11, 2018 | Source: Wired | Blindness/Visual Impairment, Inclusion, Awareness

If You Want to be an astronaut, you must have 20/20 vision. That’s a huge barrier for blind children who dream of going to space, but it doesn’t mean they can’t get a small taste of what it’s like to go out into the cosmos. Each year, a group of fourth to 12th graders head to the Space Camp for Interested Visually Impaired Students in Huntsville, Alabama, to learn what it’s like to launch into orbit, float in zero gravity, and walk on the moon—even if they can’t actually see it…

Girl Scouts learning sign language to better communicate with new member

October 11, 2018 | Source: WILX10 | Deaf/Hearing Impaired, Awareness, Education

A local Girl Scout troop is working towards becoming bilingual, by learning American Sign Language. Troop 30788 in DeWitt thought of the idea after getting a new member, who is deaf. A few years ago, Janine and her daughter, JJ LaVoy, walked up to troop leader Betsy Souza at a Girl Scout booth at the DeWitt Community Showcase. They had no idea that joining the troop would promote inclusiveness in the entire DeWitt community. “They happened to wander by and asked if we would include JJ being a deaf member to our troop, and I said absolutely,” Souza said…

Deaf community faces language barriers when trying to buy a home

October 11, 2018 | Source: Meridian Press | Deaf/Hearing Impaired, Housing, Awareness

When Steve Snow was first buying a house in 2001, he sought out advice from friends, colleagues and family members. Even then, the process was still frustrating. “I knew that most of the (real estate) agents would not provide interpreters or provide any communication accommodations, and I knew that the house-buying process was a huge, life-changing event,” said Snow, who was born deaf, over email. “At first, it was frustrating trying to find an agent who has experience working with deaf folks.”…

Jack Fact — According to the Centers for Disease Control and Prevention, one in four U.S. adults, or 61 million total, have a disability that impacts their major activities. And among Americans age 65 and older, that number rises to two in five.

Hit The Road Jack — Exploring Accessible Touring In Kyoto

International News

Local Businesses Prepare For Upcoming Accessibility Regulation

October 6, 2018 | Source: Pembina Valley Online- Canada | Businesses, Government, Awareness

On November 1st regulation will come into effect called the Accessibility for Customer Service Standards (ACSS). The regulation is part of the Accessibility for Manitobans Act which passed in 2013. Under ACSS the private sector, non-profit organizations, and small municipalities with at least one employee are required to offer services in a way which is accessible to everyone. Morden and District Chamber of Commerce invited Disabilities Issues Office Executive Director Yutta Fricke, to share how this regulation will affect local businesses…

Health Ministry Discusses Delay Of Medical Facility Accessibility

October 4, 2018 | Source: Jerusalem Post- Israel | Medicine, Discrimination, Accessible Parking

People with disabilities constitute 20% of the Israeli population, meaning that 20% of the Israeli population does not currently have access to the vital medical system. The Knesset’s Labor, Welfare and Health Committee is planning to discuss their proposal to postpone until 2021 the deadline for making Israeli health facilities accessible for people with disabilities. This follows protests that were held on Wednesday morning in the Tel Aviv Government Complex by a group fighting for disabled rights. The protesters blocked parking access to the complex…

Inclusive Design: why designing for accessibility benefits everyone

October 5, 2018 | Source: Digital Arts Online- UK | Inclusion, Accessible Design, Awareness

Think about a time when you really needed to send a text message but your hands were busy. Maybe you were washing the dishes, which meant your hands were soapy and wet, making it difficult to use the touchscreen. Instances like these are common but they aren’t constant. You’re not perpetually washing dishes. Now, ask yourself, “What if my hands were always busy? What if I couldn’t use my hands at all?” Empathy should be at the heart of all User Experience design…

City of Montreal asks for citizens’ help in developing universal accessibility plan

October 5, 2018 | Source: CBC- Canada | Universal Design, Inclusion, Awareness

In a bid to make the city easier to navigate for people with disabilities, City of Montreal officials will be hosting a public consultation over the next two months to give citizens the chance to contribute. “We want to hear from you about our future action plan for universal accessibility, currently being developed by our municipal services,” says Coun. Rosannie Filato in a city-issued press release, Thursday. “Our priority is the full participation of all Montrealers in the life of our city,” added Filato, who serves as the executive committee member responsible for social and community development…

I applaud the push for accessibility – but I won’t be using ‘jazz hands’

October 5, 2018 | Source: The Guardian- UK | Inclusion, Education, Awareness

On Tuesday, Manchester University’s students’ union passed a motion encouraging students to swap audible clapping for British sign language (BSL) clapping (or “jazz hands”) to make its democratic events more accessible to disabled people. I didn’t balk at the decision, as many rightwing journalists and users of social media did, especially considering it’s not a new concept. However, I did have an issue with it being advertised as a decision made on the grounds of accessibility. For a blind person, inaudible clapping is anything but accessible…

Elderly Australians wanting home care are going to have to wait longer

October 7, 2018 | Source: The Sydney Morning Herald- Australia | Housing, Aging, Discrimination

The number of senior Australians waiting to access home care support increased by almost 40 per cent in the past year. Maximum wait times for those in the queue also increased. According to Department of Health figures, older Australians requiring the highest level of long-term support to live at home were waiting between nine and 12 months to access that, compared with a wait of between six to nine months in late 2017. Department of Health figures show as of June 30, more than 121,000 people were on the national waiting list for home care package services, up from 88,000 the year prior…

Home adaptations ‘cost-effective’ means for improving accessibility

October 8, 2018 | Source: LocalGov- UK | Aging, Housing, Advocacy

Only 7% of UK homes meet basic national accessibility requirements, an ageing charity warned as they urged councils to provide adaptations to older people’s homes. A new report from the Centre for Ageing Better identifies examples of good practice on adapting homes to make it easier for older people to carry out everyday activities such as cooking, bathing or using the toilet. Jointly published with Care & Repair England, Adapting for Ageing says the number of older people in need of help with everyday living will nearly double in the next 25 years…

Foot Overbridges: Accessibility remains a sticking point

October 8, 2018 | Source: The Independent- Bangladesh | Mobility, Aging, Discrimination

Patients, the physically-challenged, women, the elderly and children often fail to avail themselves of overbridges (or ‘footbridges’) to cross roads as the initial climb-up the flight of stairs — often to a height of two storeys –leaves them severely depleted in terms of energy, besides being time-consuming. While visiting different areas of capital Dhaka, sources came across a number of such people. All of them who braved the road sharedone common calculation: the risk associated with crossing the road at ground level, snaking one’s way around stationary vehicles or even scrambling at the sight of speeding ones…

Step and Stone: a Bristol-based bakery training people with learning disabilities

October 8, 2018 | Source: Disability Horizons- UK | Inclusion, Cognitive, Workforce

Jane Chong and Jane Kippax, both parents of children with Down’s syndrome, are among these social entrepreneurs already transforming access to employment. Together, they run the Bristol-based bakery Step and Stone, which provides employment and training opportunities for young people with learning disabilities. Their project was backed by UnLtd, an organisation that supports social entrepreneurs bring their ideas to life. Our writer, Emma Purcell, interviewed members of the Step and Stone team to find out about their achievements and their ambitions for the future, as well as the support UnLtd provides…

New Ways of Experiencing Art for the Sight-Impaired

October 8, 2018 | Source: Hyperallergic- UK | Art/Entertainment, Blindness/Visual Impairment, Innovation

In the late twentieth century, the field of art history expanded into that of “visual culture,” in order to take account of the social, political and economic conditions in which art objects are created. Though these issues are certainly worthy of attention and study, the term “visual culture” itself contains a problematic assumption: that art can only be experienced through sight. It is this assumption that a recent ten-day exhibition, Shared Vision, in London, organized by the social enterprise Project Light, attempted to challenge…

Now, smell a painting, listen to a movie, and party in a wheelchair

October 8, 2018 | Source: Times of India | Mobility, Inclusion, Entertainment

The Anubhav gallery at the National Museum has an unusual sign at its entrance: ‘Please touch all exhibits’. Rige Shiba, assistant curator at the museum, says tactile aids, storytelling sessions and tours are also organised in other exhibitions and galleries in the museum. The 22 exhibits in this tactile gallery are replicas — ranging from the famous Harappan dancing girl statue to metal shields, and even two miniature paintings with embossing. Visually impaired visitors are encouraged to touch the works, while a special audio guide evocatively describes them…

Dr. Ajith C. S. Perera re-agitates invocation of FR Petition

October 10, 2018 | Source: Daily FT- Sri Lanka | Disability Rights, Government, Advocacy

Idiriya Chief Executive Dr. Ajith C.S. Perera has re-ignited a Public Interest Fundamental Rights Petition of national importance, in the Supreme Court. Supported by an affidavit and testimonials from two eminent medical doctors, he has pleaded for the implementation of the law to ensure compliance with existing regulations on accessibility concerning buildings members of the public need to use in daily life, without further delay. The petition was taken up last Thursday by a bench comprising Vijith Malalgoda and Murdhu Fernando…

Sight-impaired people want to use technology but are excluded by cost and accessibility

October 11, 2018 | Source: Phys.Org- UK | Blindness/Visual Impairment, Technology, Discrimination

Since the advent of home broadband, smartphones and other internet enabled devices, there has seen a shift in how we communicate with each other. The internet has certainly made many aspects of life easier, but for those with a disability, digital exclusion is still a real problem. Currently there are about two million people living with sight loss in the UK. Although visually-impaired consumers are less likely than non-disabled consumers to have access to the internet and digital devices, the gap is narrowing…

Report finds diversity and inclusion in workplace can be improved

October 11, 2018 | Source: Mayo Advertiser- Ireland | Inclusion, Workplace, Awareness

Over half (55% ) of employees believe their leaders have a bias toward those who look, think and act like them, according to a survey of 850 men and women working across all levels of seniority in public and private sector organisations, by recruitment company Hays Ireland. Those surveyed were asked if there had been occasions when they felt their chances of career progression have been limited due to their gender, age, ethnicity, sexual orientation or physical disability…

Even Social Welfare office lacks facilities for specially-abled

October 11, 2018 | Source: Kashmir Reader- India | Discrimination, Mobility, Awareness

Muzafar Ahmad, 35, resident of Barzulla, who has an orthopaedic disability, had visited the Social Welfare Department in Old Secretariat Srinagar to enquire about a welfare scheme for the disabled but was let down by the lack of facilities at the complex for visitors like him. Muzaffar, who has difficulties walking and climbing stairs, said there are no facilities to aid their movement. Even if the department provides wheelchairs, there aren’t any ramps or a lift. “For just 1000 rupees they make us suffer, there is no facility for us, nor in this department nor in other places,” Muzafar said…

Editor’s note: This edition of Accessibility in the News was originally published following the initial activity in the Gil v. Winn-Dixie case. The case is back in the headlines following the decision of an appeal filed on behalf of Winn-Dixie. For the latest news around the case, and other news on legal activity around the Americans with Disabilities Act, visit our Accessibility in the News, Legal Edition archives.

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