National Association of the Deaf posted two ACTION ALERT blog entries about US Department of Justice proposed changes to the rules for two parts of the Americans with Disabilities Act (ADA).

P.S. ADA was signed into law in 1990, not 1986 as I signed on my vlog. My apologies.

NAD is advocating for STRONG ADA RULES for state and local governments and fighting for EQUAL COMMUNICATION ACCESS.

These Action Alert comes with summaries of the NAD comments to the US Department of Justice proposed changes, and these changes WILL affect your rights.

Please let Department of Justice know what YOU think.

Please send comments by Monday, August 18, 2008!

There are two parts: Title II and Title III that comes with NAD’s comments.

ADA TITLE II - STATE AND LOCAL GOVERNMENTS
ADA TITLE III - PUBLIC ACCOMMODATIONS

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ADA TITLE II - STATE AND LOCAL GOVERNMENTS

NAD Calls for Strong ADA Rules for Businesses

CLICK THIS LINK:Direct Link to DOJ website about Rules for Business

NAD’s comments for STRONG ADA Rules for Business

(Copy here below)

I support the comments of the National Association of the Deaf (NAD).

[Give examples, from your own experience, about the need for equal access to state and local government hospitals, law enforcement, emergency services, education, recreation, and other services, programs, and activities. Describe what needs to be done to ensure equal communication access.]

The NAD Says:

Stadiums
• Stadiums of all sizes, regardless of use, must caption all aural information, including emergency and safety information, unless doing so would be an undue burden
• Captions must be placed in the same lines of sight as the Jumbotrons or other video displays; handheld captioning devices should not be used
• Captions must be effective: same line of sight as the visual component; sufficient size and contrast to ensure readability; and be timely, accurate, complete, and efficient
• Captions benefit everyone

Qualified Interpreter
• An interpreter must be able to interpret both ways – “receptively and expressively” (ASL-to-English and English-to-ASL)
• Whenever possible, an interpreter must be certified
• List and describe different kinds of interpreters: sign language, oral, cued language, deaf-blind, certified deaf, and speech-to-speech interpreters
• Qualified interpreters can be provided “on site or through video remote interpreting (VRI) services”

Video Interpreting Services
• Don’t make up new names – call it “video remote interpreting” (VRI)
• Define as “qualified interpreter services delivered through the use of video conference technology”
• Explain that VRI is not the same as “video relay services” (VRS)
• Clarify that the rules about technical requirements for VRI are minimum requirements
• VRI service should be provided only when it is expected to and actually results in effective communication
• VRI services may not always be appropriate

Other Aids and Services
• Do not add “exchange of written notes” – not effective except for brief, uncomplicated, and inconsequential communication
• Add “support service providers (SSPs)” for people who are deaf-blind
• Change “computer-aided transcription services” to “computer aided real-time transcription services” (like CART)

Effective Communication
• Do not delete: “In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.”
• Add: “The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place.”

Companions
• Communicate effectively with companions who are deaf or hard of hearing (companions are family members, friends, or associates of another person)
• Clarify “companions” must include, for example, a deaf wife of deaf husband or hearing husband; a deaf parent of deaf child or hearing child
• Make absolutely clear that children are not to be used for interpreting or facilitating communication

Telecommunications
• Add: Public entities should provide TTYs and “other voice, text, and video-based telecommunications products and systems, such as videophones and captioned telephones” when they offer the opportunity to make outgoing calls on more than an incidental convenience basis
• Accept and treat relay calls the same as telephone calls
• Automated answering systems must work with TTYs and relay services, and should include early option to connect with live person
• Ensure that emergency call centers, including 9-1-1 services, provide direct access by TTYs and other text and video-based telecommunications products and systems, to the extent technically feasible and as required by the “next generation” of 9-1-1 services

Complaints
• Do not change the requirement for agencies to investigate each complaint for which they are responsible

Detention and Correctional Facilities
• Give deaf and hard of hearing inmates the choice between a integrated setting with inmates without disabilities, or a specially designed unit that may be at a different or more distant location
• All options should be fully accessible to deaf or hard of hearing inmates
• Assignment to administrative segregation based only on the basis of the disability label cannot be condoned

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ADA TITLE III - PUBLIC ACCOMMODATIONS

NAD Calls for Equal Access to Community Services

CLICK THIS LINK: Direct Link to DOJ website for Equal Access to Community Services

NAD’s comments for Equal Access to Community Services.

(Copy here below)

I support the comments of the National Association of the Deaf (NAD).

[Give examples, from your own experience, about the need for equal communication access with businesses, including hospitals, private schools, movie theaters, stadiums, doctors, lawyers, and other service providers. Describe what needs to be done to ensure equal access.]

The NAD Says:

Movies Theaters
• Movie theaters must make captioning available for all movies being shown at all times, unless doing so would be an undue burden
• No need to wait for digital movies; movie theaters can display captions today
• Today’s caption display systems can work with digital movies, too
• Digital movies will provide additional ways to display captions
• Captions must be effective: same line of sight as the movie; sufficient size and contrast to ensure readability; and be timely, accurate, complete, and efficient

Stadiums
• Stadiums of all sizes, regardless of use, must caption all aural information, including emergency and safety information, unless doing so would be an undue burden
• Captions must be placed in the same lines of sight as the Jumbotrons or other video displays; handheld captioning devices should not be used
• Captions must be effective: same line of sight as the visual component; sufficient size and contrast to ensure readability; and be timely, accurate, complete, and efficient
• Captions benefit everyone

Qualified Interpreter
• An interpreter must be able to interpret both ways – “receptively and expressively” (ASL-to-English and English-to-ASL)
• Whenever possible, an interpreter must be certified
• List and describe different kinds of interpreters: sign language, oral, cued language, deaf-blind, certified deaf, and speech-to-speech interpreters
• Qualified interpreters can be provided “on site or through video remote interpreting (VRI) services”

Video Interpreting Services
• Don’t make up new names – call it “video remote interpreting” (VRI)
• Define as “qualified interpreter services delivered through the use of video conference technology”
• Explain that VRI is not the same as “video relay services” (VRS)
• Clarify that the rules about technical requirements for VRI are minimum requirements
• VRI service should be provided only when it is expected to and actually results in effective communication
• VRI services may not always be appropriate

Other Aids and Services
• Do not add “exchange of written notes” – not effective except for brief, uncomplicated, and inconsequential communication
• Add “support service providers (SSPs)” for people who are deaf-blind
• Change “computer-aided transcription services” to “computer aided real-time transcription services” (like CART)

Effective Communication
• Delete: “A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate decision as to what measures to take rests with the public accommodation, provided that the method chosen results in effective communication.”
• Add: “A public accommodation shall give primary consideration to the requests of the individual with a disability.”

Companions
• Communicate effectively with companions who are deaf or hard of hearing (companions are family members, friends, or associates of another person)
• Clarify “companions” must include, for example, a deaf wife of deaf husband or hearing husband; a deaf parent of deaf child or hearing child
• Make absolutely clear that children are not to be used for interpreting or facilitating communication

Telecommunications
• Hotels, motels, hospitals, etc., should provide TTYs and “other voice, text, and video-based telecommunications products and systems, such as videophones and captioned telephones”
• Businesses must accept and treat relay calls the same as telephone calls
• Automated answering systems must work with TTYs and relay services, and should include early option to connect with live person

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Please take a few minutes of your time to go DOJ’s website and write down the comments along with NAD’s comments.

DOJ REALLY WANTS TO READ INDIVIDUAL COMMENTS!

It is for us, and the future generation of young deaf children.

Best,
Amy Cohen Efron