TIME OUT!!! We Need To Be Heard!
Now that I’ve gotten your attention away from the intense discussions about Deafhood….
This is the time we should all put aside our differences and unite, working on behalf of the rights of our Deaf Americans and children.
This past June 17, the Department of Justice announced they wanted to change some of the details of the Americans with Disabilities Act (ADA) before submitting it to Congress to become law. After 18 years, it’s about time the ADA was updated, but the DOJ gave the public a mere 60 days to weigh in on the proposed updates. The ADA we know had become significantly weaker due to Supreme Court decisions over the years, its bark worse than its bite. We need to be hyperviligant and ensure ADA becoming stronger than before
One of the proposed regulations includes the Video Remote Interpreting (VRI) Guidelines, decreed by the Department of Justice in July of 2006 as a part of the deal stemming from my lawsuit against Laurel Regional Hospital. The VRI in that hospital was mostly inoperable due to technological difficulties, lack of training among the personnel, and ignorance of the laws. Prior to that lawsuit, there was no universal standardization for VRI technology in the country. That decree was suggested as a national model two years ago but now is being proposed to be incorporated into ADA Title II and III, which would be a major victory for deaf Americans all over the country, if it’s implemented! When I found out about this several days ago about this VRI decree included in the ADA proposal, I was floored! This is the proof we as Deaf Americans can make a big difference!
I’m currently out of state. As I write this, I am painfully aware that the local hospitals here don’t even have VRI. This is scary, when one considers the severe shortage of interpreters facing Deaf people nationwide. How many hospitals don’t have VRI? Too many, unfortunately. I am not a fan of VRI. However, since some Deaf people do like VRI, they are entitled to make their choices. It comes in handy, especially if there is no interpreter available.
A fundamental right millions of Americans take for granted, ADA hasn’t been updated to reflect the changes made possible by modern technology. We need to see ADA updated so we can continue to enjoy our rights. Contact the Department of Justice directly no later than this coming Monday, 8/18/08.
Do your civic duty as an American!
Diversity will always exist in the Deaf Community. If we concentrate on what we do share in common, like fighting for our rights, rather than on our differences, we can go a long way!
NAD, thanks for bringing this to our attention! 
MZ
Let the Department of Justice Hear From Us!!
http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=090000648062a604
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
NAD Calls for Equal Access to Community Services
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-equal-access-to-community-services/)
and
NAD Calls for Strong ADA Rules for Businesses
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-strong-ada-rules-for-businesses/)
NAD Calls for Equal Access to Community Services and for Strong ADA Rules or Businesses
Want better access to health care?
Want to make sure video remoteinterpreting (VRI) services are used appropriately?
Want equal communication access with police?
Want to see more captioned movies?
Want stadium events captioned?
Want hospitals, hotels, and motels to provide videophones, not just TTYs?
Want to make sure relay calls are treated the same as telephone calls?
Take Action Now!
The US Department of Justice proposed changes to the rules for two parts of the Americans with Disabilities Act (ADA):
1. ADA Title II — state and local governments
2. ADA Title III — public accommodations
The National Association of the Deaf (NAD) has posted two Action Alerts on the NAD Advocacy Blog (http://blogs.nad.org/advocacy/):
1. NAD Calls for Equal Access to Community Services
2. NAD Calls for Strong ADA Rules for Businesses
These Action Alerts provide a summary of the NAD comments to the US Department of Justice. They also provide links so you can tell the
Department of Justice what you think. The NAD is fighting for equal access and advocating for strong ADA rules for businesses and state and local governments. You can, too.
Tell the Department of Justice:
For more information about how to file your comments, go to:
NAD Calls for Equal Access to Community Services
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-equal-access-to-community-services/)
and
NAD Calls for Strong ADA Rules for Businesses
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-strong-ada-rules-for-businesses/) (reprinted with permission from NAD Law Center)
Now that I’ve gotten your attention away from the intense discussions about Deafhood….
This is the time we should all put aside our differences and unite, working on behalf of the rights of our Deaf Americans and children.
This past June 17, the Department of Justice announced they wanted to change some of the details of the Americans with Disabilities Act (ADA) before submitting it to Congress to become law. After 18 years, it’s about time the ADA was updated, but the DOJ gave the public a mere 60 days to weigh in on the proposed updates. The ADA we know had become significantly weaker due to Supreme Court decisions over the years, its bark worse than its bite. We need to be hyperviligant and ensure ADA becoming stronger than before
One of the proposed regulations includes the Video Remote Interpreting (VRI) Guidelines, decreed by the Department of Justice in July of 2006 as a part of the deal stemming from my lawsuit against Laurel Regional Hospital. The VRI in that hospital was mostly inoperable due to technological difficulties, lack of training among the personnel, and ignorance of the laws. Prior to that lawsuit, there was no universal standardization for VRI technology in the country. That decree was suggested as a national model two years ago but now is being proposed to be incorporated into ADA Title II and III, which would be a major victory for deaf Americans all over the country, if it’s implemented! When I found out about this several days ago about this VRI decree included in the ADA proposal, I was floored! This is the proof we as Deaf Americans can make a big difference!
I’m currently out of state. As I write this, I am painfully aware that the local hospitals here don’t even have VRI. This is scary, when one considers the severe shortage of interpreters facing Deaf people nationwide. How many hospitals don’t have VRI? Too many, unfortunately. I am not a fan of VRI. However, since some Deaf people do like VRI, they are entitled to make their choices. It comes in handy, especially if there is no interpreter available.
A fundamental right millions of Americans take for granted, ADA hasn’t been updated to reflect the changes made possible by modern technology. We need to see ADA updated so we can continue to enjoy our rights. Contact the Department of Justice directly no later than this coming Monday, 8/18/08.
Do your civic duty as an American!
Diversity will always exist in the Deaf Community. If we concentrate on what we do share in common, like fighting for our rights, rather than on our differences, we can go a long way!
NAD, thanks for bringing this to our attention! MZ
Let the Department of Justice Hear From Us!!
http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=090000648062a604
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
NAD Calls for Equal Access to Community Services
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-equal-access-to-community-services/)
and
NAD Calls for Strong ADA Rules for Businesses
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-strong-ada-rules-for-businesses/)
NAD Calls for Equal Access to Community Services and for Strong ADA Rules or Businesses
Want better access to health care?
Want to make sure video remoteinterpreting (VRI) services are used appropriately?
Want equal communication access with police?
Want to see more captioned movies?
Want stadium events captioned?
Want hospitals, hotels, and motels to provide videophones, not just TTYs?
Want to make sure relay calls are treated the same as telephone calls?
Take Action Now!
The US Department of Justice proposed changes to the rules for two parts of the Americans with Disabilities Act (ADA):
1. ADA Title II — state and local governments
2. ADA Title III — public accommodations
The National Association of the Deaf (NAD) has posted two Action Alerts on the NAD Advocacy Blog (http://blogs.nad.org/advocacy/):
1. NAD Calls for Equal Access to Community Services
2. NAD Calls for Strong ADA Rules for Businesses
These Action Alerts provide a summary of the NAD comments to the US Department of Justice. They also provide links so you can tell the
Department of Justice what you think. The NAD is fighting for equal access and advocating for strong ADA rules for businesses and state and local governments. You can, too.
Tell the Department of Justice:
For more information about how to file your comments, go to:
NAD Calls for Equal Access to Community Services
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-equal-access-to-community-services/)
and
NAD Calls for Strong ADA Rules for Businesses
(http://blogs.nad.org/advocacy/2008/08/15/nad-calls-for-strong-ada-rules-for-businesses/) (reprinted with permission from NAD Law Center)
August 17th, 2008 at 12:22 pm
Hi Mishka Zena!
I’m so glad that you are back and made this important post!
I checked NAD’s advocacy blog and there is over 100 comments (60 in one entry, and over 40 in another one) and these comments are so important because that is 100 Deaf Americans’ voice needs to be heard.
My greatest hope that these 100 comments are submitted to Department of Justice’s website. If not, then DOJ *may not* accept from the third-party because DOJ is very interested to hear from EACH INDIVIDUAL, not from an organization.
I submitted my comment on DOJ’s website, and it is really easy. They requested my name, my address, contact information, and a space for me to write down the comments. Then I submitted my comment, and DOJ gave me the ticket number. It shows that my voice is been documented with DOJ.
Please whomever went to NAD website, please copy and paste your comments you left on NAD website, and send them to the DOJ’s website, as MZ provided these links above.
Thanks,
Amy Cohen Efron
P.S. I wrote this important information on my blog and I want to emphasize that here too.
August 17th, 2008 at 1:00 pm
These comments are due by tomorrow, Monday August 18th, more the better.
August 17th, 2008 at 1:38 pm
Well, when I read this, I immediately went to the link and after a short wait, finally connected and began to write a support letter. Imagine my chagrin when on pressing NEXT, it gave me a blank screen and a note: Timed out due to inactivity.
Recommendation: prepare your letter first and copy and paste when you get there to avoid this happening.
August 17th, 2008 at 1:51 pm
Thanks for the reminder, MZ! Let us all move on to things that truly matter and make a difference for all of us!
*goes now to leave a comment with DOJ*
August 17th, 2008 at 2:08 pm
Yup…
I did my part. I hope others are taking this notice and do their parts. It’s very important to get their attention to this issue.
Thanks, MZ and Amy for posting your blogs about ADA/NAD. We should thank NAD for their work.
Misha
August 17th, 2008 at 2:15 pm
This the then type of distraction that went on back then that got FDA to approve CI. The spirit of deafhood which wasn’t named in 1988 that got us distracted from the CI. If they want to blow the deafhood horns, let them. This is exactly how they carve out the community of blameshifters.
August 17th, 2008 at 4:27 pm
We did it.
August 17th, 2008 at 4:49 pm
I just submitted to Regulations.gov.
Thanks for alerting us.
August 17th, 2008 at 7:14 pm
you want us to work together to push this one?!??
but why are you throwing in lies about dbc, etc. and the misinterpreted the concept of the innocent and very healthy deafhood, etc.?
i’m very wary about posting comments here.
August 17th, 2008 at 7:17 pm
This is about ADA and civil rights, not Deafhood and DBC, for heaven’s sake!!!
I will appreciate it if you don’t hijack this post to discuss DBC and Deafhood. There are many other blogs and vlogs discussing Deafhood. Thank you.
There are more important things to discuss and ADA is one of them! The civil rights of the Deaf Americans must be protected.
August 17th, 2008 at 7:28 pm
ok, we are on different pages. thank you.
August 17th, 2008 at 9:52 pm
Done, done and… ummmm, done. Thanks for bringing this to my attention! Will pass it on via email as well.
Star
August 27th, 2008 at 12:55 pm
Raphael, your unwarranted negative comment had been removed, again and I’m totally fed up with your nastiness. Due to your lengthy illness, I’ve given you the benefit of the doubt as you kept claiming you never made these nasty attacks. However, the comments came from the same ISP you are using. It doesn’t excuse the nastiness in your own comments.
Please cease and desist from leaving comments in my blog. This is a formal notice as you have abused the privileges of commenting here to wage your personal negative agenda. MZ
September 2nd, 2008 at 8:17 pm
My lawyer suggests either contact the police or the employer of your workplace, since many harassing comments were sent from your work computer. He finds it very significant that another blogger had to threaten to call the police before you stopped harassing and threatening him. A clear-cut pattern of serial harassment will get the attention of the police.
I would hate to file a formal complaint against another Deaf person. However, you refused to stop after repeated requests to cease, so that doesn’t leave me much choice.
Also if you keep up, I may consider reporting publicly in my blog so others will be aware of your actions toward me and the other Deaf blogger. This is something I am loathe to do, too, as this is not my character either. It’s up to you.
By the way, I would suggest you get professional help for your obsession. This behavior isn’t healthy.