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Random Accessibility Thoughts: We Blind People Need to Change the Path of Least Resistance

May 20, 2018 • Darrell Shandrow Hilliker

When I was 13 years old, all the way back in 1986, I learned exactly how horrible some people were when I found out the principal of my local high school was not going to let me enroll because of my blindness. She wondered things like, “how would he use the bathroom” and thought I should stay at the school for the blind, which she determined to be the “least restrictive environment” for my educational needs.

This discrimination was ultimately put down, and my local school district had to pay for me to attend public school in another district where I was actually wanted, thanks to the support of family and friends and a hard fought legal battle won on my behalf by the National Federation of the Blind.

Despite this victory, and my subsequent educational success in high school, I lost a lot of my innocence and my ears were forced wide open. I realized, once and for all, that my blindness really did set me apart from the rest of the world and that I would be constantly forced to prove my worth as a human being over and over again for anything I wanted to accomplish. I quickly decided there was an “us vs. them” scenario with “us” being myself and others like me, my blind brothers and sisters, and “them” being the sighted people comprising the rest of the world around me. At age 13, it was already war time!

Then, just one year later, in 1987, I got my first computer, an old Apple 2E with an Echo speech synthesizer! It even came with a 1200 baud modem! It was almost immediately followed by the awesome, revolutionary Braille ‘n Speak note taking device by Blazie Engineering!

I quickly discovered the incredible potential for computer technology to level the playing field for blind people like me. As I integrated technology into my life, I found it enabled a vast amount of communication and greater information access. I could complete the majority of my homework on the long car rides home from school. I could read some books, especially those on technology, using a brand-new service called Computerized Books for the Blind (CBFB). I could communicate with blind and sighted people on computer bulletin board systems on terms of equality. I could even, finally, do my own logging of the contacts I made on amateur radio, saying “goodbye” to static paper logs written with my Perkins Braille Writer and unweildy tape recordings my mom manually wrote into a printed logbook.

In the late 1980s, as I progressed through high school and enhanced my technology skills, I thought I was on top of the world and I just knew there wasn’t anything a blind person couldn’t do if only they set their mind to it and used the necessary technology. While sighted students were still plodding along with pencil and paper, I was taking better and quicker notes on my Braille ‘n Speak. While some Braille books were still available from several sources in the older transcribed format, we started scanning, transcribing and Brailling our own books using technology. With floppy disk, Braille ‘n Speak and the accompanying serial cable in hand, I was the mad scientist around school, hooking up my gizmos to the various IBM computers around school so I could enjoy their text-based user interfaces largely on terms of equality with my sighted peers. In conjunction with my talking radios, I could hook up my computer and enjoy packet radio just like my fellow amateur radio operators around the world.

In this scenario, in any situation where I found I really needed sight in order to accomplish something, I generally found an available sighted person willing to read something to me, because, I knew, thanks to the philosophy instilled in me through my association with the National Federation of the Blind, my blindness wouldn’t stop me from doing anything I set my mind to accomplish.

Sadly, while enjoying my text-based technology, I began to realize the sighted world was leaving us behind. While we blind people clung onto DOS, sighted people moved to Windows. As sighted people embraced the Internet, the old systems like command-line shell accounts, FTP, Gopher and text-based email moved onto the World Wide Web. While we plodded along with our text-based Lynx web browser, sighted people moved on to NCSA, Netscape, Internet Explorer and, finally, to the browsers we know today. As ebooks finally became normalized in the sighted world, blind people got left behind through the use of inaccessible, protective wrappings around information that should have otherwise been accessible.

Fast forward to today, 2018, 31 years after I got my first computer… I think we have another chance at truly equal accessibility, but will we insist on taking it for ourselves?

As I see it, we blind people enjoy the following technology advancements which should help us catch up to the sighted world, if not actually compete with the sighted on terms of equality once in awhile:

  • The free, open-source Nonvisual Desktop Access (NVDA) screen reader makes computer technology more affordable and accessible to more blind people than it has ever been before.
  • Popular operating systems including Android, iOS, Mac OS and Windows all now feature built-in screen readers blind people can use out of the box without the need to purchase and install a separate, 3rd-party solution.
  • Internationally-recognized guidelines, such as the Web Content Accessibility Guidelines, provide website developers with the framework they can follow in order to insure their sites are accessible to people with disabilities.
  • Mainstream technology companies, including Adobe, Apple, Google and Microsoft, all provide best practices and tools for insuring the content created using their solutions is accessible to people with disabilities.
  • Legislation, such as the Americans with Disabilities Act and Section 508 of the Rehabilitation Act in the United States, as well as many other similar laws around the world, are avenues we can use to obtain equal accessibility as a human right.
  • And, finally, when everything else fails, we now have visual-interpreting services such as Aira and Be My Eyes, where we can go back to a scenario where we employ sighted readers to access critical information we’re just not going to get any other way.

Despite all these assets at our disposal, it sadly seems the world around us remains largely inaccessible…

  • The staff at doctor’s offices, hospitals and other healthcare facilities usually whine about HIPAA and being too busy when they are asked to provide accessible, electronic medical records or even, all too frequently, to help us fill out their inaccessible paperwork.
  • Many blind college students still can’t gain access to their textbooks on time because they are not available in an accessible format they can read.
  • There are still lots of blind people who can’t get hired, are unable to perform important parts of their jobs or find themselves left out of promotional opportunities due to the use of inaccessible workplace apps, websites and other forms of information technology.
  • Banks, health insurance companies, and a myriad of other private businesses often still communicate with their customers using inaccessible websites, send inaccessible critical correspondence and insist on inaccessible, obsolete methods of communication without providing reasonable accommodations to blind customers.
  • Many grocery delivery services, stores and other e-commerce companies continue to insist on using inaccessible apps and websites, despite the plethora of options available for making them accessible.
  • Even some companies with an apparently forward-looking approach to accessibility often fail to take care of obvious accessibility issues that lock us out, what I call the accessibility low-hanging fruit, choosing instead to focus on catchy, fancy, whiz-bang accessibility features while hiding behind their “accessibility teams” who rarely, if ever, respond to genuine feedback about their inaccessibility.
  • Even seemingly regulated federal and state government agencies continue to communicate using inaccessible websites, send inaccessible critical correspondence and insist on inaccessible, obsolete methods of communication without providing reasonable accommodations to blind people.

As the available information and technology for making things accessible improves on a daily basis, I become angrier and angrier each time I encounter yet another inexcusable accessibility barrier. As a blind person who is not broken and is, in fact, a full human being with the same responsibilities, rights and intrinsic value as that sighted person over there, I vow to continue fighting the good, accessibility, fight and I am always looking for a few good warriors to join me.

So, this is all very disappointing and discouraging, isn’t it? What can, or must, we do when we encounter accessibility issues that discriminate against us and lock us out of full and equal participation? Here are just a few ideas:

  • Contact a company on social media services, such as Facebook or Twitter, pointing out the accessibility issues and asking that they be directly addressed.
  • Write and send a certified letter to a company’s CEO pointing out accessibility concerns, providing possible solutions and asking him or her to direct the prompt, ongoing resolution of those concerns in a sustainable manner.
  • Engage in structured negotiations or take other legal action against a company as you deem appropriate after trying other, less drastic methods first.
  • Publicly call out all organizations doing business specifically in the blind community whenever you encounter accessibility barriers, as the leadership of these organizations should always know better.

So, in conclusion, finally… I think there are two ways we can go down the road of better accessibility: optimistic and pessimistic. We should try the optimistic approach first: simply politely point out the accessibility barrier(s), provide possible solutions if you have some good ideas and directly ask for prompt, sustainable resolution… But, if that optimistic approach does not work, we should be willing to go to war… In the pessimistic approach, we have determined that the gloves are off and playing the nice guy is no longer going to work. As I see it, the key goal of this approach is simply to change the perceived path of least resistance from one of inaccessibility and ignoring us to one of greater accessibility and attention to our feedback. This pessimistic, or cynical, approach involves taking complicated, difficult and often dramatic steps such as digging in by not doing what is asked in the inaccessible manner, legal action, protesting at the CEO’s office or in the streets and consistent public call-outs of the organizations ongoing wrongdoing.

Let’s all figure out how to work together, as blind brothers and sisters, to break down, using all means necessary, the accessibility barriers that hold us back from living the lives we want.

There Should be Compensation and Remediation for the Real Damages Inaccessibility Causes

February 19, 2016 • Darrell Shandrow Hilliker

I just thought I would respond to Chris Hofstader’s excellent article Stop The ADA Trolls.

While I certainly agree we shouldn’t be supporting these accessibility lawsuit trolls, I also do not feel we should be defending companies that have less-than-stellar
accessibility records. If a company has consistently failed to acknowledge accessibility advocacy and act positively to address accessibility concerns,
why shouldn’t we just leave them to be eaten by the wolves?

You see… I believe there are real damages caused by inaccessibility, and I feel we should, actually, consider a more aggressive approach toward companies
that consistently ignore us.

Blind people lose their jobs due to inaccessible software. Blind children miss out on educational opportunities due to inaccessible educational technology used in the classroom. Inaccessible apps in the new sharing economy result in a complete denial of service, which clearly counts as discrimination under the Americans with Disabilities Act here in the United States and other similar laws around the world. There are so many other inexcusable ways blind people are excluded because of inaccessibility. How can we put a stop to this discrimination?

Here’s how I see all this working:

  1. Blind people have been consistently advocating with a company for full inclusion / equal accessibility, but the advocacy has been completely or substantively ignored.
  2. A case is opened and documented with an accessibility advocacy clearinghouse that tracks and reports accessibility advocacy efforts and their results, or lack of effective action.
  3. A letter is sent to the company’s CEO outlining the concerns and clearly asking for equal accessibility.
  4. One or more blind persons file a lawsuit against the offending company asking for equal accessibility and for serious monetary damages, including not only the inaccessibility itself, but also for the emotional distress / pain and suffering it has caused.
  5. The lawfirm filing the suit subpoenas evidence, including the documentation from the case filed in step 2 and the letter sent in step 3.
  6. The process continues, on and on, with company after company, in a systematic and transparent manner, until we, possibly, achieve real results!

That’s right! I think the lawsuits should most certainly be filed, because companies are wrong to continue excluding us, but I think it should all be done
in a clear, above-board manner.

How Do We Effectively Educate the Public and Combat False Assumptions About Accessibility?

January 19, 2008 • Darrell Shandrow Hilliker

I just finished reading Independent Street : Is Your Web Site Blind-Friendly? How to Avoid a Lawsuit by Wendy Bounds. While Wendy provided a good overview of the issues surrounding the law and the need for web site accessibility, I found many of the comments to be rather shocking! How do we effectively carry out the monumental task of educating the public at large and those who could become part of the accessible solution of the future? How can we show the world that accessibility is a good idea and that, in most cases, becoming accessible doesn’t have to represent a huge expense? Just as most of us recognize the inherent human rights of other populations, such as African-Americans and women, we must recognize that accessibility is a right and a necessity in order for those of us with disabilities to be participating, productive members of society. I have just posted my own comment to this article and ask that each and every one of you who read Blind Access Journal please do likewise. It may also be helpful to check out Mike Calvo’s excellent response to the article and many of its associated comments. We must all do our part to get out the good word about accessibility.

The Heart of Accessibility Evangelism

September 8, 2007 • Darrell Shandrow Hilliker

I think we all recognize that, in many cases, there simply is not a strong bottom-line business reason for companies (either assistive technology or mainstream) to work hard on making sure their technologies function in ways that are in the best interests of all users, including those of us whom happen to be blind. There are, thus, only two major levers available to us in our advocacy efforts. The first involves the fact that, in our society, accessibility is simply the right thing to do. This approach involves the “heart” of accessibility evangelism. The second approach involves making a business case for accessibility based on the application or presumed applicability of one or more disability rights laws such as the Americans with Disabilities Act or Section 508 of the Federal Rehabilitation Act. In this rather rough approach, accessibility is ultimately forced as an alternative that is less expensive than continuing to ignore our needs.

In the case of screen readers, the economic incentive is simply to ensure the product works with Internet Explorer, Microsoft Office and the Windows operating system. Any additional capabilities, especially with respect to custom job related applications like Salesforce.com and Siebel, is viewed as icing on the cake. Precious little effort is expended on the part of assistive technology companies to ensure the usability of many customer relationship management (CRM) and other similarly critical application infrastructures required in today’s workplaces. How many jobs do you know about where use of e-mail, spreadsheets, web browsing and word processing are all that’s required in order for a qualified employee to conduct the duties of the position?

Most mainstream technology companies claim there’s little or no real business incentive to make their products and services accessible to us. After all, blind people represent less than a percent of the world’s population and there’s just not enough money in it for companies to justify the expense. Only the possibility of legal action or the presumed applicability of some Federal laws make the expense of accessibility less than the potential loss of business from government agencies.

As we all can see, the current state of affairs remains bleak. It has been this way for a long time now, yet the problem may accelerate due to the ever-widening gap between the capabilities of increasingly sophisticated and visually oriented mainstream technologies with respect to the rather limited nature of current screen reading technology for the blind. My apologies if this offends, but it is, ultimately, the truth against which I would invite any credible challenge.

As we continue to advocate for mainstream technology companies to reasonably accomodate our needs for equal access to the technologies in our daily lives, on the job and in the classroom, we must also simultaneously advocate for our assistive technology companies to focus on innovation, rolling out screen readers that can meet the challenge of the current and future world of technology, much of which continues to be developed by people who have absolutely no inclination toward accomodating us. It is wonderful when assistive technology and the mainstream computer industry can work together, meeting one another halfway in order to provide access, but the days of screen reader developers relying on this approach have been numbered for quite sometime in all but a precious few cases.

As we insist on innovation which will permit us to continue learning and making a living, we are going to have to devise new methods of accessibility advocacy. Our approaches must convince the decision-makers in the technology industry that at least one of the following statements is true:

  1. Conscience dictates that delivering accessibility is simply the “right thing” to do.
  2. The presence or absence of accessible technology often makes the difference between whether or not a blind person is able to fill a particular position in a company or take advantage of an educational opportunity.
  3. It is better to help blind people than it is to hurt, ignore or otherwise leave us out in the cold.
  4. Accessibility is a good thing to do from a media or public relations perspective.
  5. Accessibility can represent an “interesting” project to undertake from a development point of view.
  6. A small increase in the customer base will result when products and services are made accessible to blind computer users.
  7. Blind customers of companies who take the effort and time to address our needs tend to be among the most loyal portion of the company’s overall customer base.
  8. Sighted people who care about what happens to their blind colleagues, friends and relatives may prefer doing business with companies who do the “right thing” with respect to accessibility.
  9. Religion may indirectly dictate that blind people should be afforded equal access to information.
  10. The laws in several nations of the world directly or indirectly mandate a certain level of accessibility for people with disabilities.

It is important to note that only four of the items (customer loyalty, increased customer numbers, laws and public relations) on this “accessibility evangelism top ten” list can be said to relate directly to business considerations. The rest relate to the heart. What does a person believe to be the “right thing” to do with respect to their emotional make up as well as their logical mind? Should we devise ways to shame those who would ignore us into doing the right thing? Would a person ignore the needs of their spouse, relative, close friend or colleague should they become blind? How would such a person want to see their blind spouse treated? Wouldn’t they insist on reasonable accomodations? Should we place a bit more emphasis on the “heart” of accessibility evangelism? Your thoughts are welcome as always in the form of a comment to this article.

Blind Citizen Not Allowed to Tour USS John F. Kennedy Aircraft Carrier

March 7, 2007 • Darrell Shandrow Hilliker

On Sunday, March 4, my friend Mika Pyyhkala was not permitted to participate in a public tour of the USS John F. Kennedy aircraft carrier in Boston Harbour. Age old, unproven stereotypes concerning possible safety concerns were trotted out as the reason. The National Federation of the Blind has become involved in this incident on Mika’s behalf. The organization issued the following press release vowing to take action.

Numerous articles have been written in newspapers and posted on blogs concerning this issue, but I think it is absolutely critical that the most important point not become lost. Blindness, by itself, has not ever been proven to present any more or less of a safety concern in participation in any particular activity than it is for an average sighted person. It has, in fact, been my personal experience that any safety issues that have arisen concerning my blindness have often involved the lack of attention on the part of one or more sighted people. For example, I was hit by a sighted driver of a truck who was in a hurry and talking on his cell phone while crossing a street in February of 1997. Right now, we’re talking about the military’s denial of a tour of an aircraft carrier. But, we could just as easily be talking about a Child Protective Services agency taking a child away from his or her parents simply because those parents happen to be blind. We all take our chances as we live, and safety concerns surrounding blindness are most often simply unproven, and probably unprovable, stereotypes not based in fact.

Aside from the initial stereotypical safety concerns, the U.S. Navy officer was quick to emphasize the large number of sighted people being allowed to participate in the tour and the lack of an available person to accompany Mika. This concept that it is somehow acceptable to pat us on the head and toss us aside without a thought simply because it is inconvenient or people are simply “too busy” to bother with us is absolutely wrong and should be found personally offensive by all blind human beings. This “too busy” situation is encountered entirely too often when blindness involves the need for reasonable accomodations in order to fully participate. I have dealt with staff in doctor’s offices who attempted, totally without success due to my persistence, to avoid helping me with paperwork by claiming to be “too busy” to help. Sometimes, such people expect me to be accompanied by a sighted person who can act as a “caregiver” with whom they would probably feel more comfortable dealing rather than bothering with me directly.

As a blind community, whether aligned with ACB, NFB or neither consumer organization, we must do everything possible to vigorously confront the safety stereotype and the improper “too busy” mentality that is too frequently used to deny us access. I hope ACB and NFB will find a way to join forces in an attempt to challenge the military on this issue from a public relations perspective. The Navy should apologize to Mika for the initial outright denial of access and provide him with a full private tour of the USS John F. Kennedy. Members of the media should accompany Mika to document his safe, successful tour of the ship.

Categories: discrimination