News

The following information is provided by DREDF (Disability Rights Education and Defense Fund)www.dredf.org:

Dear Friends,

DREDF has a great victory to share with you: We've secured a historic settlement inNational Association of the Deaf, et al. v. Netflixthat will ensure 100% closed captions in Netflix's ondemand streaming content within two years. DREDF's work firmly establishes a precedent for a critical issue of disability civil rights law: that a web-based business is a place of public accommodation and is covered under Title lll of the Americans with Disabilities Act (ADA). Specifically, the settlement benefits people who are deaf and those who are hard of hearing, as well as a growing number of older Americans with hearing loss, who require captions in order to access online streaming video. As DREDF Directing Attorney Arlene Mayerson said, "For people who are deaf and hard of hearing, captions are like ramps for people who use wheelchairs."

As lead counsel, DREDF alleged that Netflix's "Watch Instantly" on-demand streaming programming discriminated against people who are deaf and hard of hearing because it did not provide closed captioning on all content. The case not only opens doors to entertainment, but also education, government benefits, employment, and more, as systems are increasingly accessed online.

The National Association of the Deaf, along with theWestern Massachusetts Association of the Deaf and HearingImpaired(WMAD/HI) and Lee Nettles, a deaf Massachusetts resident, brought suit against entertainment giant Netflix in 2010 to secure a commitment to provide closed captioning for "Watch Instantly" movies and television streamed on the Internet.

The case resulted in a precedentsettingConsent Decreefiled on October 10, 2012, which will increase access for the 48 million Americans who are deaf and hard of hearing to movies and television streamed on the Internet, one of the fastest growing entertainment venues in the country. The Consent Decree requires Netflix to provide captions on all streamed programming by 2014.

The case is notable for establishing that the ADA applies to online-only businesses, a critical issue as society moves from accessing services on Main Street to the Internet. To state a claim under Title III of the ADA, a plaintiff must show that the alleged discrimination involves the services of a "place of public accommodation."

In the motions leading up to the Consent Decree, DREDF successfully argued that Netflix's Watch Instantly website is a place of public accommodation by analogizing Netflix's service to that of a brick-and-mortar store or other venue that provides similar services, such as a video rental store. In hisOrder to Netflix's Motion for Judgment on the Pleadings, Federal District Court Judge Michael Ponsor rejected Netflix's argument that Title III did not include entities like websites or streaming services on grounds that when the ADA was written web-based services did not exist and could not have been explicitly included:

"In a society in which business is increasingly conducted online, excluding businesses that sell services through the Internet from the ADA would run afoul of the purposes of the ADA and would severely frustrate Congress's intent that individuals with disabilities fully enjoy the goods, services, privileges and advantages, available indiscriminately to other members of the general public."

Moreover, Mayerson convincingly argued that the legislative history of the ADA makes clear that Congress intended the ADA to adapt to changes in technology and that Congress did not intend to limit the ADA to specific examples listed in each category of public accommodations.

Judge Ponsor found that plaintiffs convincingly argued that the website falls within at least one, if not more, of the enumerated ADA categories, including that it is a "service establishment" providing customers with the ability to stream video programming through the internet; a "place of exhibition or entertainment" because it displays movies, television programming, and other content; and a "rental establishment" because it engages customers to pay for the rental of video programming.

The Consent Decree is a model for the streaming entertainment industry, and will also serve as a model to improve access to Internetbased services for deaf and hard of hearing individuals. DREDF is honored to have worked with Lewis, Feinberg, Lee, Renaker & Jackson P.C., and the Boston, MA law firm Sugarman, Rogers, Barshak & Cohen, P.C. on this case.

Disability Rights Wisconsin (DRW) has a toll free line to help the disability community with questions and concerns about voting rights. We can help:

• If you have questions about your voting rights,
• If your polling site is not accessible and you can't get into the polling place to vote,
• If you can not vote privately and independently because the voting machine or ballot is not accessible,
• If you were turned away from the polls even though you have the right to vote,
• If you feel you have been discriminated against in the voting process because of your disability,
• If you have questions about how to file a complaint about your concerns,
• If you don't know where your polling place is,
• If you have questions about how to register to vote or get an absentee ballot,
• and much much more!!

CALL: 800/928-8778 (toll free) or 888/758-6049 (TTY)

Phones are answered between 8:30 and 5:00 most weekdays, and from 7:00 AM to 8:00 PM on Election Days.

Don't Forget to Cast Your Vote! Accessibility of Polling Places

On Sept. 18, 2012, this webinar was held by the ADA National Network. Visit their websitewhere you can listen to the archived recording and/or read the transcripts to learn more about this important topic. Here's a description of what the webinar:

2012 is a presidential election year and as we reflect back to 2008 we know that 14.7 million Americans with disabilities voted in the 2008 election. This is a significant increase over the 10.9 million Americans with disabilities who voted in the 2000 presidential election. Passage of the Help America Vote Act in 2002 increased the focus and attention on the barriers faced by people with disabilities attempting to exercise their civic responsibilities. However, many polling places remain inaccessible and individuals continue to report that they do not get the supports they need in the polling place to ensure that they can vote independently and confidentially. Join this session as we explore the obligations under the various laws and regulations and strategies for working with local election officials.

You can also learn more about accessibility of polling places from thischecklist.

The National Forum on Disability Issues was an historic nonpartisan event that took place on Friday, Sept. 28, 2012, focusing on the disability positions of the 2012 Presidential candidates. Edward M. Ted Kennedy, Jr. and Rep. Cathy McMorris Rodgers (R-WA) spoke on behalf of their respective parties to present their campaigns positions on matters relating to Americans with disabilities.

Ohio Senate Republican nominee Treasurer Josh Mandel and Rep. Nancy Garland (D-New Albany) on behalf of Ohio Sen. Brown participated, as well as Ohio Senator Sherrod Brown. The speakers discussed their positions on a wide variety of disability issues directly to the disability community. Frank Sesno, director of the School of Media and Public Affairs at the George Washington University and former CNN White House correspondent, anchor and Washington bureau chief, served as Forum moderator.

View the archived webinar or read the transcripts on the National Forum on Disability Issues website.

TheWisconsin Disability Vote Coalition(WDVC) is a non-partisan effort to increase voting turnout and participation in the electoral process among members of Wisconsins disability community. The WDVC is funded byDisability Rights Wisconsin(DRW) and theBoard for People with Developmental Disabilities(BPDD). Be sure to check out theWDVC websitefor information and resources, including:

• Voting Guide for Citizens with Disabilities
• Transportation to go vote on election day
• Competency, Guardianship & Voting
• How can I ask candidates about disability-related questions?
• Where can get information about candidates?
• How can I find out where to vote?
• How do I register to vote?
• Can I vote if I have a guardian?
• I can't go to the polling place. Can I vote another way?
• Are there accessible voting machines?
• Can you vote if you're in the hospital on election day?
• What are the rules about signing my name when I vote?
• Is the Photo ID law in effect?

In addition, the WDVC website has a large number ofvideosthat explain the voting process and answer many of the same questions.

Here are a couple interesting websites that provide information about assistive technology and workplace accommodations. Be sure to check them out:

• AbleData: AbleData provides objective information about assistive technology products and rehabilitation equipment. Go to the website and click on Products to see their database - almost 40,000 products in 20 different categories
• Job Accommodations Network (JAN): The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. Working toward practical solutions that benefit both employer and employee, JAN helps people with disabilities enhance their employability, and shows employers how to capitalize on the value and talent that people with disabilities add to the workplace.

Rental Housing Search and Occupancy Experiences of Veterans with Military Associated Disabilities

-For participating in this study, veterans have the opportunity to enter into a drawing to win 1 of 4 money orders in the amount of $50.00!

Finding a great home that meets your needs is always challenging, and finding one that meets the needs of someone who acquired a disability while serving in the military can be especially difficult. The Housing program at Virginia Tech is conducting a study to gather information and bring awareness to the rental housing search experience and occupancy situation of veterans with disabilities. Findings from this study may help improve the housing search process and housing conditions for veterans with disabilities.

Veterans with military associated disabilities who live in rental housing are invited to participate in a research study to bring awareness of their rental housing search and occupancy experiences. If you are interested in participating in this research study, please cut and paste the following link to your internet browser to access the electronic version of this study: https://vtsurveycenter.us2.qualtrics.com/SE/?SID=SV_5BVhEcHNiAKnXqB

Participants have until Saturday, December 15, 2012 to complete the survey.

For participating in this study, you have the opportunity to enter into a drawing to win 1 of 4 money orders in the amount of $50.00! The odds of winning 1 of the 4 money orders in the amount of $50.00, is 1 out of 32 individuals.

If you have any questions regarding this research, contact Luz Semeah via phone or email at (561) 603-2350 or lmsemeah@vt.edu ; lmsemeah@cornell.edu .

Remember:

To participate, the veteran must have a service-related disability as a result of serving in the U.S. military and must be in rental housing.

Purpose of the study

The purpose of this study is to investigate the rental housing search and occupancy experiences of veterans with disabilities whose injuries were sustained while serving in the U.S. military. The supply of accessible housing units is small and the number of housing discrimination grievances filed by or on behalf of persons with disabilities is significant. To date, there have been few studies looking into the rental housing accessibility issues of veterans with disabilities. The goals of this research are to: (1) bring awareness of veterans rental housing experiences, (2) to promote an increase in the number of accessible housing units (by highlighting the role of the Fair Housing Amendments Act and the Fair Housing Accessibility Guidelines), and (3) to advocate for the availability of grants for housing modifications, especially for veterans with less than a 90% disability rating.

The Nashville organized TED Talks is now accepting Nomination applications for their 2013 speakers. I'd be honored to have the opportunity to share my story, but I need your help.Here are the details..."On Saturday, April 6, 2013, TEDxNashville will host its fourth annual event. The theme will be "Next", and it will be held at the Tennessee Performing Arts Center.Many of us have been buffeted by financial, emotional, psychological and spiritual challenges in the last few years Its now time to rise from the ashes.We're looking for speakers that can share inspirational stories about overcoming obstacles and finding creative and innovative solutions to the challenges we are facing.At TEDxNashville 2013, we'll hear from visionaries who have big ideas about how our world is changing, and how we can evolve and transform ourselves.We are currently taking nominations for speakers. Know someone who is a dynamic speaker? Someone with a unique story? Let us know!" All Nominations are due by Saturday, October 20th.If I was chosen the topic/topics I'd like to focus on would include:1) Sustaining Faith and Hope while staring in the eyes of adversity and fighting to live life to the fullestand/or2) "Don't Break my Legs...Handle with Care!" CampaignLinks:~ http://www.mobilewomen.org/2012/09/dont-break-my-legshandle-with-care.html~ My website: www.InspirationSpeaks.me~ Facebook: This Is How I Roll - https://www.facebook.com/ThisIsHowJenRollsI'd appreciate having this opportunity & platform to share my personal story, the support I've received from each of you over the years and the amazing endeavors ahead of each of us. If you feel I'd be a good fit for this opportunity then please follow the link below to the online application.https://app.e2ma.net/app2/survey/1405430/213008069/5e9712c2e8/?v=aPlease feel free to share this with the foundation, your family & friends as well. Let them know why you think I am qualified for this opportunity. Thank you in advance!!Sincerely,Jenny

Here's an article I wrote "Blindside to the Flip Side" for The American Occupational Therapy Association'ns (AOTA) website. It's dedicated to every therapist, aspiring therapist & my dear friend, Debbie Bebeau, for always having faith in me & never giving up on me. Check it out at...
http://www.aota.org/Consumers/Client-Stories/Blindside-to-the-Flip-Side.aspx

Dont miss your opportunity to network in person about Self-Determination. The 2012 Wisconsin Self-Determination Conference registration is closing on October 15, 2012.

For more information go to:http://www.wi-bpdd.org/sdc/