Law Office of Lainey Feingold
Disability Rights Legal Advocacy

At 9:30 in the morning on July 22, a courtroom in the federal building in San Francisco was filled with blind and visually impaired individuals. They had gathered to hear arguments about whether the accessibility case against JetBlue Airways should be thrown out of court. Judge Joseph Spero asked thoughtful questions and listened carefully to arguments on both sides of the case. He is expected to issue his ruling within the next ninety days. The lawsuit alleges that JetBlue has violated California law by maintaining a website and operating airport check-in kiosks that are inaccessible to individuals with visual impairments.

Earlier this month the United States Department of Justice admitted what many of us have suspected: we will not be seeing web accessibility regulations in the United States for commercial and public entities any time soon. Some time in 2013 at the earliest.

In July, 2010, the Department issued what is called an Advanced Notice of Proposed Rule Making indicating that it was planning to issue regulations about web accessibility. The step after an “Advanced Notice” is a “Notice of Proposed Rule Making” (NPRM). After that is the rule itself. In its semi-annual regulatory agenda for Spring 2011, however, the DOJ called the NPRM for Web Accessibility a “Long Term Item” not expected until December, 2012. That’s well over a year from now. And it is close to two years after the public comment period on the Advanced Notice closed, and almost two and one half years after the DOJ announced the possible regulations in July, 2010.

The United States Access Board has announced that it will (finally) publish proposed Public Rights-of-Way Guidelines on July 26 - the 21st anniversary of the Americans with Disabilities Act. The guidelines will address access to sidewalks and streets by people with disabilities, including accessible pedestrian signals, crosswalks, roundabouts, curb ramps, street furnishings, parking, and other components of public rights-of-way. Technical specifications on these issues will be welcomed, but it is important to remember that the Americans with Disabilities Act has required such access for more than twenty years.

The United States Department of Justice is now taking claims from individuals with disabilities who believe that they have been discriminated against by Wells Fargo or Wachovia because of their disability. Claims must be filed by January 29, 2012. In this post you can find resources regarding the claims filing process, and learn more about the issues affecting people with visual impairments that may give rise to a claim. Under the settlement, individuals with disabilities may file claims for monetary payment based on Americans with Disabilities Act violations by Wells Fargo and Wachovia. The amount of payment each person can receive is not specified, but there is a total pot of up to 16 million dollars.

On July 22, 2011, there will be a hearing in the federal court house in San Francisco in the disability access case against JetBlue Airways. JetBlue is asking United States District Court Magistrate Judge Joseph Spero to dismiss the case. The hearing will be held at 9:30 a.m. at 450 Golden Gate Avenue in Court Room A on the 15th Floor. The hearing is open to the public. The case, brought by the California Council of the Blind and three blind JetBlue customers, is about access barriers on JetBlue’s website and the inaccessibility of JetBlue’s airport check-in kiosks to people with visual impairments.

Last month, the American Cancer Society (ACS) announced a comprehensive initiative to improve access to its materials by people with visual impairments. Using the alternative dispute resolution method known as Structured Negotiations, ACS worked with the American Council of the Blind (ACB) to improve the accessibility of its website and to develop a pilot program for providing accessible information. As described in this post, print information is now available in Braille, Large Print, mp3, audio CD and accessible electronic formats.

Access to information is a civil right and is key to full inclusion of people with disabilities into modern society. Please share this post and help spread the word about the availability of cancer-related information in formats that people who are blind and visually impaired can read.