E-Access Bulletin Live

Readers who have travelled by air in the past few years are likely to have come across new technologies designed to enhance the convenience of travel such as automated kiosks where people can check in without queuing for hours in a barely-moving queue of bored passengers.

As so often with new technologies, however, it seems that their accessibility for people with disabilities was not always considered when they were first being developed. And now, in the US, the issue is about to hit the courts.

Earlier this month, US-based charity and campaigning organisation the National Federation of the Blind (NFB) filed a lawsuit against the country’s Department of Transportation claiming the department’s new regulations on the accessibility of airport check-in kiosks breach discrimination legislation.

The law the NFB claims has been violated is the Air Carrier Access Act (ACAA), passed in 1986 to ban discrimination against air travel passengers with disabilities. As part of its duties to comply with this act, the DoT issued the new accessibility regulations which came into effect in December 2013. However, the NFB claims the new rules do not go far enough, and hence do not comply with the law.

So, what is the detail of the federation’s case?

The regulations are split into two separate sections. The first covers website accessibility, requiring airlines to make all public-facing content on their websites compliant with level ‘AA’ of the international World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.0 by 12 December 2016 – three years after the regulations took effect.

But although the NFB did express frustration back in November at what they called an “overly generous” time period back for website improvements, they are not challenging this timescale in the courts – in fact, their current legal action relates to the second part of the DoT regulations, regarding airline check-in kiosks.

This states that at least 25% of all existing check-in kiosks in an airport must be made accessible to disabled passengers by December 2023, including the display screen, inputs and outputs, instructions and floor space. However this is a timescale which the federation does believe is so long as to be unreasonable.

It claims that offering a compliance period as long as 10 years means that the DoT is failing to implement the ACAA as it was intended, and is therefore breaking the law.

In a statement explaining the decision to take legal action, NFB president Marc Maurer said that the technology to make airline check-in kiosks accessible to visually impaired passengers is “readily available” and is already in use in bank cash machines and other types of kiosk across the US. “The Department of Transportation violated the law by allowing continued discrimination against blind passengers based on spurious assertions by the airline industry that making kiosks accessible will cost too much and take a decade”, Maurer said.

The NFB has also published details of how it says kiosks can be more quickly made accessible in the same way as bank machines and other devices, such as: “affixing Braille labels, installing headphone jacks and adding speech software that provides audio prompts to the user.”

As yet, there has been no word on how – or if – any court action might proceed, or any response from the DoT. But this is not the first time that the NFB have pursued legal action over this issue. In 2011, the charity filed a lawsuit against Las Vegas McCarran International Airport on behalf of four blind passengers, claiming its self-service kiosks were inaccessible due to the visual-only instructions on their screens.

As in so many sectors, website accessibility is also an ongoing issue. In 2012 the Royal National Institute of Blind People (RNIB) sued low-cost airline bmibaby.com (now no longer active), claiming that customers with sight-loss were unable to use the company’s website to search for and book flights, as it was only possible to do so using a mouse.

Several months after initiating legal action, RNIB reported that bmibaby.com had made changes to its website which improved its accessibility, enabling visually impaired customers to book flights online, and withdrew its case.

So the new action keeps up the pressure on the airline industry: legal action may not be frequent, but it does keep coming, and organisations representing disabled travellers will continue to push for governments to fully implement their own anti-discrimination laws.

Three of the biggest e-book reader manufacturers – Amazon, Kobo and Sony – have petitioned the US Federal Communications Commission (FCC) to ask for exemptions from US laws requiring products to be accessible to users with disabilities.

The three are urging the commission to waive parts of the 21st Century Video and Communications and Video Accessibility Act which require any product offering ‘advanced communication services’ (ACS) to be “accessible to and usable by individuals with disabilities.” The manufacturers say that as e-readers are used almost exclusively for reading, they do not provide more generic ACS. They argue that to make them fully accessible would increase their cost and weight and decrease battery life, essentially turning them into different devices more similar to tablet computers.

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By Donna Jodhan.

In 2000 I embarked on a journey to encourage the Canadian Government to work with blind Canadians to make their websites more accessible to all Canadians. At that time, my main objective was to raise awareness of the inaccessibility of government websites, and to convince officials of the importance of making their websites fully accessible as soon as possible.

I started my mission by taking my concerns to various departmental heads within the government and my presentations focused on the importance of making information fully accessible to all Canadians. I focused specifically on the fact that we are now living in an information society and a knowledge-based economy and blind Canadians, like everyone else, needed immediate access to information to make vital everyday decisions that affected such things as our health, safety, security and social welfare.

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An historic international treaty to increase book access for blind and visually impaired people has finally been adopted at a meeting of the World Intellectual Property Organisation (WIPO) after almost six years of wrangling, negotiations and setbacks.

Signed at a WIPO conference in Marrakech, Morocco, the treaty will allow exceptions to copyright laws so accessible versions of books and other printed material can be shared internationally for blind and visually impaired people to use. Up to now, such sharing of books has not been possible due to objections from copyright holders in some countries.

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The World Blind Union (WBU) has reacted angrily to a new setback to long-running work on an international copyright treaty which could improve access to accessible books for blind and visually impaired people.

The union has been a key negotiator in talks at the World Intellectual Property Organisation (WIPO) which have been going on for almost five years. Following the latest round of talks from 18-20 April in Geneva, the WBU released a statement saying the discussions “devoted almost no time to insuring that the treaty will encourage the cross border sharing of desperately needed books for the blind”, concentrating instead on protecting the rights of existing copyright holders.

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A lawsuit in Germany in which mobile handset maker Samsung is attempting to force its rival Apple to remove the VoiceOver screen reader function from its iPhone smartphones in the country has been halted by the courts.

VoiceOver allows users to have content on the screen read aloud to them. It is marketed as an accessibility aid for blind and visually impaired users, since it can help people use and navigate an iPhone by touch and audio alone.

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After what will have been five years of negotiations, an international treaty to allow the sharing of accessible copyrighted material across borders for use by blind and visually impaired people could finally be signed in 2013, E-Access Bulletin has learned.

A “roadmap” for formalising a treaty, which would increase book access for disabled people including blind and visually impaired people, has finally been approved at this month’s World Intellectual Property Organisation (WIPO) general assembly in Geneva ( bit.ly/OqkKxp ).

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Diane Mulligan OBE, one of the UK’s leading national and international disability rights campaigners and advisors, has been elected to the United Nations Expert Committee on the Convention on the Rights of Persons with Disabilities.

The committee, of 18 independent experts, monitors implementation of the convention by “states parties” – countries who have signed up to it. Its work includes assessing individual country’s reports on how they have implemented the measures of the convention, taking into account what improvements have been made and difficulties faced since the last report.

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The long legal battle between Donna Jodhan, a blind accessibility advocate from Canada, over the inaccessibility of government websites – as chronicled by E-Access Bulletin over several years – is over. With the Canadian government having now taken satisfactory remedial action, Jodhan has decided not to take any further legal action, declaring her victory “an opportunity to create a more accessible environment for all Canadians”.

Jodhan first noticed that she was unable to use government websites due to her impairment in 2006. She sued, with a judge initially ruling in her favour, stating that the Government had infringed the Canadian Charter of Rights and Freedoms, and giving a time period for the government to make its websites accessible to blind and visually impaired users. The government appealed this decision in 2011, but in May 2012 the Canadian Federal Court of Appeal upheld Jodhan’s initial victory (see E-Access Bulletin issue 138: bit.ly/QHacrm ).

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A searchable online database of laws, policies, strategies and initiatives upholding the rights of people with disabilities has been launched to measure how well European nations are implementing the UN Convention on the Rights of Persons with Disabilities.

“DOTCOM: the Disability Online Tool of the Commission” has been developed by the Academic Network of European Disability Experts (ANED) – in collaboration with the European Commission and EU Member States – building on the commission’s European Disability Strategy 2010-20.

The information, taken from 34 countries, is organised into eight themes: UN convention status; general legal framework; accessibility; independent living; education; employment; statistics and data collection; and awareness and external action.

Data can be searched by country, group of countries, theme or sub-category – for example the three sub-categories of accessibility law are transport accessibility; built environment accessibility; ICT and web accessibility.

Searching for the UK’s ICT accessibility laws and policies returns information on the Equality Act 2010 and the Web Content Accessibility Guidelines, among others.