2022 Resolutions

The official policies of the National Federation of the Blind are established every year with annual resolutions adopted at the national convention. The below resolutions were passed Saturday, July 9, 2022.

Resolution 2022-01: Regarding Need for Federal Legislation Requiring All Websites and Applications to be Accessible

WHEREAS, the activities of a vast number of employers, retailers, restaurants, other public accommodations, educational institutions, state and local governments, other public entities, and many other entities now occur in whole or in part through websites and applications, a shift that has been greatly accelerated by a global pandemic; and

WHEREAS, according to a report with statistics covering the period from 2005 to 2020 conducted by the United States Bureau of Economic Analysis, the digital economy alone accounts for nearly 10 percent of the gross domestic product of the United States; and

WHEREAS, according to a study published in March 2021 by the Pew Research Center, 85 percent of American adults visit the internet at least once per day; and

WHEREAS, equal access to digital spaces is necessary for the blind and others with disabilities to participate in the mainstream of economic, cultural, and political life; and

WHEREAS, the vast majority of the entities identified above want their websites and applications to be accessible and usable by all, including the blind and others with disabilities; and

WHEREAS, the blind and others with disabilities constantly face access barriers to websites and applications as indicated by a recent survey of the one million most visited websites, which revealed that at least one access barrier existed on over ninety-seven percent of those million websites; and

WHEREAS, according to numerous news sources, the United States has approximately two open jobs for every unemployed American, yet unemployment and underemployment of the blind has not improved due in part to accessibility barriers; and

WHEREAS, many, including the Federation, believe that Congress intended for the Americans with Disabilities Act (ADA) to apply to websites of those entities covered by the ADA when it said the ADA "should keep pace with the rapidly changing technology of the times"; and 

WHEREAS, despite such clear legislative intent, the courts of our land have varied wildly in their opinions deciding whether the ADA covers websites, with some courts saying that websites and digital spaces of any entity are not covered by the ADA, others saying that only websites of covered entities with a physical presence are covered, and yet other courts saying that all websites of covered entities are covered regardless of whether those exist entirely in cyberspace or whether they have both physical and digital locations; and

WHEREAS, we had fervently hoped that the United States Department of Justice would clarify these legal uncertainties when, in 2010, it published an Advanced Notice of Proposed Rule Making with the intention of ultimately promulgating regulations clarifying that websites of covered entities fell within the scope of the ADA's protection, regardless of whether such entities existed entirely in cyberspace; and

WHEREAS, to the great sorrow of the disability community and others, no further action has been taken on the proposed regulations since 2010, and in fact the proposed rulemaking was canceled in 2017; and

WHEREAS, neither current law nor the proposed regulations from 2010 clearly cover applications used on mobile phones and other devices; and

WHEREAS, many businesses, employers, educational institutions, and other entities rely on third-party commercial entities, which are not currently covered by the law, to design and implement their websites and applications; and

WHEREAS, it has become abundantly clear that there is a critical need for federal legislation to clarify exactly who must offer accessible websites and applications and how they must do it: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that we urge Congress to adopt a law requiring websites and applications of employers, retailers, restaurants, other public accommodations, educational institutions, state and local governments, other public entities, and any other entity currently covered by the ADA to be accessible to the blind and others with disabilities through compliance with an accessibility standard defined by Congress; and 

BE IT FURTHER RESOLVED that we call upon Congress to require those commercial entities that design and implement websites and applications and then sell them to all other covered entities to design and implement websites and applications which are accessible to the blind and others with disabilities in compliance with the accessibility standard defined by Congress; and

BE IT FURTHER RESOLVED that this organization urge Congress to direct the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) to develop and then promulgate an accessibility standard in which accessibility shall mean perceivable, operable, understandable, and robust websites and applications that enable persons with disabilities to access the same information as, to engage in the same interactions as, and to enjoy the same services offered to other persons with the same privacy, same independence, and same ease of use as nondisabled persons; and

BE IT FURTHER RESOLVED that this organization urge Congress, in the new law, to include provisions that allow the law to be enforced by EEOC and DOJ acting on complaints filed with them or on their own initiative and that private individuals and organizations may also enforce the law by instituting private causes of actions in our courts with the full array of legal remedies and damages available to them.

Resolution 2022-02: Regarding State Legislation Guaranteeing Fully Accessible Vote by Mail

WHEREAS, the ability to cast a secret ballot independently is a cornerstone of our democracy that enables citizens to vote their conscience without fear; and

WHEREAS, Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in services, programs, and activities provided by state and local government entities; and 

WHEREAS, this requirement extends to voting privately and independently by mail; and 

WHEREAS, only twenty-eight states require an accessible way to mark a vote-by-mail ballot; and

WHEREAS, in 2022, as a direct result of the advocacy efforts of the National Federation of the Blind of Illinois, Access Living Chicago, Equip for Equality, and the Illinois Council of the Blind, Illinois became the latest example when the state’s general assembly passed legislation requiring that voters with print disabilities be provided an accessible way to mark their vote-by-mail ballot; and

WHEREAS, only the states of Colorado, Hawaii, and West Virginia have passed legislation to require an accessible way for voters with print disabilities to mark and return their vote-by-mail ballot; and

WHEREAS, voters with print disabilities in jurisdictions that do not provide an accessible way to mark and return their vote-by-mail ballot must either tell their choices to a sighted person and trust that person to mark the ballot as instructed, or they must go to a physical polling place to use an accessible ballot-marking device: Now, therefore

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization demand that all US states, territories, and districts that have not yet enacted legislation to require an accessible way to mark and return vote-by-mail ballots pass such legislation so that all voters with print disabilities have the same opportunity to vote by mail privately and independently as voters without disabilities, as required by the Americans with Disabilities Act.

Resolution 2022-03: Regarding Manufacturers’ Development of Accessible Medical Devices

WHEREAS, an increasing number of medical devices are being developed that provide individuals with the ability to practice independent self-care at home, leading to better patient outcomes; and

WHEREAS, as stated in the study, Improved Cost and Utilization Among Medicare Beneficiaries Dispositioned From the ED to Receive Home Health Care Compared With Inpatient Hospitalization, “Not only is home healthcare more effective at improving patient outcomes, but it is also a cost-effective alternative to hospitalization, saving both Medicare and taxpayers money"; and

WHEREAS, most medical device manufacturers are not working to integrate nonvisual accessibility features into the design and development of these medical devices, leaving far too many of them inaccessible to blind individuals; and

WHEREAS, many of these inaccessible devices—such as insulin pumps, home dialysis machines, and chemotherapy machines—are used to assist those with critical healthcare concerns, leaving the health, safety, and independence of many blind Americans in imminent danger; and

WHEREAS, accessibility is relatively easy and inexpensive to implement when it is incorporated in the design of a product from the outset and results in a product with a multimodal interface that is more useable by everyone; and

WHEREAS, members of the National Federation of the Blind are actively working with some manufacturers who have come to realize that the active participation of the blind is essential in the design and development of devices that will be nonvisually accessible, usable, and useful to the blind: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization demand that manufacturers work collaboratively with the blind to incorporate nonvisual accessibility in the design and development of their existing and emerging medical devices so that blind people can benefit from the improved quality of healthcare and cost-effective alternatives to hospitalization that they offer.

Resolution 2022-04: Regarding the Rights of Blind Prisoners

WHEREAS, the Bureau of Justice Statistics identified in 2016 that 11 percent of state and federal prisoners report having a vision disability; and

WHEREAS, the Rehabilitation Act and Americans with Disabilities Act protect the rights of individuals with disabilities, including those who are incarcerated; and 

WHEREAS, the United States Constitution guarantees citizens’ right to due process of law and prohibits cruel and unusual punishment; and 

WHEREAS, blind prisoners nationwide have reported disparate and discriminatory treatment by departments of corrections, including the denial of necessary medical care and prescriptions, failure to provide accommodations and effective communication, lack of equal access to training and work programs, and inclusion among dangerous prisoners; and

WHEREAS, this disparate and discriminatory treatment has forced many blind prisoners to purchase their own accommodations or to rely on the help of sighted prisoners, causing the blind prisoners to be beholden to other prisoners to read and write mail, navigate to the dining hall and other areas, read posted prison rules, use the law library, prepare grievances, and complete commissary sheets, among other tasks; and 

WHEREAS, this has compromised blind prisoners’ privacy and exposed them to extortion, stealing, and other harm; and 

WHEREAS, the lack of equal access to prison-based training and vocational programs has resulted in blind prisoners’ inability to earn wages, reduce their sentences through participation credits, and engage in work release; and

WHEREAS, blind prisoners who advocate for equal access and their other rights risk retaliation from prison staff and receive limited to no support from prison ADA coordinators, ombudsmen, and state and federal lawmakers; and

WHEREAS, the National Federation of the Blind has sued on behalf of blind prisoners in Maryland and Colorado and secured systemic relief within both states; and 

WHEREAS, discrimination against blind prisoners persists outside of this relief: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization demand that state and federal prisons comply with requirements of the United States Constitution, Rehabilitation Act, Americans with Disabilities Act, and other state and national disability rights laws; and 

BE IT FURTHER RESOLVED that this organization urge active state and federal oversight of the treatment of blind prisoners, including the provision of medical care, accommodations, and effective communication; equal access to training and work programs; and separation from dangerous prisoners.

Resolution 2022-05: Regarding Discriminatory Driver’s License Requirements in Non-Transportation-Related Jobs

WHEREAS, for generations blind employees have worked effectively in jobs that require travel by using mass transit and other forms of public and private transportation; and

WHEREAS, the job postings of many employers require applicants to possess a valid driver’s license to be eligible for the position, even though the essential functions of the position do not involve operating an automobile or other mode of transportation; and

WHEREAS, the Americans with Disabilities Act prohibits employers from requiring a driver’s license unless one of the essential functions of the position includes driving; and 

WHEREAS, modern job application software can automatically exclude applicants who do not have a driver’s license, denying the applicant the opportunity to discuss the possibility of a reasonable accommodation; and 

WHEREAS, these driver’s license requirements discriminate against blind people as a class because blindness makes a person ineligible to receive a driver’s license; and

WHEREAS, the United States Equal Employment Opportunity Commission (EEOC) is the leading federal law enforcement agency dedicated to preventing and remedying employment discrimination and advancing equal employment opportunity; and

WHEREAS, Objective I of EEOC’s 2018 to 2022 Strategic Plan states in Outcome Goal I.A: “Discriminatory employment practices are stopped and remedied, and victims of discrimination receive meaningful relief”; and

WHEREAS, since at least 2006, the EEOC has prioritized the elimination of systemic discrimination when it created its “Systemic Initiative” which identified, investigated, and litigated systemic discrimination cases; and 

WHEREAS, having a systematic, apparently neutral policy on driver’s licenses that eliminates disabled individuals from consideration is discriminatory; and 

WHEREAS, on June 21, 2005, the EEOC issued a memo stating, in part, that driver’s licenses can be required only where transportation of goods or people is the objective to be accomplished by the position; and 

WHEREAS, EEOC guidance is not binding law: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization strongly urge the United States Equal Employment Opportunity Commission to elevate the importance of eliminating the driver’s license employment barrier by issuing a rule that clearly prohibits discrimination by employers who require a driver’s license when driving is not part of the essential functions of a job.  

Resolution 2022-06: Regarding Audio Description and Text-To-Speech

WHEREAS, audio description is an auxiliary service for blind movie and television viewers that provides narration of key visual elements such as actions, facial expressions, scene changes, costumes, scenery, on-screen text, and other purely visual elements of a film or television program; and

WHEREAS, a growing number of broadcast and cable channels, as well as streaming services, are increasing the hours of audio description they provide in response to federal law and regulation, legal agreements, and expanding consumer demand; and

WHEREAS, some providers, such as cable television's The Hallmark Channel and streaming service Amazon Prime Video, are increasingly or exclusively using text-to-speech (TTS) voices rather than human narrators to verbalize scripted audio description; and

WHEREAS, in some cases TTS may be appropriate, for example in purely informational programming, but overall it is problematic for a number of reasons: (1) TTS often mispronounces character and place names and other important story elements, creating confusion; (2) TTS introduces awkward or incorrect phrasing; and (3) the tone of the TTS narration is often at sharp variance from the tone of the content, e.g. an overly robotic delivery for a light comedy; and

WHEREAS, regardless of how well the underlying audio-description script is written, all of these issues and others have the effect of jolting most blind viewers, distracting them from the content, and forcing them to focus on the delivery of the TTS narration, thereby defeating the purpose of enhancing the entertainment experience for these viewers that is the very reason for audio description; and

WHEREAS, while some providers justify the use of TTS in the name of providing more hours of audio description, there are thousands of professional voice talents, including many blind professionals, who are willing and able to do this work; and

WHEREAS, some defenders of TTS make the insulting suggestion that blind viewers ought to be grateful for the audio-described programming that is provided rather than complaining about the methods by which it is done, but blind users have every right to expect a quality audio-description experience just as sighted viewers have the right to expect full color, high definition, accurate subtitles and captioning, and other markers of quality, and are not and would never be expected to accept an inferior viewing experience: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization demand that television channels and streaming providers deploying audio description using TTS stop the use of this technology in the narration of audio description for content intended for entertainment; and

BE IT FURTHER RESOLVED that this organization demand that, before resuming any use of TTS, providers meaningfully consult with blind Americans in determining whether and when its use may be appropriate.

Resolution 2022-07: Regarding the Participation of Individuals with Disabilities in Medical Research

WHEREAS, federal public health policies and resource distribution are based on data; and 

WHEREAS, the Revitalization Act of 1993 and National Institutes of Health (NIH) created guidelines for including women and racial and ethnic minorities in medical research; and 

WHEREAS, the Revitalization Act does not require inclusion of individuals with disabilities in NIH-funded studies, leading to an absence of data regarding individuals with disabilities; and 

WHEREAS, blind Americans have been denied participation in critical medical studies by research institutions based on an individual’s blindness, inaccessible components of the studies, and the institution’s refusal to provide appropriate accommodations; and

WHEREAS, this denial of participation and subsequent lack of disability-related data prolong ableist attitudes about disability and further marginalize individuals with disabilities within the medical system; and

WHEREAS, research institutions such as Johns Hopkins Disability Health Research Center and Bloomberg School of Public Health have proposed strategies to increase participation of individuals with disabilities in medical trials, including adherence to universal design principles, incorporation of auxiliary aids in research protocols, and establishment of a federal disability-centered organization similar to the Office of Research on Women’s Health or the National Institute on Minority Health and Health Disparities: Now, therefore, 

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization commend those research institutions that have voluntarily included individuals with disabilities in their definitions of inclusivity and related research procedures and have called for national guidance to increase the participation of people with disabilities in medical research; and 

BE IT FURTHER RESOLVED that this organization call upon Congress and the National Institutes of Health to mandate inclusion of individuals with disabilities in NIH-funded research studies; and 

BE IT FURTHER RESOLVED that this organization demand that all research institutions implement policies and processes that include and accommodate blind individuals in medical research.

Resolution 2022-08: Regarding Consent Culture

FRAMING STATEMENT - Pause and read this aloud whenever this Resolution is discussed. 
Please note that, due to the purpose of this Resolution, it contains discussions of sexual misconduct. Its intent is that they be examples of why this Resolution is necessary. 

WHEREAS, Consent culture affirms and normalizes the following in both social and sexual interactions: that each individual has bodily autonomy, that the action of asking for consent is an expected practice, that boundaries stated in response are to be respected, that each person has the right to choose what is comfortable for them, and that the lack of consent or a clear and affirmative response constitutes a “no”; and

WHEREAS, consent violations, sexual misconduct, and sexual violence affect everyone, including blind and low-vision individuals; and 

WHEREAS, The Climate Assessment commissioned by the National Federation of the Blind and conducted by the Rape Abuse and Incest National Network (RAINN) shows that of the respondents:  

  • 58.8 percent believe that sexual misconduct is somewhat of a problem or a big problem within the NFB.
  • 55.7 percent have concerns about power dynamics,
  • 53.1 percent have concerns about difficulty communicating, understanding, and respecting interpersonal boundaries,
  • 46.1 percent have a lack of understanding about consent, and
  • 48 percent are confused about what sexual misconduct is; and 

WHEREAS, many of these areas of concern reported in the RAINN survey are also concerns for the entire blindness community generally, including interactions not associated with Federation activities; and

WHEREAS, blind people are not only physically and mentally harmed when they experience sexual misconduct or consent violations within the blindness community, they are also restricted from reaching their full potential and living the lives they want in their quest to receive necessary blindness services; and

WHEREAS, the National Federation of the Blind is the leader in advocating for, creating cultural change for, and promoting bodily autonomy for the blind, and is actively working to establish a culture of consent through advocacy, education, curriculum development and incorporation, consent language development, and the implementation of accountability practices: Now, therefore, 

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization call on all other providers of services for the blind to join the Federation in incorporating consent education and language into their curricula, policies, and procedures to foster a more general understanding and confidence in the blindness community around matters of consent and bodily autonomy.

Resolution 2022-09: Regarding Accessible At-home Medical/COVID-19 Testing

WHEREAS, the COVID-19 virus continues to cause significant illness and death; and

WHEREAS, despite all efforts to mitigate this pandemic through vaccinations and masking, COVID-19 continues to mutate and spread around the world; and 

WHEREAS, at-home tests are a critical resource in stopping the spread of the COVID-19 virus, and no one, including blind people, should be excluded from such important and potentially lifesaving testing opportunities; and 

WHEREAS, we appreciate the current administration’s effort to offer free at-home COVID-19 tests to all Americans, but are extremely frustrated that no effort has been taken to ensure that blind Americans have the ability to use any of the tests being distributed independently; and  

WHEREAS, the National Federation of the Blind has been able to engage with the administration and is currently collaborating on the development of home COVID-19 tests that have accessible instructions and their ability to be used independently by blind people; and 

WHEREAS, our experience has shown that, given the proper commitment to innovation, most technology available on the market can be made accessible to those who are blind or have low vision, including at-home COVID-19 tests; and 

WHEREAS, unfortunately, based on our testing to date of the many home COVID-19 test kits on the market, we have found only the Cue Health and Ellume Limited tests currently to be nonvisually accessible to the blind, and both these kits require the use of a smartphone, leaving blind people who lack the knowledge and/or the technology unable to use the tests independently; and  

WHEREAS, accessibility is relatively easy and inexpensive to implement when it is incorporated into the design of a product from the outset and in collaboration with the National Federation of the Blind, and results in a product with a multimodal interface that is more useable by everyone: Now, therefore,  

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization strongly urge companies working to develop at-home COVID-19 tests to work with the National Federation of the Blind to ensure that the tests, instructions, packaging, execution, and test results are nonvisually accessible to blind Americans. 

Resolution 2022-10: Regarding Increased Funding for the Independent Living Services for Older Individuals Who Are Blind Program

WHEREAS, the Independent Living Services for Older Individuals Who Are Blind program (IL-OIB) is authorized under Title VII, Chapter 2, of the Rehabilitation Act and managed by the Rehabilitation Services Administration (RSA); and

WHEREAS, according to the RSA's Report on Federal Activities Under the Rehabilitation Act of 1973 for Fiscal Years 2017-2020, the IL-OIB program allows grantees to "deliver training and independent living services to individuals who are 55 years of age or older and whose significant visual impairment makes competitive integrated employment difficult to attain but for whom independent living goals are feasible"; and

WHEREAS, in fiscal year 2020, the IL-OIB Program served 47,764 individuals nationwide, with federal funding of $33,317,000, which is an average of $697.53 per person served; and

WHEREAS, the RSA states in its report that these funds are used to provide services intended to promote adjustment to blindness and assist older individuals who are blind with "managing activities of daily living and increasing their functional independence by providing adaptive aids and services, orientation and mobility training, training in communication skills and Braille instruction, information and referral services, peer counseling, and individual advocacy instruction"; and

WHEREAS, the current level of funding provided through this program makes it impossible for the nation's vocational rehabilitation agencies to provide more than cursory access to adjustment to blindness training; and

WHEREAS, the intent of the program is to preserve or increase independence and extend the quality of life for older blind Americans while offering alternatives to costly long-term institutionalization and care; and

WHEREAS, an essential element for accomplishing this goal is allowing for access to meaningful, long-term training like that offered at a residential center for the blind; and

WHEREAS, in order to make that option available to older blind Americans, a substantial increase in funding for this critical program is required; and

WHEREAS, prioritizing enhanced funding for IL-OIB by the Department of Education and the Rehabilitation Services Administration could spur Congress to action on this issue: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization urge the Department of Education to request additional funding for this much needed program in order to make substantive training available to older blind Americans; and

BE IT FURTHER RESOLVED that we urge Congress to amend the Rehabilitation Act to mandate that all older blind Americans be offered the opportunity to receive long-term adjustment-to-blindness training at a center of their choice so that they can reach the goal of preserving their independence, improving their quality of life, and allowing them to age in place as opposed to spending the last years of their lives in a nursing home or other care facility; and

BE IT FURTHER RESOLVED that we strongly urge Congress to provide funding sufficient to allow this choice to become a reality for all older blind Americans who wish to take advantage of the opportunity for true independence.

Resolution 2022-11: Regarding Access to Cryptocurrency Exchanges

WHEREAS, on March 9, 2022, President Biden signed an executive order on Ensuring Responsible Development of Digital Assets, laying out a national policy for digital assets with six key priorities: consumer and investor protection, financial stability, illicit finance, US leadership in the global financial system and economic competitiveness, financial inclusion, and responsible innovation; and

WHEREAS, inaccessibility is a problem among the various cryptocurrency platforms and exchanges, as well as media platforms that report the performance of digital assets; and

WHEREAS, most cryptocurrency platforms and exchange services do not offer blind or deafblind investors appropriate accessibility for signup and account maintenance, nor are their infographics, charts, graphs, and other data and metadata accessible to the blind; and 

WHEREAS, blind and deafblind investors should have all the benefits of data available to other investors on cryptocurrency platforms to manage their digital assets: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization call upon the Administration to incorporate accessibility in any regulation of this technology, requiring that all major cryptocurrency platforms and exchanges in the United States develop and implement accessibility strategies, including web and mobile app accessibility and other components designed to be fully and equally accessible to blind and deafblind consumers; and

BE IT FURTHER RESOLVED that this organization demand that cryptocurrency platforms build their online and mobile applications in a manner that allows blind and deafblind users full financial inclusion, including the ability to access the same information, engage in the same interactions, and enjoy with equivalent privacy, security, independence, and ease of use the same services offered to other users.

Resolution 2022-13: Regarding the Continued Denials Experienced by Service Dog Handlers When Using the Lyft Platform

WHEREAS, Lyft is a rideshare company which offers automobile transportation services; and

WHEREAS, according to its own terms of service, Lyft riders cannot be discriminated against based on race, religion, or disability; and

WHEREAS, despite attempted educational efforts, service dog handlers everywhere continue to experience ongoing and flagrant discrimination by Lyft drivers when traveling with their service dogs; and

WHEREAS, these denials often result in the service dog handler being stranded in unfamiliar areas, thus compromising their safety; and

WHEREAS, these denials also result in service dog handlers being late to important medical appointments, work, or picking up their children from daycare, often leading to added monetary cost and undue stress and frustration; and

WHEREAS, the process to report a Lyft denial has become increasingly complicated due to the trip disappearing from the user’s ride history; and

WHEREAS, when service dog handlers attempt to report their denial using the Lyft platform, they are unable to provide pertinent information that will help to identify the driver accurately; and

WHEREAS, many drivers claim that allergies, religious beliefs, or their fear of dogs prevent them from transporting service dog handlers and their dogs, despite agreeing to Lyft’s driver terms of service: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization condemn and deplore Lyft’s continued discriminatory practices against service dog handlers; and

BE IT FURTHER RESOLVED that this organization demand that Lyft not remove any denied or refused trips from the rider history, and contact any person who submits a denial-of-service complaint within twenty-four hours and provide the person with confirmation that the report was received and will be addressed with due diligence; and

BE IT FURTHER RESOLVED that this organization demand that Lyft require prospective drivers to participate in mandatory service dog awareness training before being activated on its platform and that drivers be properly educated about the Americans with Disabilities Act, with an emphasis on the two questions that drivers can legally ask service dog handlers about their dogs; and

BE IT FURTHER RESOLVED that this organization demand that Lyft forbid their drivers from using allergies, religious beliefs, and fear of dogs as excuses not to transport service dog handlers and their dogs in their vehicles; and 

BE IT FURTHER RESOLVED that this organization demand that Lyft permanently remove any driver from the platform who discriminates by denying service to a service dog handler.

Resolution 2022-14: Regarding the Continued Denials Experienced by Service Dog Handlers When Using the Uber Platform

WHEREAS, Uber is a rideshare company which offers automobile transportation services; and

WHEREAS, according to its own terms of service, Uber cannot discriminate against riders on the basis of race, religion, or disability; and 

WHEREAS, despite past litigation and a settlement agreement with the National Federation of the Blind, signed by Uber in April 2016, service dog handlers everywhere continue to experience ongoing and flagrant discrimination by Uber drivers when traveling with their service dogs; and

WHEREAS, these denials of service often result in service dog handlers being stranded in unfamiliar areas, thus compromising their safety; and

WHEREAS, service dog handlers are often late to important medical appointments, work, or picking up their children from daycare, which leads to added monetary cost and undue stress and frustration when Uber drivers refuse to transport them; and

WHEREAS, the process to report an Uber denial has become increasingly complicated due to the trip disappearing from the user’s ride history; and

WHEREAS, when service dog handlers attempt to report their denial using the Uber platform, they are unable to provide pertinent information that will help to identify the driver accurately; and

WHEREAS, because Uber now offers a pet-friendly ride choice, many drivers insist that service dog handlers use this feature of Uber, which is discriminatory because service dogs are not pets and because it results in service dog handlers’  having to pay more for rides; and

WHEREAS, many drivers claim that allergies, religious beliefs, or their fear of dogs prevent them from transporting service dog handlers and their dogs, despite agreeing to the terms of service of Uber: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization condemn and deplore Uber’s continued discriminatory practices against service dog handlers; and

BE IT FURTHER RESOLVED that this organization demand that Uber not remove any denied or refused trips from the rider history, and contact any person who submits a denial-of-service complaint within twenty-four hours and provide the person with confirmation that the report was received and will be addressed with due diligence; and

BE IT FURTHER RESOLVED that this organization demand that Uber require prospective drivers to participate in mandatory service dog awareness training before being activated on its platform and that drivers be properly educated about the Americans with Disabilities Act, with an emphasis on the two questions they can legally ask service dog handlers about their dogs; and

BE IT FURTHER RESOLVED that this organization demand that Uber forbid their drivers from using allergies, religious beliefs, and fear of dogs as excuses not to transport service dog handlers and their dogs in their vehicles; and

BE IT FURTHER RESOLVED that this organization demand that Uber permanently remove any driver from the platform who discriminates by denying service to a service dog handler.

Resolution 2022-15: Regarding the Accessibility of Peacock

WHEREAS, Peacock is a streaming service provided by NBCUniversal, which in turn is owned by Comcast Corporation; and

WHEREAS, Peacock offers NBCUniversal shows and movies, as well as original and third-party content; and

WHEREAS, live sporting events, such as the Olympics and World Wrestling Entertainment programs, are also part of the Peacock content; and 

WHEREAS, Peacock is not accessible to blind customers using a screen reader to access the service, some examples of this include unlabeled buttons, lack of organization using headings, and playback controls that are not visible to a screen reader; and

WHEREAS, even though Peacock offers auxiliary services like audio description for some of its content, these services are difficult, if not impossible, to access due to the screen-reader issues mentioned above; and

WHEREAS, Peacock can be accessed with less difficulty on Comcast’s own Xfinity and Flex platforms, but because Peacock is available to customers who do not have Comcast, blind users should not be forced to maintain a Comcast subscription to have equal access, since this puts a premium on accessibility; and

WHEREAS, this popular streaming service has over 50 million free signups and 13 million paid subscribers, and it should go without saying that the blind should have the same opportunities as the sighted to use its content: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization demand that Peacock and NBCUniversal make a commitment to full and consistent accessibility across all platforms, including initial set-up and using all aspects of the service; and

BE IT FURTHER RESOLVED that this organization urge Peacock and NBCUniversal to work with the National Federation of the Blind to ensure that all Peacock apps, its website, and all other access methods across all platforms are fully accessible to the blind.

Resolution 2022-16: Regarding Audio Description in the Web Content Accessibility Guidelines

WHEREAS, for blind Americans the lack of equal access to information continues to be one of our greatest barriers to living the lives we want; and

WHEREAS, audio description can be an effective tool to provide access to visual information in video presentations; and

WHEREAS, in society today, especially in such arenas as education and employment, there is an emphasis on presenting information visually, using inaccessible screen-sharing technology in both live presentations and online platforms; and

WHEREAS, even though audio description is a good solution to the information gap problem, many people overlook the importance of employing audio description when they display informational text or graphics (PowerPoint presentations, Word documents, spreadsheets, graphics, etc.) via inaccessible visual-only means in training videos, educational presentations, business conferences, etc., because they view audio description primarily as a source for entertainment information from movies and television; and 

WHEREAS, presentations that rely on the visual display of information place blind people at a serious disadvantage, in their ability both to participate and to acquire knowledge; and 

WHEREAS, the World Wide Web Consortium recognizes the value of audio description and has included a definition and examples of its use in the Web Content Accessibility Guidelines (WCAG) 2.1, but these guidelines are weak and imprecise; and

WHEREAS, the current WCAG does not require the presenter to read shared documents, interpret graphics, or describe other written signs or messages that appear on the screen but are not accessible; and

WHEREAS, if the identical informational text or graphics are presented in a non-accessible manner in a video, existing standard WCAG (2.1, Levels A and AA) require that this information to be described only to the extent that those descriptions fit into "existing pauses in dialogue" which may not allow enough time for all of the information to be communicated; and 

WHEREAS, the World Wide Web Consortium has the perfect opportunity to strengthen these guidelines since they are currently revising WCAG; and

WHEREAS, according to its website, the US Access Board “promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards,” placing it in a position to help ensure that the revised WCAG guidelines grant greater access to information through audio description for blind people: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization strongly urge the World Wide Web Consortium to revise its guidelines to enhance the use of audio description in live and recorded presentations so that blind people have the same access to all information as their sighted peers; and 

BE IT FURTHER RESOLVED that this organization insist that the US Access Board engage in dialogue to strengthen the Web Content Accessibility Guidelines to promote access for the blind to all visual information in live or recorded presentations.

Resolution 2022-17: Regarding the Accessibility of TikTok

WHEREAS, according to various websites such as Investopedia.com, TikTok is a social media app dedicated to short-form videos of fifteen to sixty seconds created by users, emphasizing comedy and other forms of entertainment, as well as self-promotion and information about fashion, personal finance, and cooking; and

WHEREAS, TikTok is extremely popular with young people and claims to have one billion users and growing; and

WHEREAS, to participate fully in society, blind people must have equal access to the same social media platforms used by all to consume content and to contribute their own content if they wish; and 

WHEREAS, according to tiktok.com/accessibility, TikTok offers accessibility features, including photosensitive epilepsy toggle and warning, text to speech that reads embedded text, benefiting blind or visually impaired users, animated thumbnails, and auto captions, but while these features are a step in the right direction, more features are needed to provide true accessibility; and 

WHEREAS, TikTok makes no mention of following or attempting to follow any accessibility guidelines or standards, including WCAG, the internationally developed and widely recognized guidelines commonly adopted by those wishing to make digital experiences accessible; and 

WHEREAS, blind and deafblind people are denied the opportunity to participate in this medium on an equal basis with their sighted peers because some buttons and controls within the TikTok app have not been properly coded to interact with screen readers, making it very difficult to access content and use features; and 

WHEREAS, blind and deafblind content creators are denied the opportunity to engage with followers during live broadcasts without delays or difficulties because of the lack of accessible navigation and controls; and

WHEREAS, the accessibility barriers on the platform prohibit blind and deafblind individuals from creating content on social media as a form of employment, thus helping to perpetuate the nearly 70 percent unemployment and underemployment rate among blind people; and

WHEREAS, TikTok’s website presents many other accessibility challenges, including unlabeled elements, automatically playing videos with no obvious mechanism to control them, and many others; and 

WHEREAS, too many videos on TikTok lack auxiliary services such as closed captioning and audio description, making many of them inaccessible to blind and deafblind users because content creators need more education about the need and use of these features: Now, therefore, 

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization call upon TikTok to commit to make all of its digital experiences, including its apps and website, fully accessible by developing the teams and processes necessary to comply with the industry standard WCAG 2.1 AA guidelines; and 

BE IT FURTHER RESOLVED that this organization urge TikTok to eliminate the option to forego audio description, closed captioning, and other auxiliary services to creators and instead allow the end user to opt in or out of these services; and

BE IT FURTHER RESOLVED that this organization strongly urge TikTok to partner with the National Federation of the Blind to ensure that its efforts create and maintain an accessible experience for blind and deafblind TikTok users who consume and create content.

Resolution 2022-18: Regarding the European Accessibility Act and Accessible eBooks

WHEREAS, eBooks now represent over 20 percent of all publications currently sold in the United States, with publishers reporting the percentage of eBooks sold increasing every year; and

WHEREAS, it is possible for each of those eBooks to be fully accessible to the blind and other persons with disabilities through the use of nonvisual and other access technology; and

WHEREAS, there is no law in the United States which directly mandates that all eBooks be accessible from the beginning of their existence; and

WHEREAS, the European Union adopted the European Accessibility Act, which requires that all eBooks—among many other goods, services, facilities—be fully accessible to persons with disabilities by June 28, 2025; and

WHEREAS, the law also requires the entire supply chain for eBooks (retailers, e-commerce sites, hardware and software reading solutions, online platforms, digital rights management solutions, etc.) to provide accessible content; and

WHEREAS United States publishers will be subject to the European Accessibility Act and its requirement that eBooks be sold in an accessible format; and

WHEREAS, work is going on right now in Europe to plan how publishers will meet the requirements of the law by June 2025; and

WHEREAS, it only makes sense for United States publishers to engage in similar work, not only to be eligible to sell in the large European market but also to embrace inclusive publishing principles and thereby expand their markets: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that we urge Congress to adopt a law requiring that all eBooks being sold in the United States market must be fully accessible by June 28, 2025 and that the law also require the entire supply chain (retailers, e-commerce sites, hardware and software reading solutions, online platforms, digital rights management solutions, etc.) to provide accessible content; and

BE IT FURTHER RESOLVED that we call upon United States publishers to work closely with their European counterparts to adopt the most robust standards, assuring that all eBooks are born accessible wherever they are sold.

Resolution 2022-19: Regarding Disqualifying Subminimum-Wage Employers from Fair Trade Certification

WHEREAS, since 1998, Fair Trade USA® has empowered producers, promoted sustainable livelihoods, enabled more transparent business operations, and improved supply chain practices; and

WHEREAS, the purchase of products with the Fair Trade Certified™ seal has generated $846 million to farmers, workers, and fishers who have used those funds to directly improve their lives and communities; and

WHEREAS, Fairtrade America® is a similar organization offering similar certification, with social standards typically at the co-op or producer organization level, which do not allow exploitative child labor or any discriminatory employment practices; and

WHEREAS, when consumers purchase products which are fair trade certified by either entity, they commonly expect that fair trade principles have been monitored and practiced throughout the supply chain for that product; and

WHEREAS, section 14(c) of the Fair Labor Standards Act of 1938, as amended, allows employers with special wage certificates from the United States Department of Labor to pay workers with disabilities less than the federal minimum wage based on their disabilities; and

WHEREAS, paying subminimum wages to workers with disabilities is unfair and discriminatory; and

WHEREAS, neither Fair Trade USA nor Fairtrade America include any mention of Section 14(c) subminimum wages for workers with disabilities in their certification standards: Now, therefore,

BE IT RESOLVED by the National Federation of the Blind in Convention assembled this ninth day of July, 2022, in the City of New Orleans, Louisiana, that this organization urge Fair Trade USA and Fairtrade America to include language in their certification standards to disqualify any applicants for fair trade certification who use Section 14(c) special wage certificates allowing employers to pay subminimum wages to workers with disabilities at any point in their supply chain.