The American Council of the Blind (ACB), which took the case,
has called it a "major victory". The Court said that the SSA had
been "quick to find lame excuses for noncompliance but exceedingly
slow to favor accommodations" with the US Rehabilitation Act.
The SSA offers an option for blind or partially sighted people
to be read communications down the phone but call centre staff must
only try to reach the person three times and letters with many
legalistic clauses or large, unchanging sections of 'boilerplate'
text can take half an hour to read, the District Court for the
Northern District of California said.
The ACB and two groups of three million people demanded that the
SSA offer communication via Braille, large print, email, CD, and
audiotape recordings. The SSA refused and the ACB and the 3m users
took it to court.
The Court has ruled that the SSA must start making information
available in the accessible formats by April of next year. It said
that the SSA had been unhelpful.
"The agency has greatly exaggerated the burden and risks
associated with extending accommodations beyond [the current
setup]," said the Court's ruling. "The vast majority of SSA’s
'burden' and 'risk' evidence is larded with speculation."
The Court said that Section 504 of the Rehabilitation Act, which
prohibits discrimination against people with disabilities, required
that the SSA communicate with blind users in the accessible
formats.
The Court said that the SSA had not even accepted that it had
duties under Section 504 until forced to do so by an earlier court
hearing.
"Section 504’s implementing regulations require that the agency
take steps to ensure effective communication. No such steps have
been taken," said Judge William Alsup in the ruling.
The Court discounted some of the delivery media requested by the
people behind the case. "Audio cassettes are now passe and will not
be ordered on a class-wide systematic basis," said Judge Alsup.
"Large print is too burdensome and those with low vision can read
existing notices with magnifying glasses or other home tools and/or
will be able to benefit from the CD relief that is ordered. Email
would be very handy but the risk of personal identifiable
information being stolen is too great."
He did say, though, that the SSA must be prepared to send
Braille or electronic versions of material.
"Braille will cover most older recipients and recipients blind
from birth. A Microsoft Word CD will cover recipients with access
to computers. These two groups overlap and it is highly likely that
one alternative or the other (or both) will satisfy the vast
majority of blind and visually impaired individuals," he said.
"This ruling signals a major victory for the disability rights
movement, and it sets a precedent for the obligations of other
federal and state agencies to accommodate people who are blind or
have visual impairments," said a statement by the Disability Rights
Education and Defense Fund (DREDF).
"Arlene Mayerson, Directing Attorney for the DREDF, emphasized
that providing alternative formats to blind and visually impaired
individuals is a civil right to equal access analogous to providing
ramps for wheelchair users," said the statement. "She urged other
agencies to take stock in light of the legal precedent established
in the order."
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