Debra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
I am often asked in my global travels, – “Why does the United States litigate so much?Why do you always sue each other?”Or I get comments that start like this: “You Americans..” That always make me smile and cringe because I figure the person is going to take a shot at my country. I am proud to be an American, but I also believe that the United States can learn a lot from other countries on many subjects, especially on Disability Inclusion, ICT Accessibility and Accessibility of the Built Environment.So why does the United States litigate so much?
Recently, an accessibility expert from Sweden asked me a question during #AXSChat, a tweet-chat held each Tuesday at 3pm on Twitter about #Disability Inclusion and Accessibility.She said, “Debra, do you think the United States would have made as much progress without litigation?”I have been asked that question many times in my travels.
I answered, “Unfortunately, I do not think we would have had the same progress.Our reality is that in the US we create legislation and then pound out our laws by litigating with each other.Then we refer to the legal cases to determine the best way to follow and strengthen our laws.”
Neil Milliken, Head of Accessibility and Digital Inclusion at Atos and co-founder of #AXSChat, sees litigation for accessibility as a possible solution elsewhere.
Neil Milliken
“In the UK disability legislation has since 2010 been part of the broader Equality Act (EQA2010). Whilst there have been a few cases they have predominantly focused on services and employment the law places a duty on organizations and people not to discriminate and to be proactive in doing so.
Although I am not a fan of the sometimes parasitic model of litigation that we see outlined by Debra in the US, I do feel that accessibility in the UK could benefit from a test case much like some of the early class action cases in the US so that case law can help define and refine the understanding of Digital Accessibility and companies can meet what are currently poorly understood and often ignored legal obligations.”
Although the process took many years to achieve, I will never forget the brave leaders who fought for our rights for so long. Staging protests, rallying, speaking to the press, and organizing events all strongly affected the eventual passage of the ADA. One protest stands out to me. It became known as “the Capital Crawl”. Over 1,000 disability rights activists and protesters left their wheelchairs and mobility devices and crawled up the 83 steps of our Capital Building, simply asking for the same rights and equality any other American had.
These amazing leaders fought for the Civil Rights for Persons with Disabilities. As a result, the
Image Credit. Capital Crawl – American with Disabilities Act of 1990, ADA supporters crawling up the steps of the U.S. Capital building on March 12, 1900
American’s with Disabilities Act (ADA) was signed into law by President George Bush on July 26th, 1990. Our family applauded these leaders knowing that they were fighting for all of our rights, including those of our daughter, Sara Ruh who was born in 1987 with Down syndrome.
Would the United States have made as much progress without laws like the ADA or Rehabilitation Act of 1973, Section 508, 504 and 503?I do not believe we would have made the progress.I also believe that these leaders efforts encouraged other countries to fight and to continue to fight for their rights.Now we have the United Nations Convention for the Rights of Persons with Disabilities. (CRPD).I am hopeful the United States will ratify that convention in 2016.
Could we have made as much progress without these laws and litigation?I do not think we would have.Why?Organizations mean well, -but they have many competing interests.For clarification, -I use the word “organizations” as a placeholder for corporations, nonprofits, universities, local, state and federal agencies.
President George Bush signs the ADA into Law on July 26, 1990 – Surrounding him on the South Lawn of the White House are (left to right, sitting) Evan Kemp, Chairman of the Equal Employment Opportunity Commission, and Justin Dart, Chairman of the President’s Committee on Employment of People with Disabilities; (let to right, standing) Rev. Harold Wilke and Swift Parrino, Chairperson, National Council on Disability. Image from the George H.W. Bush Presidential Library. Photo Credit linked in Image.
Most organizations create an annual strategic plan and update it throughout the year.The organization has to determine their strategic focus by considering many moving parts including changing laws, standards, industry changes, business climate, and risks.
Inclusion of individuals with disabilities has become more of a risk in the last few years.A few years ago a colleague mentioned a conversation with a General Counsel of a Fortune 100 firm.The General Counsel and Chief Compliance Officer noted that he had accessibility on his risk list for many years but it was way down on his list – maybe on the 15th page of things he was worried about. He noted that recently it has moved up to about page 3.Still not the top three things that kept him up at night, but it had moved up significantly on the things that were adding risk to the firm.What is keeping him up at night? These organizations have a lot of risk to worry about- such as privacy, security, globalization, branding, changing technology, and many other items.
For years, the United States has seen ADA complaints and lawsuits about disability discrimination and inaccessible websites.Most of this litigation is settled out of court.The most famous case was the complain against www.Target.com that turned into a class action lawsuit and was eventually settled out of court.It is interesting to note that www.Target.com is now one of the most accessible websites.
A Handicap Symbol with Target Logo within the wheelchair. Image Credits.
There is a troubling trend happening in the United States with a significant uptick in legal complaints and filings.Recently a law office sent a letter out to many major online retailers threatening them with lawsuits because their websites were not compliant or accessible.The letter told the retailers not to reach out to accessibility consultants.Instead, they were told to contact the law office and they would arrange to get them accessibility help with their websites.
A growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses. Image Credits – Laptop Image created by Emily Ha
Most of these attorneys are conscientious and want to assure that the websites are accessible to individuals with disabilities. However, a growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses and universities.Why?Well, most websites are still inaccessible to persons with disabilities.They understand that inaccessible websites can be a gold mine if lawsuits are won or settled on the behalf of the plaintiff.
Lady Justice with money tipping the scale.
Some lawyers actually do not care if the website is ever made accessible.They work with clients with disabilities and go to different websites and see if they are accessible.If they are not accessible, the lawyer files a case and hires an accessibility subject matter expert to validate that the site is not accessible.Then the organization being litigated against agree to pay a settlement.The attorney takes the lion share and then pays out the plaintiff.Those law firms keep accessibility experts on retainers and some are getting a large lump sum for each case. Generally, these cases do not go to trial.The problem is that the websites are not made accessible so individuals with disabilities lose.
This also happens with ADA complaints against small businesses because the business was not physically accessible.I understand the ADA is over 25 years old and it is past time that the Built Environment and Internet, Communications and Technology should be accessible.My complaint is directed to lawyers who make money via litigation but there are no expectations of access.
“ADA Requirements” on a laptop’s screen. Image Credits. Laptop ADA Image created by Emily Ha
Universities are also being targeted because of inaccessible websites, student portals, eLearning and other accessibility issues with their ICT.Individuals with disabilities are attending and graduating from universities in record numbers in the United States.It is critical that all students have full access to every aspect of the educational process.
Dr. Christopher Lee
“It’s true that U.S. higher education institutions face liability for inaccessible web content and technologies much like they did in the 1990s with inaccessible buildings. In fact, at last count, we’ve had over 27 higher education accessibility lawsuits, complaints, and settlements in recent times. However, there is very limited advocacy coming from people with disabilities compared to the ‘Capital Crawl’ movement. The driving force for change has been the National Federation of the Blind and the U.S. Department of Labor and their federal agency counterparts.
What can Universities do to protect themselves from legal complaints while still meeting the needs of the students with disabilities? The first and primary step is to develop and implement an information and communication technology (ICT) accessibility institutional policy and procedure.
There are several resources and good examples to draw upon. One helpful resource is the summary web page that has been published by The University of Washington. What we’ve seen is that ensuring compliance, securing the resources and maintaining procedures as technology shifts are usually the primary challenges institutions face.” -Dr. Christopher Lee, Department Head of AMAC Accessibility Solutions and Research Center
Some lawyers are adding a lot of value to these conversations.One of the best recognized attorneys in my opinion is Lainey Feingold.Lainey has become a champion to many in the community of persons with disabilities.
I visited her website, and gathered this information.
Lainey Feingold is a disability rights lawyer who works primarily with the blind and visually impaired community on technology and information access issues. She is nationally recognized for negotiating landmark accessibility agreements and for pioneering the collaborative advocacy and dispute resolution method known as Structured Negotiations.
Structured Negotiation is a collaborative and solution-driven dispute resolution method conducted without litigation. The goal is to help the organization become accessible so that the community of persons with disabilities and many other parts of the population, including aging citizens and non-native speakers, can have access to the content of your website with no ulterior motive.
Structured Negotiation appears to be a win win for everyone because the goal is to reduce the digital divide and provide access to everyone.
What do you think?Are we moving equal rights to technology, employment, transportation, housing and other parts of society forward by litigating in the US?
Join Neil Milliken, Antonio Santos and me on our weekly Twitter Chat. Just search the hashtag #AXSChat at 3pmEST and join the conversation. We chat about disability inclusion, empowerment, employability and accessibility.
Ruh Global has created a survey for clients to determine travel preferences for people with disabilities and all stakeholders. Please take this survey and pass to others to complete. Thanks for helping us gather this critical data. Our goals are to encourage hospitality and tourism to value, accommodate and include people with disabilities. Please share and take the survey. It is not only for people with disabilities but family members, friends and other stakeholders.
TecAccess, Making the world of technology accessibleDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
Social Media and Accessibility
By Debra Ruh, CEO of Ruh Global Communications
A photo of Debra Ruh in High School
I am a big communicator and to be honest it got in trouble a lot in school for chattering. In High School, teachers said that I couldn’t stop talking and my Mom often got notes about this issue. I remember in 5th grade my teacher saying if one more person talks or laughs you will be staying after school. You guessed it that made me giggle and yes – I stayed after school and then stay in my room that weekend on restriction. I love to talk, sing, write and just chatter. My family and friends understand and usually appreciate this about me. Sometimes I think my husband wouldn’t mind gagging me but after 29 years of marriage he would never openly say that because then we would have to “talk” about it. He says that I even talk in my sleep.
A photo of Debra Ruh, always an iPhone near by!
So I bet you have guessed it – I LOVE social media. Social Media allows me to chatter with people all over the world. Plus I can get instantaneous chatter back, I remember when Virginia had our earthquake (okay California- no wise cracks) it was traumatic for us. I couldn’t believe how many aftershocks we felt. One night we had a 5.3 aftershock and it woke everyone up in the house. My husband and daughter went back to sleep but I was shaken and started thinking scary thoughts like what if a really big one comes and what if a tree falls on the house. I have a great imagination and sometimes I don’t appreciate it late at night. So I got up and got on my social media to chatter about it and calm my nerves. I chattered with people all over Richmond and it really helped calmed me down and made me feel safe knowing others were feeling the same way.
I also use social media to chatter about the community of people with disabilities (PwD) and accessible Internet, Communications and Technology (ICT). I believe that the community of PwD is starting to find our voices via social media. However, there are some significant accessibility problems with social media. We find that many social media tools and applications are not blending accessibility into their products. So PwD are often left out of the social media conversation and movement because they are inaccessible
Really – come on – can’t everyone be allowed to participate? If we don’t make social media accessible than we continue to widen the “Digital Divide” and according to the World Health Organization (WHO) one in seven people are impacted with disabilities worldwide. Plus 1 out of 3 households in the U.S. are impacted by disabilities. Worldwide, this group numbers 500-750 million people and is a key influencer of the public’s perceptions.
The Internet has opened many opportunities and has greatly improved the quality of life for these users, but they still face barriers. You might think of disabilities in extreme terms such as blindness and deafness, but it also includes many others with visual or hearing impairments that are increasingly common in our aging population, and other challenges such motor and cognitive impairment.
Can an organization really afford to lose this audience? I don’t think so and this community is really chattering on the more accessible platforms so if social media tools are not accessible those platforms stand to lose out on major benefits.
Sometimes we hear that it is too hard to make an application or platform accessible. How ridiculous – accessibility should be built into the system just like you would build in privacy, security or usability.
Accessibility Features on an iPhone. Image Thanks to AMAC Accessibility Solutions www.amacusg.org
There is NO excuse to not make your Social Media applications fully accessible so that everyone can use them. In years past, developers were afraid that making the application accessible would make a system less usable or “dummy” the system down. Once again, ridiculous – we have seen amazing strides with accessible social media and now it is BAD design if you do not blend accessibility into the process level.
Want to know more? Join our free webinar on Accessible Social Media or download a free trial version of our Accessibility Management Platform (AMP) it is a knowledge platform that has tons of tips, online training and suggestions for making applications fully accessible.
For further information about TecAccess and their current endeavors, visit their website at SSB Bart Group
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
TecAccess, Making the world of technology accessibleDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
The ROI of Hiring Technologists with Disabilities
By Debra Ruh, Founder of TecAccess, CEO and Founder of Ruh Global Communications
Employers looking to gain a strategic edge may find that hiring technologists with disabilities provides an attractive return on investment. Technologists with disabilities give everyone from private industry to educational institutions a way to improve the accessibility of their technology, hire a diverse workforce, and drive in more business by focusing on social responsibility and inclusion.
“ADA Requirements” in a laptop
Individuals with disabilities represent a huge market segment and a large untapped workforce. Additionally, with the recent amendments to the ADA and the updates coming soon to Section 508 of the Rehabilitation Act, technological accessibility needs to keep pace with the new legislation. These developments will require employers to address accommodation issues in the workplace, something that can be helped by having employees with disabilities in high tech and management positions.
However, disability related myths can impede this process. I worked with one large company that basically said, “We are going to decide what jobs can be done by persons with disabilities and then direct individuals with disabilities to those positions”. But it’s not the place of the employer to determine what jobs people with disabilities can do. An employer simply need to make sure that its HR systems and processes are fully accessible, and if a candidate applies and is qualified for the job, interview them and hire them to do the job. Period.
Employers can make a wise investment in hiring technologists with disabilities. A recent Department of Labor report indicated that workers with disabilities consistently meet or exceed the job performance of coworkers without disabilities. One good example can be found in a Canon facility outside of Chicago that began refurbishing cameras. They hired people with intellectual disabilities and the first year the program saved over $19 million. They also noticed that the plant’s overall productivity increased at a higher rate than other locations. Employees at the plant also reported increased morale and pride to work for the company. Such intangibles can be valuable to employers seeking a competitive edge in the marketplace.
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
TecAccess, Making the world of technology accessibleDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
What type of mobile phone user are you? Are you a Blackberry, Android, iPhone or another device? I am still a Blackberry user and fairly happy but peeking over the fence at iPhone and Androids. At first I stayed with the Blackberry because I travel internationally and they seemed to get better coverage. Plus I work all the time (bad habit of mine) and Blackberry really met my needs. However after I started using an iPad in May 2011, yes I was a slow adopter but thanks to Tim Springer I went to the other side and I really love my iPad. I like it so much that now I am considering moving to the iPhone to replace my Blackberry. Now I am not willing to give up my windows based Laptop but using all these devices together is sublime.
My daughter, Sara Ruh, using different Apple Products simultaneously. Sara has Down Syndrome and loves the Accessibility Features that Apple’s Products offer
I have a lot of choices however many people have very few choices because there are still a lot of accessibility problems with mobile phones not to mention the Digital Divide where many consumers cannot buy the latest device available. It is discouraging to see my friends and family not having the same choices that I do because of accessibility issues.
In February CBS News did an article stating that the number of mobile phone subscriptions had reached 4.6 billion and was expected to hit 5 billion in 2011. It is critical that everyone have access to communications and technology and that includes people with disabilities.
“Mobile phone providers in rich countries offer advanced services and handsets, while people in developing countries increasingly use the mobile phone for health services and banking, said the International Telecommunication Union (ITU). “Even during an economic crisis, we have seen no drop in the demand for communications services,” said the agency’s Secretary-General Hamadoun Toure.” (1)
Accessibility Features on an iPhone. Image Thanks to AMAC Accessibility Solutions
Mobile devices are being used to access all kind of data including financial data. “Between 500 million and 1 billion people will access financial services by mobile by 2015, depending on estimates. The MFS market will be dominated Asia, driven by mobile operator-led initiatives in developing nations to bank the unbanked. Remittance/transfers by mobile is growing three times faster than m-banking.” (2)
So what needs to be done to assure everyone can participate. A good first step is to design the device following Universal Design and Accessibility Standards. Blind, Vision Loss, Deaf, Hard of Hearing, Mobility Impairments, Intellectual Disabilities and the Elderly are impacted by inaccessible devices.
W3C logo. image from: wr.org
According to the W3C:
“More concretely, many of the mobile devices’ limitations match a number of well-known disabilities:
the small screen can easily induce pages with very small characters,
the limited viewport makes layout and browsing context changes as disturbing as for someone with limited vision,
the sometimes difficult lighting conditions (e.g. from using a phone screen under the sunlight) can make colors and contrasts as difficult to identify as for a person with colors perception problems,
the lack of mouse matches the inability of some persons to use a mouse due to motricity difficulties,
likewise, the very limited and often hard-to-use keyboards available on mobile devices is evocative of the difficulties some persons with disabilities can have to interact with a keyboard
the social and mobility context of some mobile users make the use of some modalities (sound, video) for multimedia content inappropriate, matching the inability for some people to hear sounds or see images
in a mobile context, a user might have a very limited or patchy attention span, as someone with a cognitive disability might have
on mobile networks where time and cost are often limiting factors, being able to determine what an image is before it gets downloaded matters — at having such a description would help a blind user
the use of some technologies (plug-ins, scripts) might not be possible on a number of mobile devices, like they wouldn’t be usable with a number of assistive technologies” (3)
Everyone needs access to the internet, communications and technology. I applaud companies that have made accessibility part of the development life cycle. In the future, I will be blogging about some of these amazing best practices.
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
Steve Jobs. Image from: www.businessinsider.comDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
What obligation do we have to society? Are we born to improve lives for other people or to just take care of ourselves and our families? I believe that we are born into this amazing and complicated world to contribute. We should use the many gifts we have to make the world a better place. I also believe we can bloom where we are planted regardless if we have access to resources and money.
A photo of Sara Ruh as a baby
In 1987 a doctor told my husband and me that our 4 month old daughter had Down syndrome. We were stunned, confused and devastated. What would that mean for this baby and for our lives? I also started to wonder what I could do to help the community of people with disabilities. Over the years we figured that out step by step because there are so many ways we can contribute to our society and communities. Our daughter continues to inspire us every single day and we work hard to add value to the community of people with disabilities.
Steve Jobs is a shining example of what can be done to make the world a better place. How can technology make the world a better place? The ways are abundant. Technology can be used to help a young child communicate with their parents for the first time using the iPad and some cool applications. Allow a brilliant writer with Cerebral Palsy to finally write that book that has been locked in her head. Help a programmer with vision loss become more productive because now they have access to better communications and tools. Help a veteran with TBI remember the sequence of steps to handle an application that he rarely use to support his job as a technician.
Technology can help level the playing field. Can it solve all the problems? Of course not but it can allow people with disabilities to actively participate in all aspects of society including the workforce.
I have never met Steve Jobs and was surprised at the impact his passing had on me. I am very sad and feel the loss in a way that is deep and surprising. To help me work through these feelings – I reached out to others feeling the same way via social media and started reading and contributing to the chatter.
Tim Carmody, Author for Wired Image from: www.niemanlab.org
One post that touched me was created by Tim Carmody a contributor to Wired Magazine. I have never met Tim but after reading his tweet knew he was “part of my community”.
Tim’s tweet:
“@tcarmody I’m on my way to PHL to see my son, who uses a device Steve Jobs invented to help him talk. He will never know. He will never know.”
That tweet gave me chills as I read it and brought tears to my eyes.
I then read his blog:
“My son is on the autism spectrum and has a severe receptive and expressive language delay. He’s 4 years old, and can read and spell words, and sing entire songs, but is more like an 18-month- or 2-year-old in normal conversation. He cannot use a telephone and has a hard time sitting still for video telephony. He has a thoroughly well-loved iPod Touch, filled with videos and apps that have helped him learn to speak and augment his ability to communicate.
My tweet about my son was retweeted almost 500 times, more than anything else I’ve ever written in 140 characters, and put me in touch with other parents of children with special needs — strangers — some seeking information, some wanting to share their stories.
It may be a stretch to say Steve Jobs invented the iPod Touch or most of the technologies contained in it. But Steve Jobs certainly put it in my son’s hands, both by making it a sub-$200 device (and in our case, giving it away free with a laptop) and by helping to create an ecosystem of software applications for people with disabilities — perhaps especially communication disabilities.” http://www.wired.com/epicenter/2011/10/steve-jobs-disability/
My daughter, Sara Ruh, using different Apple Products simultaneously. Sara has Down Syndrome and loves the Accessibility Features that Apple’s Products offer
I think that summed up what I was feeling – Steve Jobs changed the world with his technology, leadership and ideas. I watch our 24 year old daughter with Down syndrome use her iPad to play Angry Birds, listen to podcasts, improve her reading, communicate with her friends and surf the net. She has used other laptops and operating systems but always with a lot of help. With her iPad she can do all of this independently and it has improved the quality of her life. Many times adults like Sara Ruh get isolated after they leave the school system. She works part-time for Nordstrom’s but her hours were cut back during the worst of the economy. She has worked for Nordstrom’s for over five years and is proud to be one of their team members. The iPad allows her to stay connected with friends and an active part of society. Those accomplishments may seem small to some people but believe me these are life changing accomplishments for our family.
1 out of 3 households in the U.S. is impacted by disabilities. Worldwide, this group numbers 500-750 million people and is a key influencer of the public’s perceptions. Recently the World Health Organization published a report that noted 1 in 7 people worldwide are impacted by disabilities. The Internet has opened many opportunities and has greatly improved the quality of life for these users, but they still face barriers. You might think of disabilities in extreme terms such as blindness and deafness, but it also includes many others with visual or hearing impairments that are increasingly common in our aging population, and other challenges such motor and cognitive impairment.
Plus this is not just about people with disabilities, 96% of American has said they will spend more money to support an organization that includes everyone and is involved in social good.
Want to understand the strength of the chatter by our community – look no further than Apple under the amazing leadership of Steve Jobs. They made the iPhone and iPad accessible for the community of people with disabilities. We are now singing their praises and buying their products like never before. I have read and written article after article, blog after blog about their efforts.
Design is not just what it looks and feels like. Design is how it works. Image from: tophdimg.com
Steve Jobs has left an amazing legacy and the world is a better place because he was part of it. He will be missed and many of us will wonder what else he could have done if he had more time. Steve Jobs will be remembered forever and I believe that his legacy will continue to grow and expand. What legacy will you leave?
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
TecAccess, Making the world of technology accessibleDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
Debra Ruh argues that making digital publishing available to a broader range of people with disabilities is good for a company’s image, and good for the bottom line.
The advent of print-on-demand (POD) and ebooks has gone some way to making books accessible to more people with disabilities (PwD), but there is a long way to go. Part of the problem is that people think of disability in extreme or narrow terms, such as blindness and deafness, when it also includes many other types of disability, such motor and cognitive impairment, and, in an ageing population, increasing cases of visual and hearing impairment. And part of the problem is that some publishers seem to consider accessibility something that has to be done to avoid litigation risk rather than understanding the real opportunities to expand business.
But it is a potentially huge market. Statistics show that more than half the global population has a connection to disability.
The American Association of People with Disabilities estimates that the number of people with disabilities impacts an estimated 1 in 3 households in the US.
Worldwide, this group numbers 500-750 million people.
People with disabilities have almost two times the spending power of teens and more than 17 times the spending power of tweens (ages 8-12) – two demographics often sought after by businesses.
The New York Times reported that spending by travelers with disabilities exceeds $13.6 billion annually.
Marketing studies of the Atlanta Paralympics (Solutions Marketing Group, 2003) reveal that even households with no disability connection felt goodwill towards companies that included people with disabilities in advertising and were more likely to buy their products.
WE Magazine, a lifestyle publication for people with disabilities, reports that people with disabilities spend $700 billion a year on technology.
And as we age, more people acquire disabilities. And as we age, more people acquire disabilities. And as we age, more people acquire disabilities. And as we age, more people acquire disabilities. And as we age, more people acquire disabilities.
According to AARP (formerly the American Association of Retired Persons), 4 million Americans
In the same Census, the percentage of PwD is larger than any single ethnic, racial or cultural group. At 19.3%, the number of people with disabilities exceeds the next largest group – Hispanic people (14.9%) – by a fairly wide margin.
And these numbers do not include the family and friends that support inclusion for people with disabilities.
There may also be unexpected benefits for publishers’ other customers. Many things that were designed for people with disabilities have, over time, benefi ted the
Debra Ruh with her daughter Sara turn 50 each year. Many adults will experience age-related physical changes that may aff ect hearing, vision, cognition and mobility after age 50. And while they may not think of themselves as having disabilities, they often seek out businesses that accommodate those changes by off ering more accessible services.
There are 76 million baby boomers in the US. AARP studies show that more than 46% of people over the age of 65 have a disability.
Likewise, the 2000 US Census reported that almost 42% of older adults (65+ years) have one or more disabilities. mainstream public too. Curb cuts were created for people using wheelchairs, but everyone uses them now – for strollers, shopping carts, vendors delivering to a store, etc.
Text-to-speech was created for people that could not communicate in the traditional manner, but now many kiosks and automobiles have this feature. My Toyota communicates with me via simple commands and the keyless entry is convenient for people with disabilities.
Captioning was created for people that are deaf or hard-of hearing, but is now used more widely – on TV’s in gyms, fast food restaurants and airports.
But sometimes the reverse can happen and something designed for the mainstream benefits people with disabilities. Outside the publishing world, one example is the front-loaded washing machine. A friend of mine, who is 3’ 11”, describes washing and drying clothes before the front-loaded washer and dryer were available. It is a funny story, but the interesting part for my purpose here is that she bought the front-loaded machines as soon as she saw them – even though she had not been in the market for these expensive purchases before. Of course ebooks and POD are also examples; created for mainstream.
It is a potentially huge market. Statistics show that more than half the global population has a connection to disability convenience, they have become invaluable for people with disabilities.
One company that has seen the business opportunities of embracing our community is Apple. It is said to be taking steps to make its iPhone and iPad more user-friendly for people with disabilities. Since the products all use touch screens, someone with visual or mobility impairments can have trouble with the devices. However, in a recent filing with the US Patent and Trademark Office, Apple has said it is seeking to patent a method for connecting its products to accessories that could act in place of a touch screen. Their products have always been thoughtfully designed, with assistive technology included in all of their devices as a standard feature. Now it looks like they are planning to take it a step further – raising the bar for accessible mobile technology.
Apple and Accessibility Image from: www.rde.nsw.edu.au
Why would a company as smart as Apple care so much about this market segment? I would say that it is because Apple is getting a solid return on investment. My family will certainly continue to buy their products – not only because they are convenient and easy to use, but because we choose to support companies that make their products and services accessible to all people.
My daughter, Sara Ruh, using different Apple Products simultaneously. Sara has Down Syndrome and loves the accessibility Apple offers
And there are examples from the publishing world too. Th e Hachette Book Group announced in June that it was making its website accessible to Americans with Disabilities, through a new alliance with eSSENTIAL Accessibility. A new tool will extend Hachette’s online services to individuals with physical disabilities.
“Readers are naturally curious about their favorite books and authors,” says David Young, Chairman and CEO of Hachette, “and our websites are rich with information. Providing the disability community with easy access to our sites helps foster the connection between reader and author. We are proud to be the first publisher to work with eSSENTIAL Accessibility in this initiative and to provide a more comprehensive service to our physically disabled customers.”
Apple and Hachette are leading the way and proving that this can be good for the bottom line. I hope others in the publishing community consider reaching out to and embracing this virtually untapped market; it could be a real game changer across the board.
Debra Ruh is the founder of TecAccess and founder and CEO of Ruh Global Communications Follow her blog at
With special comments from Sam Joehl, SSB Senior Accessibility Specialist.
I was perplexed when I read about a class action lawsuit against Walt Disney Parks & Resorts.
“On June 29, 2011, the United States District Court Central District of California certified a nationwide class of blind persons in a class action pending in Los Angeles against Walt Disney Parks & Resorts. The Plaintiffs expect to establish that thousands of patrons with visual impairments visit Disney’s parks, restaurants and hotels each year, and that the three named Plaintiffs’ claims are common to those of the much larger class. The Complaint does not seek money damages, but only compliance with ADA and other laws which require Disney to accommodate the needs of, and not discriminate against, its patrons with visual impairments.”
American Foundation for the Blind
Why the surprise? The American Foundation for the Blind (AFB) just awarded Disney with a 2011 Access Award. “Walt Disney Parks & Resorts in 2010 introduced a new device at its U.S. theme parks that provides audio description for its many spectacular—and hugely popular—rides and attractions. Guests with visual impairments who visit Walt Disney World® Resort in Florida and Disneyland® Resort in California can explore the parks with unprecedented freedom with the help of a 7.2-ounce wireless device. Disney’s Handheld Device provides audio descriptions of park surroundings and rides for guests with visual disabilities, closed captioning for guests who are deaf, as well as other access features at over 51 attractions domestically. Disney’s Handheld Device also lets guests choose the type of information they would like to receive about outdoor areas, from architectural elements to the location of the nearest restroom via an interactive audio menu.”
The new Audio Description Technology describes out door locations for Disney land park guests with visual disabilities Image from: http://disneyparks.disney.go.com/blog/
Sam Joehl had these comments on the subject:
“In the late 1990’s I visited Disney World’s Epcot Center with my family. They provided us with a Braille guidebook listing the countries and the cuisine served by the restaurants which allowed me to independently select where I wanted to dine for lunch. Disney was accommodating people with disabilities even back in the 1990s by providing guidebooks in accessible formats.
I think lawsuits like these have the potential to hurt the disability advocacy community more than help it just as the ADA lawsuit against Southwest Airlines did. The Disney suit falls into the same category of frivolous lawsuits as the NAD complaint against Netflix (who plan to caption 80 percent of their streaming content by year’s end and has offered subtitles on iOS devices since May of this year) and the NFB complaint against SSA which has one of the best Section 508 programs in the U.S. Federal Government.
All of these organizations obviously employ individuals who are deeply committed to ensure that their products and services are accessible, but they may have gaps in their accessibility policies, lack overarching corporate accessibility policies or lack enforcement of these policies across the entire organization.
Last month I went to a talk at Accessibility DC in which Dr. Chris Law presented his doctoral thesis about the business case for accessibility. Dr. Law studied organizations in Australia to determine why some were more successful at implementing end-to-end accessibility solutions than others. He came away with seven success factors which were present in every organization that implemented accessibility across their culture and their entire enterprise, and were not present in organizations that fell short of this objective in some area. More research needs to be done in this area to identify the criteria that results in effective end-to-end accessibility programs.
“Win win” We need to work with organizations rather than be quick to litigate. Image from: http://lflegal.com/negotiations/
We need to work with organizations to get these seven success factors implemented across their entire enterprise. Instead of attacking or threatening organizations which are making a concerted effort to implement accessibility, positive relationships should be formed with the individuals spearheading these efforts to increase their influence and fill in the gaps in their accessibility policies and their implementations.
The numerous accessibility successes which were borne out of structured negotiation agreements demonstrates that companies can be convinced to provide accessible solutions by fostering positive relationships instead of taking the route of litigation. Filing lawsuits against companies for not doing what they are already doing brands us accessibility advocates as the unreasonable hysterics we are often seen to be. Litigation should be saved for the companies who are unwilling to cooperate or who fight their legal requirements. The companies who are trying to do the right thing should be encouraged to do what they’re doing even better.”
So what can be done? How can we avoid sending mixed messages from our community of people with disabilities (PwD)? What can a company do to better understand and include PwD?
There are some logical steps: make inclusion a part of your company’s culture, include accessibility in your policies and procedures, add compliance language to all IT procurements, and make accessibility part of your service and product life cycles and development.
Disability Parking Sign at Disney. Image from: http://themagicalworldof.com/
Focus on all human touch points, HR systems, Intranet, Internet, Service Centers, Kiosks, eLearning, Online Services, Software applications, shareholder reports, marketing communications, PDF and other reports. Anywhere that you intersect with a person should have accessibility built into the process. Train your developers, testers, QA, programmers and anyone else adding content. Make inclusion and accessibility part of your organization’s culture.
Walt Disney Parks & Resorts has spent millions of dollars to include people with disabilities in their parks. They offer wheel chair rentals, services for guests with mobility, hearing and visual disabilities, lighting sensitivity, and special parking for guests with disabilities. To learn more about Disney efforts to provide accessibility visit http://www.Disneyland.Disney.go.com/help/access.
I am not here to argue the merits of the lawsuit but do think many will be confused by an award for excellence from AFB and then a lawsuit by members of the blind community.
For further information about TecAccess and their current endeavors, visit their website at SSB Bart Group
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
By Debra Ruh, CEO and Founder of Ruh Global Communications
Debra Ruh, CEO of Ruh Global CommunicationsAmazon logo from: amazon.com
My family has been an Amazon customer for many years and I use the Kindle application. I was discouraged to learn that Amazon’s latest Kindle the Kindle Fire is once again NOT accessible to people with vision loss. I was shocked to read the NFB and AFB press release and blogs noting that Amazon Kindle Fire was not accessible to people with vision loss? How can that happen again? Accessibility has built accessible products and this process should have been built into the process life cycle?
National Federation of the Blind Condemns Lack of Access to New Kindle Fire, Baltimore, Maryland (September 29, 2011): Dr. Marc Maurer, President of the National Federation of the Blind, said: “Blind Americans have repeatedly asked Amazon to include accessibility for the blind in its Kindle product line. The feasibility of including accessibility in similar products has been demonstrated. The Department of Education and the Department of Justice have made it clear that Kindle devices cannot be purchased by educational institutions, libraries, and other entities covered by this country’s disability laws unless the devices are fully accessible. Despite all this, Amazon has released a brand new Kindle device, the Kindle Fire, which cannot be used by people who are blind. Enough! We condemn this latest action by Amazon and reiterate that we will not tolerate technological discrimination. The National Federation of the Blind seeks nothing less than equal access to all technology for blind people. It is one of the most critical civil rights issues facing blind Americans in the twenty-first century, and we will do everything in our power to see that this right is secured.”
AFB Access World MagazineNational Federation of the Blind – Image from: nfb.org/kindle-books
Darren Burton writes a blog for AFB: “I have written several articles in AFB’s AccessWorld Magazine chronicling the lack of accessibility of Amazon’s Kindle electronic book reading devices as they have evolved over the last few years. The original Kindle was completely inaccessible to blind people, and our community protested loudly and clearly. Amazon responded by adding some text-to-speech functionality to the second and third versions. Although that still did not lead to what I would call an accessible Kindle, the incremental improvements did give us some hope for the future.
Bookshare – image from www.bookshare.org
Unfortunately, that appears to have been wasted hope as Amazon recently announced the impending release of the new Kindle Fire. The Fire is a touch-screen version of their popular device, and I understand that this version will again be completely inaccessible to blind people. To be blunt, I am absolutely disgusted with Amazon, as they apparently have no shame. They have no excuse in this day and age, as it has already been proven by Apple that a touch screen tablet can be made accessible. Amazon knows very well that we expect equal access to their devices, and they turned their backs on us once again. It is simply outrageous that Amazon and others who create many of today’s electronic books also create barriers for millions of potential customers who are blind. For people with vision loss eager to read, I recommend ebooks from Apple’s iBooks app on the iPhone/Pod/Pad. Bookshare is also a great resource.” 1
As noted by NFB and AFB, the community has been through this situation with Amazon several times before. The first version of the Kindle was accessible and was applauded by the community of people with disabilities. The community also bought many of these devices. We were dismayed when they next version was inaccessible and the community voice their concerns.
“Arizona State University’s decision to use the Kindle 2 in a pilot program has drawn criticism from advocates for the blind, who say the electronic book reader is inaccessible to blind students. The National Federation of the Blind and the American Council of the Blind are seeking a preliminary injunction in federal court to stop ASU’s plan to use the device in place of traditional textbooks in three class sections. They say ASU’s decision to pilot the Kindle discriminates against blind students because they cannot access all of the device’s features. At issue is the Kindle’s navigation menu, which contains no audio option. A blind person cannot select a book or activate features such as the function to have the book read aloud. Advocacy groups want ASU to hold off until the device is fully accessible. They worry that if the pilot succeeds, more professors will start incorporating Kindles into their classrooms.”2
The debate raged and got international attention and Amazon finally decided to make the Kindle 2 accessible.
Kindle Text to Speech- Image from www.wikihow.com
“The Authors Guild has objected to the Kindle 2’s text-to-speech feature and Amazon — which also sells audiobooks — is giving publishers the ability to stop it working. Following objections from the Authors Guild in the US, Amazon has caved on the text-to-speech features of the new Kindle 2 ebook reader. It will now enable publishers and authors to disable the text-to-speech (TTS) function if they want. There shouldn’t be anything controversial about TTS: it’s been available on personal computers since the 1970s. It’s important to people who have impaired or no vision, but little used by anyone else. However, the Authors Guild argues that the audio rights for a book are different from the reading rights, even if the audio is provided by a software robot.”3
The community also took the time to praise Amazon after the made the Kindle accessible and we rewarded them by purchasing their products and services. See the following note by the NFB after Amazon released an accessible version.
“National Federation of the Blind Commends Amazon on Unveiling of New
A Kindle in a Bike Basket – Image from www.beyond-black-friday.com
Accessible Kindle, Baltimore, Maryland (July 29, 2010): The National Federation of the Blind (NFB) today commended Amazon on the unveiling of a new, accessible Kindle. Amazon announced Wednesday that the new Kindle will come equipped with a voice guide that reads all menu options aloud so blind and other print-disabled people can navigate the device menus. Dr. Marc Maurer, President of the National Federation of the Blind, said: “We commend Amazon on the unveiling of a new Kindle that blind and print-disabled people can use. In order to compete in today’s digital society, blind and print-disabled people must be able to access the same reading technologies as the sighted. The National Federation of the Blind has long been urging Amazon to make its reading device accessible, and we are pleased that our efforts have come to fruition.”4
It is a shame when the next version of an accessible product was released in an inaccessible version. 1 out of 3 households in the U.S. is impacted by disabilities. Worldwide, this group numbers 500-750 million people and is a key influencer of the public’s perceptions. The Internet has opened many opportunities and has greatly improved the quality of life for these users, but they still face barriers. You might think of disabilities in extreme terms such as blindness and deafness, but it also includes many others with visual or hearing impairments that are increasingly common in our aging population, and other challenges such motor and cognitive impairment. Can any organization afford to lose this audience?
Amazon is a wonderful company and I am sure they will make the new Amazon Kindle Fire accessible but it would be nice if it could become part of the process so that all future released will be accessible. It sends mixed messages to the community for the products to be released inaccessible and then after we make a fuss the product is made accessible. Why not just make is accessible from the beginning? We all want to buy and enjoy your products, please consider making all products and services accessible during the development life cycle.
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
Debra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
By Debra Ruh, CEO and Founder of Ruh Global Communications
I have spent a long time pondering 2011 and all the lessons and opportunities that I encountered during the past year. I ask myself how I can take those lessons and use them to improve the lives of people with disabilities. As a diehard technologist, I believe that social media can expand our voices. I also believe that social media can be used to help people with disabilities around the globe find their place in the world.
The time has come for people with disabilities to find our voices. Let’s use social media to be heard and to help others be heard. We can change the lives of billions of people by including people with disabilities in all aspects of society. We need to help change the mindset that having a disability is a bad thing or something to be ashamed of.
My dear friend and Co-Worker, Rosemary Musachio is a brilliant woman who happens to have Cerebral Palsy
Instead of it being a bad thing let’s celebrate our differences and allow people with disabilities to be seen as whole and not broken. During a recent speaking engagement a young man asked me if he should disclose his disability to an employer. I have been asked this question a thousand times and it breaks my heart each time. What I hear is a young man saying that he is afraid to be honest about who he is because an employer might judge him negatively. In many cases that may be true and it is a failure of our society on so many levels. We need to allow people to be proud of every aspect that makes them different, and encourage them to celebrate their differences and special abilities.
Debra and Sara Ruh at Maymont Park in Richmond, Virginia. Wearing Pinup Girl Clothing
A few years ago, my daughter was sitting at the table with my husband and I was nearby. She said, “Dad, Mom is doing it again.” My husband said, “What is Mom doing?” Sara quickly responded, “She is telling people that I have Down syndrome.” It brought tears to my eyes, and I jumped up and said, “Sara, you have brown hair, hazel eyes, a great smile and Down syndrome. Never be embarrassed about the way God made you.” We talked about it for a long time and she told me she was not embarrassed but sometimes did not understand why I talked about it all the time. I told her that this was our path – to help people understand why people like her add value to the world. Sara has spoken for global audiences many times since that conversation and she firmly believes the world is a better place because she is a part of it.
We are all different but at the same time we have so many similarities. As I travel all over the world that point becomes more and more clear to me. I believe that families across the globe want the best for their family members with disabilities. I have had the fortune to meet parents of children with disabilities in Qatar, Oman, Pakistan, Africa, Australia, New Zealand, Germany, Costa Rica, Canada, Mexico, Brazil, Ecuador, Ireland, India, England, Russia, China, Singapore, Thailand and all over the United States. Without exception these families wanted their family members with disabilities to have opportunities and have the resources to meet their goals, follow their passions and have their dreams come true.
Sara Ruh meeting Eunice Shriver
I have also had the pleasure to meet talented people with disabilities all over the world. I believe that something amazing is happening. People with disabilities and the people that love them are finding their voices. Social media tools like Facebook, Twitter, YouTube, Four Square, Tumblr and BlogSpot are wonderful ways for people with disabilities to find their voices. Other countries are using tools like Renren, Youku.com and Sina Weibo in China, and Bebo in the UK – opening new opportunities for people with disabilities to have a voice.
I believe there is a trend to move away from the charity based model of, “let’s help those poor people with disabilities,” and instead we are witnessing a movement toward a model of empowerment. A more robust and promising model where everyone is included because society benefits when everyone participates to the best of our abilities. Plus, we all benefit when people that think differently work together to improve the world and solve societal problems.
Share Socially!
Let’s look at the problems that exist globally with inclusion and put our minds and hearts together and solve these issues. Work to include people with disabilities in technology, internet, communications, education, employment, transportation, travel, housing and every other aspect of society. As you hear about success stories, share them across your networks.
Find your voice and help others in the community find their voices as well. Let’s celebrate and embrace our differences and let our voices be heard – blog, write articles, tweet your thoughts and share interesting articles. Follow other thought leaders and become a thought leader in your own right. Look for opportunities to mentor people with disabilities around the world.
Please join me in giving people with disabilities a solid and positive voice in 2012.
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
