Resolutions 2020

The following resolutions were passed on Sunday, November 1. For questions, please email: resolutions@nfbv.org.

Resolution 2020-1

RESOLUTION REGARDING DMV STATE ID CARD PRACTICES WHEREAS, the Virginia Department of Motor Vehicles (DMV) issues state photo identification cards after reviewing an applicant’s documentation to show, in their words, “proof of legal presence”; and WHEREAS, an applicant affirms the accuracy of information provided by affixing a handwritten signature in the space provided; and WHEREAS, a signature is required to be on file at the DMV in order to request an absentee ballot; and WHEREAS, blind applicants are often told that a signature is not required, but are allowed to sign if they insist; and WHEREAS, when the blind applicant receives his or her ID card in the mail, the signature block on the back of the card is obscured by the words, “Cannot sign” or “unable to sign”; and WHEREAS, this demeaning and archaic language results in embarrassing situations when the card holder is asked to show ID for signature verification; and WHEREAS, there is no reason why a blind applicant cannot sign in the designated space if given proper direction and guidance on where to sign, and to assume that he/she cannot sign is a misconception and negative stereotype; and WHEREAS, state issued non-driver ID cards cannot be renewed on line, even though a sighted driver can renew his or her license via internet: NOW THEREFORE BE IT RESOLVED by the National Federation of the Blind of Virginia, on this First day of November, 2020, that this organization demand that the Virginia DMV remove its current archaic and demeaning signatory language and encourage the applicant to sign in the designated box by whatever means appropriate; and BE IT FURTHER RESOLVED that this organization demand that the DMV modify its online procedures governing renewal of state issued driver licenses to also include state -issued nondriver photo ID cards; and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia demand that the DMV take all steps necessary to abolish this discriminatory practice applied to blind Virginians.

Resolution 2020-2

INACCESSIBLE COMMONWEALTH FITNESS CENTERS WHEREAS, physical fitness is known to provide many health benefits and is recommended by doctors for various medical reasons; and WHEREAS, many health care providers such as United Health Care and Humana offer plans that include fitness programs and centers in their coverage; and WHEREAS, several fitness centers have been identified that require blind applicants to sign special liability waivers before they can join, and do not require sighted applicants to do the same; and WHEREAS, prospective blind members have been told they must bring someone with them to assist with orientation and equipment set-up and use, and to pay for that person to attend, or alternatively, to pay for a personal trainer to assist them; and WHEREAS, these misconceptions about blindness create a hostile environment which prevents a blind person from taking advantage of a benefit to which he or she is entitled; and WHEREAS, fitness centers are a public accommodation covered under Title III of the Americans with Disabilities Act and must provide reasonable accommodations to prospective blind members; and WHEREAS, a public accommodation cannot deny individuals with disabilities the opportunity to participate in or benefit from the goods, services, facilities, advantages, privileges, or accommodations based on disability; and WHEREAS, a public accommodation cannot prohibit individuals with disabilities from benefiting from or participating in its goods, services, privileges, facilities, advantages, or accommodations based on disability that is not equal to that afforded to other individuals; and WHEREAS, prospective blind members cannot be forced to sign a special liability waiver that sighted individuals do not have to sign; and WHEREAS, prospective blind members must not be forced to pay extra for a personal trainer or companion, as that would constitute an illegal surcharge under the Americans with Disabilities Act: Now, Therefore BE IT RESOLVED by the National Federation of the Blind of Virginia, in Convention assembled this first day of November, 2020, that the NFBV demand that physical fitness centers comply with the Americans with Disabilities Act by establishing appropriate policies and procedures to accommodate prospective blind members to safely and independently use their exercise equipment; and BE IT FURTHER RESOLVED that these fitness centers consult with the National Federation of the Blind of Virginia to develop such policies and procedures; and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia provide such technical assistance necessary to bring fitness centers into compliance with the Americans with Disabilities Act.

Resolution 2020-3

RESOLUTION REGARDING THE ACCESSIBILITY OF THE VIRGINIA DEPARTMENT OF HEALTH WEBSITE AND OTHER WEBSITES SPONSERED by THE Commonwealth WHEREAS, the Commonwealth of Virginia offers a great deal of information to the public through internet websites; and WHEREAS, persons who are blind, visually impaired, and have other disabilities should have the same opportunity to benefit from contents of websites developed by entities of the Commonwealth of Virginia as persons who are not disabled; and WHEREAS, the Virginia Department of Health (VDH) offers an extensive website containing information designed for use by Virginians during this global pandemic, including a data dashboard demonstrating Coronavirus incidence and trends on a daily basis by county and independent cities, as well as additional information which is not accessible to individuals who are blind or visually impaired; and WHEREAS, for more than three months during the spring and summer of 2020, the VDH did not respond for requests by the National Federation of the Blind of Virginia to work with them to make their website accessible; and WHEREAS, the government of the Commonwealth of Virginia has an obligation under the Americans with Disabilities Act and the Virginians With Disabilities Act to make its websites accessible and useable to persons with disabilities; and WHEREAS, beginning in September 2020, the VDH began to work closely with the National Federation of the Blind of Virginia to make their Coronavirus Dashboard accessible by holding Zoom meetings at the highest VDH information technology (IT) staff levels as well as with the Commonwealth’s Chief Data Officer and members of the National Federation of the Blind of Virginia; and WHEREAS, since then, the VDH Information Technology staff appear to be making a good faith effort to work with us to incorporate our changes in this complex dashboard to enhance its accessibility: NOW THEREFORE BE IT RESOLVED by the National Federation of the Blind of Virginia, in convention assembled this first day of November, 2020, that this organization commend VDH for its recent forthright and good faith efforts to work with us to make its Coronavirus dashboard accessible and useable for persons with disabilities; and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia urge the VDH and all other Virginia State Agencies to make the entirety of their websites accessible and useable for blind persons and others with disabilities in accordance with the Web Content Accessibility Guidelines 2.1 (WCAG 2.1); and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia urge each state agency to designate an agency high level official to ensure website accessibility, and that this individual’s name and contact information be prominently displayed on each agency’s website with instructions regarding how to bring accessibility issues to this individual’s attention; and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia urges Virginia’s Chief Data Officer to make web accessibility training a priority for the Commonwealth and offer it widely to information technology staff; and BE IT FURTHER RESOLVED that the National Federation of the Blind of Virginia urges the Virginia General Assembly to enact legislation to clearly define and ensure accessibility of state websites.