Well, as a federal employee I can tell you that the government has purchased
Blackberry phones for years, and except for actually placing calls, they are
not accessible to the visually impaired. Sighted workers can do Email, text
messaging, and can even produce documents that they can sync with MS Word
documents on their office PCs, but not blind workers. Everybody who knows
anything about Section 508 of the Rehab act, knows that it has always been
dead on arrival.
Andy
-----Original Message-----
From: Christopher J Chaltain
Sent: Monday, May 26, 2014 7:06 PM
To: [email protected]
Subject: Re: Weather Channel App
That's not the way I read the Telecommunications Act myself, but I know
that's how it's been interpreted in at least one case when applied to
cell phone providers, like Verizon. To my knowledge, a cell phone
manufacturer, such as Nokia, has not been challenged under the
Telecommunications Act regarding the lack of accessibility of the phones
it manufactures.
The Telecommunications Act does only apply to the telecommunications
portion of a device, so Code Factory's product may satisfy the
Telecommunications Act, but 3rd party add-ons are allowable if making
the device itself accessible is not readily achievable. Since
Microsoft's other products are accessible, and both Google and Apple
produce accessible cell phones, I doubt Microsoft could claim that
making their Windows Phones accessible is not readily achievable.
Of course, if companies provide cell phones to their employees and
expect them to use any features outside of the features provided by Code
Factory's product then this would be in violation of the ADA. Also, if
any US federal dollars are used to purchase a Windows Phone, I think the
Rehabilitation Act is being violated, since there are options, such as
the iPhone and Android phones, which are much more accessible and don't
require a 3rd party application.
It isn't clear to me at all that Microsoft or Nokia are following the
law, even if you just look at the Telecommunications Act. I'm not a
federal judge though, so I think this still needs to be settled in the
US courts before we'll know for sure.
On 5/26/2014 5:30 PM, David Chittenden wrote:
Actually, the telecommunications act states one model in a company's phone
line needs to be accessible, when it is not an undo burden on the company
to do so. As for Microsoft, Code Factory has developed an app for Windows
Phone which performs all the basic functions within the phone. It cannot
access any other app, but Microsoft is now within legal bounds.
David Chittenden, MSc, MRCAA
Email: [email protected]
Mobile: +64 21 2288 288
Sent from my iPhone
On 27 May 2014, at 4:25, Christopher J Chaltain <[email protected]>
wrote:
Multiple US laws related to accessibility are being discussed here.
The American's with Disability Act is meant to prevent discrimination
against the disabled with respect to employment. Employers are required
to provide reasonable accommodations for their employees. Unless your
company requires you to use this allergy app, it would not be covered
under the ADA. If your company did require you to use an allergy app, the
pressure would be more on the company to find an accessible alternative
rather than force the developer of this particular app to make it
accessible.
The Telecommunications Act says that telecommunications devices need to
be accessible. Note that just because a device isn't accessible doesn't
mean there isn't a law that's being violated. It may take someone taking
Microsoft to court over their inaccessible cell phones before the law is
enforced and Microsoft is forced to make their product accessible.
The Rehabilitation Act requires that any products purchased by the
federal government or with federal dollars need to be accessible.
Note that there's a lot of overlap here. For example, if your company
requires you to carry a cell phone than it needs to be accessible. If you
work for a company or an agency that gets federal dollars than anything
it purchases, such as a cell phone, needs to be accessible.
It isn't the case that only apps and devices being marketed to the
federal government need to be accessible. Reasonable accommodations in
the ADA, the Telecommunications Act and even the Rehabilitation Act
extend beyond federal government agencies.
I'm not sure how many smart phones there are now running something other
than Android or IOS or Windows Phone, but there have been and may still
be some feature phones from LG, Samsung and Motorola which are
accessible.
On 5/26/2014 6:12 AM, David Chittenden wrote:
No, companies are not required to make all apps and / or products blind,
or deaf blind accessible. Some companies are required to make certain
apps or products accessible.
Don't believe me? Go purchase any new Nokia Phone running Windows Phone
Seven or Eight and try to use it. Microsoft's most up-to-date phone
software is not accessible. Purchase any Sony, Panasonic, or any other
smart phone that is not Android and try using it. Absolutely zero of
these phones are blind accessible.
Unless the Allergy app is being marketed to the federal government, it
does not need to be blind or deaf blind accessible.
David Chittenden, MSc, MRCAA
Email: [email protected]
Mobile: +64 21 2288 288
Sent from my iPhone
On 24 May 2014, at 20:05, todd patkus <[email protected]> wrote:
All:
This disappoints me a little. Under ADA regulations, companies are
legally required to make their products, including apps ACCESSIBLE, not
only for hearing-blind, but also for DEAFBLIND!
If I were whoever the person having this issue, I would have shown the
fat heavy book under my right arm, pointing these folks the proof what
ADA says!
You see I asked Brian if the allergy alert app was accessible for
Braille, and he said he did not know! That is the point here. That is
it.
Thank you.
Todd
----- Original Message -----
From: "Vicki Howell" <[email protected]
To: <[email protected]
Date sent: Thu, 15 May 2014 13:32:47 -0400
Subject: RE: Weather Channel App
No, Scott, you didn't do anything wrong. The Weather channel app
is no
longer accessible for the blind, but there is an app called
Degrees. I
think that it may cost $.99, but I think that it is very good. I
am trying
to remember if it is $99, or $1.99. I got this app last week.
My husband
found it and told me how good it was. So, that may be an option
for you and
others looking for a Weather App.
-----Original Message-----
From: [email protected] [mailto:[email protected]]
On Behalf
Of Mike Arrigo
Sent: Wednesday, May 14, 2014 1:57 PM
To: [email protected]
Subject: Re: Weather Channel App
Yes, it's no longer accessible, currently the only work around is
to use a
different app.
Original message:
Hi,
Sense the update to the Weather Channel app, two or three weeks
ago, I
have found it to be inaccessible with VO. Have others noticed
this or
did something go wrong with my update? Does anyone know of any
work
around?
Thanks,
Scott Duck --
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