The National Association of the Deaf, Disability Rights Education and Defense Fund, Disability Law Center, Civil Rights Education and Enforcement Center, and the law firm of Cohen Milstein Sellers & Toll provide the following Notice.  Video of this Notice in American Sign Language is available at https://harvardcaptioningsettlement.com/.

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT

ATTENTION: ALL PEOPLE WHO ARE DEAF OR HARD OF HEARING WHO WANT CAPTIONING OF HARVARD’S ONLINE CONTENT

If you are deaf or hard of hearing and have tried to access or would like to access Harvard’s online video content with captions or to access Harvard’s online audio content with a transcript, you may be a member of the proposed Settlement Class affected by this lawsuit. The Settlement Class in this case does not include students of Harvard University. This is a court-authorized notice.

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY LEGAL PROCEEDINGS IN THIS CASE.

NOTICE OF CLASS ACTION

The purpose of this notice is to inform you of a proposed settlement in a pending class action lawsuit brought by the National Association of the Deaf (“NAD”) and three Deaf plaintiffs on behalf of deaf and hard of hearing individuals against President and Fellows of Harvard College (“Harvard”). The case is titled National Association of the Deaf v. Harvard University and the President and Fellows of Harvard College, No. 3:15-cv-30023-KAR, and is pending in the United States District Court for the District of Massachusetts. The proposed class action settlement (“Settlement”) is set forth in a proposed Consent Decree, which must be approved by the United States District Court.

BACKGROUND

This lawsuit alleges that Harvard violated the Americans with Disabilities Act and the Rehabilitation Act by failing to provide captioning for its publicly available online content. Plaintiffs and other deaf and hard of hearing individuals alleged that they attempted to access Harvard’s publicly available online content but were unable to do so because it did not have captions or had inaccurate captions.

This is a class action. In a class action, one or more people or organizations, called Class Representatives (in this case the National Association of the Deaf, C. Wayne Dore, Christy Smith, and Lee Nettles (“Plaintiffs”)), sue on behalf of people who have similar legal claims. All of these people are a Class or Class Members. One court resolves the issues for all Class Members. United States Magistrate Judge Katherine A. Robertson is in charge of this class action.

The Court did not decide in favor of either Plaintiffs or Harvard in this case. Instead, both sides agreed to a settlement. That way, they avoid the cost, delay, and uncertainty of a trial. The settlement provides benefits that go to the Class Members. The Class Representatives and Class Counsel (the attorneys appointed by the Court to represent the Class) think the proposed settlement is in the best interests of the Class Members, taking into account the benefits of the settlement, the risks of continued litigation, and the delay in obtaining relief for the Class if the litigation continues.

THE SETTLEMENT CLASS

The Settlement Class includes all persons (other than students of Harvard University) who, at any time between February 11, 2013 and the date of preliminary approval of this settlement, have claimed or could have claimed to assert a right under Title III of the ADA, Section 504 of the Rehabilitation Act, and/or other federal, state or local statutes or regulations that set forth standards or

obligations coterminous with or equivalent to Title III of the Americans with Disabilities Act or any of the rules or regulations promulgated thereunder, alleging that they are deaf or hard of hearing and that Harvard has failed to make accessible to persons who are deaf or hard of hearing online content posted and available for the general public that is produced, created, hosted, linked to, or embedded by Harvard.

SUMMARY OF THE PROPOSED SETTLEMENT

The following is a summary of certain provisions of the Settlement. The complete Settlement, set forth in the proposed Consent Decree, is available as set forth below.

The Settlement requires Harvard to caption its online content as follows:

• Content created and produced at Harvard on or after December 1, 2019 and posted on a University Website will be captioned when posted.
• Content created and produced at Harvard prior to December 1, 2019 and posted on a University Website will be captioned upon request within five business days.

Content on a “University Website” means any content on a public-facing website or web‐based application within a Harvard-controlled domain used to conduct University Business by Harvard faculty and staff. The term “University Website” includes websites operated by all of Harvard’s Schools and Academic Departments, News Organizations, Administrative Offices, Museums and Libraries, Academic Centers, Initiatives, and Programs. “University Business” includes activities carried out under the auspices of Harvard University but does not include activities organized or conducted by students or student organizations.

The following content will also be captioned when posted (after December 1, 2019) or upon request (if posted before that time):

• Content created and produced at Harvard by a Department Sponsored Student Organization, as defined in the Harvard College Handbook for Students, and posted on any public-facing website within a Harvard-controlled domain.
• Content posted as part of a Massive Open Online Course.
• Content created and produced at Harvard and on the official YouTube channel and, if any, the official Vimeo or SoundCloud channel for certain Harvard schools, museums, libraries, and other units.

Harvard will also provide live captioning for University-wide events.

The settlement also requires Harvard to report to NAD on its compliance with these terms and establishes a process by which members of the public can request that content be captioned.

RELEASE OF CLAIMS

The Settlement resolves and releases all claims for injunctive, declaratory, or other non-monetary relief and attorneys’ fees and costs that were brought or could have been brought against Harvard relating to the lack of captioning or accurate captioning of free online audio or video content for the general public that is produced, created, hosted, linked to, or embedded by Harvard.

REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES

The settlement class is represented by the Civil Rights Education and Enforcement Center, the Disability Law Center, the Disability Rights Education and Defense Fund, the National Association of the Deaf, and the law firm of Cohen Milstein Sellers & Toll PLLC (“Class Counsel”). Harvard has agreed not to oppose Class Counsel’s request for an award of their reasonable attorneys’ fees, expenses, and costs in the amount of $1,575,000. This amount is subject to the approval by the Court.

FAIRNESS OF SETTLEMENT

The Class Representatives and Class Counsel have concluded that the terms and conditions of the proposed Settlement are fair, reasonable, adequate, and in the best interests of the Settlement Class. In reaching this conclusion, the Class Representatives and Class Counsel have considered the benefits of the settlement, the possible outcomes of continued litigation of these issues, the expense and length of continued litigation, and actual and possible appeals.

THE COURT’S FINAL APPROVAL/FAIRNESS HEARING

The Court has preliminarily approved the Settlement, and has scheduled a hearing for February 25, 2020 at 11:00 a.m. in the Hampshire Courtroom, 300 State Street, Springfield, Massachusetts 01105 to decide whether the proposed Settlement is fair, reasonable, and adequate, and should be finally approved. Although you are not required to attend, as a Settlement Class Member, you have the right to attend and be heard at this hearing, as specified in the next section below. At the hearing, the Court will consider any objections to the Settlement. Judge Robertson will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement. The Court will also consider the agreed upon amount to award Class Counsel as reasonable attorneys’ fees, costs and litigation expenses. We do not know how long this decision will take.

If the Court approves the Settlement, all Class members will be bound by the provisions of the Settlement with respect to claims against Harvard for injunctive relief and attorneys’ fees and relating to captioning of online content.

OBJECTIONS TO THE SETTLEMENT

If you wish to object to the Settlement or to speak at the hearing, you must send any objection and/or notice of your intent to appear at the hearing to the Court in writing on or before February 10, 2020, and include the case number (Civil Action No. 3:15-cv-30023), to the following address: Clerk of the Court, US Courthouse, 300 State Street, Springfield, Massachusetts 01105.

You may also object by filling out this form: https://public.mad.uscourts.gov/FairnessHearing.html

Please note that the Court can only approve or deny the Settlement. The Court cannot change the Settlement’s terms.

All objections must be submitted or postmarked on or before February 10, 2020.

Any Class Member who does not object at or before the Final Approval Hearing will be deemed to have approved the Settlement and to have waived such objections and shall not be able to make any objections (by appeal or otherwise) to the Settlement.

IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU NEED NOT APPEAR OR FILE ANYTHING IN WRITING.

FURTHER INFORMATION

The terms of the Settlement are only summarized in this notice. For the precise and full terms and conditions of the Settlement, please see the proposed Consent Decree available at www.harvardcaptioningsettlement.com/consentdecree, by accessing the Court docket on this case through the Court’s Public Access to Electronic Records (PACER) system at https://www.pacer.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the District of Massachusetts, 300 State Street, Springfield, Massachusetts 01105, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

You can also obtain more detailed information about the Settlement or a copy of the Settlement Agreement by calling 240-468-7109 (videophone) or 800-308-1878 (voice), by emailing harvardsettlement@creeclaw.org, or by contacting Class Counsel by mail at any of the following addresses:

Please do not direct questions to the District Court. To obtain copies of this Notice or the Consent Decree in alternative accessible formats, please contact Class Counsel listed above.

Settlement Includes Requirements Beyond Harvard’s New Accessibility Policies, Including Captions for Live Events, Third-Party Platforms and Department-Sponsored Student Groups Harvard Agrees to Enter Consent Decree, Ensuring Court Enforcement of Settlement

BOSTON—The National Association of the Deaf (NAD) announced today a landmark settlement with Harvard University that institutes a series of new guidelines to make the university’s website and online resources accessible for those who are deaf or hard of hearing. The settlement represents the most comprehensive set of online accessibility requirements in higher education and ensures for the first time that Harvard will provide high-quality captioning services for online content. The settlement expands upon Harvard’s new digital accessibility policy, which was announced in May. Harvard must provide captions for all online resources, including school-wide events that are live-streamed, content from department sponsored student organizations and any new university created audio or video hosted by third-party platforms such as YouTube, Vimeo and SoundCloud. The terms of the settlement are included within a consent decree, which can be enforced by the court. The court must approve the consent decree before it may become effective.

This settlement was reached four years after this litigation began in 2015, when it was filed in the U.S. District Court for the Western District of Massachusetts as a class action lawsuit. The lawsuit was prompted by the recognition that, notwithstanding the description of Harvard’s online resources as available to “learners throughout the world,” many of its videos and audio recordings lacked captions or used inaccurate captions. Harvard had no published policies in place to ensure these learning tools were accessible to people who are deaf and hard of hearing. In the United States alone, approximately 50 million people are considered deaf or hard of hearing.

Through the litigation, Harvard filed two motions to dismiss the case. In response to each, the court ruled that federal laws prohibiting disability discrimination covered Harvard’s online content. After these rulings were issued, Harvard announced its new digital accessibility policy and several months later the parties reached a settlement.

The individual plaintiffs in this class action lawsuit, C. Wayne Dore, Christy Smith and Lee Nettles, were also represented by Cohen Milstein Sellers & Toll, the Disability Law Center, the Disability Rights Education & Defense Fund, and the Civil Rights Education and Enforcement Center.   “As Harvard learned through this lawsuit, universities and colleges are on notice that all aspects of their campus including their websites must be accessible to everyone. Captioning video content is a basic form of access that opens up academic learning to not only deaf and hard of hearing people but the world. The National Association of the Deaf asks all who develop video content for the Internet to ensure access through quality captioning,” said Howard A. Rosenblum, Chief Executive Officer, National Association of the Deaf.

“Open and equal access to evolving technology is essential if the promise of the Americans with Disabilities Act is to be realized. By committing to caption content on a vast array of research and learning, today that dream came a step closer as one of the top universities in the world opens their digital doors to millions of deaf and hard of hearing people,” said Arlene B. Mayerson, Directing Attorney at the Disability Rights Education & Defense Fund.

“This settlement is a milestone for civil rights enforcement in the new millennium, as it ensures the wealth of knowledge and academic research residing on the Harvard University websites will be accessible to people who are deaf and hard of hearing everywhere,” said Joseph M. Sellers who heads the civil rights practice at Cohen Milstein Sellers & Toll.

“This settlement means greater access for current and future deaf and hard of hearing learners to the vast universe of Harvard’s online content. Ensuring accessibility is not something that can be considered a bonus—it is a fundamental right that everyone deserves. We’re pleased that Harvard will finally be treating all learners with the same standard of respect,” said Amy F. Robertson, Co-Executive Director of the Civil Rights Education and Enforcement Center.

“The significant expansion of opportunities for deaf and hard of hearing people to participate in Harvard’s community of lifelong learners realized by this settlement is an important step toward inclusion for all individuals with disabilities and invaluable to the intellectual community of our Commonwealth and nation as a whole,” said Marlene Sallo, Executive Director of the Disability Law Center.

The Scale and Scope of the Agreement

Harvard previously announced it will begin captioning new content created on or after December 1 on its website. Yet the settlement requires Harvard to take several new and additional steps, including captioning existing content posted on or after January 2019 within two years. For any content not already captioned, upon receiving a request, Harvard must caption the content within five business days. Furthermore, the university now must provide industry-standard live captioning for school-wide events that are live-streamed, while captioning new content of Department Sponsored Student Organizations, Massive Open Online Courses (MOOCs) and university created content on the official channel hosted by third-party platforms, including YouTube, Vimeo and SoundCloud. Harvard must also implement a public process to manage these requests. Harvard is also required to submit reports every six months beginning in June 2020 to NAD and the Disability Law Center with information about the number of requests received and any changes made to these policies, among other details.

Notice of Settlement of Class Action Relating to Captioning of Harvard’s Public Web Content

JOINT STATEMENT

Dover Amendment Update: New Decision by the Supreme Judicial Court

Upholds the Legislature’s Groundbreaking Dover Amendment

September 23, 2019

BOSTON – Today’s McLean Hospital Corporation v. Town of Lincoln decision by the Supreme Judicial Court (SJC) upholds legal protections for individuals with disabilities who wish to be fully integrated in the community.  The new decision upholds the Dover Amendment, G.L. c. 40A, s. 3, which exempts uses of land that are for education purposes from local zoning laws, and therefore protects against discrimination of people with disabilities. The Court reiterates that the type of student should not be evaluated, the nature of the population being served is irrelevant to determining if the use is “educational” under the Dover Amendment, and that education can look different for different learners. Massachusetts has long been a leader in the fight against discrimination and in education for all. Today’s decision by the SJC is a triumph for both, it upholds the right to education for all learners, no matter the type.

Six diverse organizations supported the plaintiff in this case – Association for Behavioral Healthcare, Inc. (ABH), Association of Developmental Disabilities Providers, Inc. (ADDP), Disability Law Center (DLC), Massachusetts Association of 766 Approved Private Schools (maaps), Massachusetts Council of Human Service Providers, Inc. (Providers’ Council), and the Mental Health Legal Advisors Committee (MHLAC).  The members of ABH, ADDP, maaps and the Providers Council all depend on the Dover Amendment to site their programs and services in communities throughout the Commonwealth, while the DLC and MHLAC seeks to improve the lives of people with disabilities by supporting policies and programs that ensure equal treatment. All of these organizations submitted amicus briefs in favor of upholding the Dover Amendment in this case. While each mission of these organizations is separate and distinct, collectively, in a unified voice, we are grateful to the SJC for upholding the important Dover Amendment, which is critical in the ongoing support of equal treatment for those with disabilities.

The Association for Behavioral Healthcare, Inc. (ABH) is a statewide association representing more than 80 community-based mental health and addiction treatment provider organizations.

The Association of Developmental Disabilities Providers, Inc. (ADDP) is a statewide association comprised of approximately 130 community-based providers throughout Massachusetts who provide critically needed services to individuals with intellectual and/or developmental disabilities, including Autism, and people with brain injuries.

The Disability Law Center (DLC) is a statewide private non-profit organization that seeks to promote the fundamental rights of all people with disabilities to participate fully and equally in the social and economic life of Massachusetts.

The Massachusetts Association of 766 Approved Private Schools (maaps) is a statewide association or approved private special education schools dedicated to providing educational programs and services to students with special needs.

The Massachusetts Council of Human Service Providers, Inc. (Providers’ Council) is a statewide association of community-based organizations that provide a broad spectrum of human services and supports to 1 in 10 residents of the Commonwealth.

The Mental Health Legal Advisors Committee (MHLAC) was established by the General Court in 1973 under the jurisdiction of the Massachusetts Supreme Judicial Court. An independent state agency, MHLAC provides advice on a wide range of legal issues including: involuntary civil commitment, access to services, treatment rights, guardianship, and the rights of individuals with disabilities in institutional and community settings.

Pursuant to its legislative charge to monitor the efficacy of service delivery reforms at Bridgewater State Hospital (“BSH”), the Disability Law Center (“DLC”) issued its six-month report summarizing its findings from its monitoring efforts there January 1, 2019 through June 30, 2019. The five-year anniversaries of both DLC’s investigation into the use of restraint and seclusion at BSH and the issuance of our first, of many, public reports occurred during this reporting period. Great strides have been made in the treatment and care of individuals at BSH over the past five years. More importantly, the past six months seem to have solidified the culture shift that began during the course of our investigation and monitoring. No doubt that there is still significant work to be done in the delivery of services, reporting of data, and physical plant infrastructure, but the right path seems to have been paved and is finally being consistently followed. To ensure the continued improvement of safety and treatment of persons served at BSH, DLC calls on the Commonwealth to follow the recommendations discussed in this report.

Key recommendations:

• • Deteriorating Physical Plant: Consistent with DLC’s recommendations in our public investigation findings on July 11, 2014, constantly reiterated since then, and stated in our February 25, 2019 report, “[i]nstead of the resource drain of patchwork fixes, the Commonwealth needs to construct a modern facility that can effectively provide humane and appropriate treatment.”
  • Administration of Medication: DLC renews its concerns raised in our May 2018 report that medication should be administered with informed consent first, if that is not possible, then a court order should be sought. Further, all individuals in need of “strict security” psychiatric evaluation and/or treatment should be under the auspices of the Department of Mental Health.
  • Programming: Wellpath must continue its efforts to collect data around programming to make the most use of how that information relates to an individual’s progress and treatment. The data can then inform person-centered treatment plans and programming recommendations.
  • Treatment of Individuals with Intellectual and/or Developmental Disabilities: Wellpath needs to continue to focus on development of individualized treatment plans and programming for individuals with intellectual and/or developmental disabilities. These efforts should range from de-institutionalization of individuals who have resided at BSH for decades to active discharge planning for individuals who would be better served by the Department of Developmental Services.
  • Persons Served at Old Colony Correctional Center (“OCCC”): Given the differing staffing constructs of the BSH and OCCC units, differing regulations and protocols, and differing union constraints, the disparity between BSH and OCCC may only be fully addressed if all individuals needing “strict security” in the Commonwealth are housed together and served under the auspices of Department of Mental Health. We believe the current distinctions used to differentiate between these populations do not necessarily reflect different security risks. In the meantime, DLC strongly encourages DOC to continue its efforts collaborating with Wellpath on this issue.
  • Staffing: DLC continues to raise concerns about data collection and reporting when there are vacancies in some of the positions tasked with such oversight and management. Wellpath should continue recruitment efforts for all vacant positions and review job responsibilities with staff to ensure that each person is efficiently and effectively performing his/her job.
  • Nutrition: DOC and Wellpath should continue this partnership in food service and delivery, and continue to expand programming around food initiatives. These programs boost community involvement in nutrition and have many ripple effect benefits from improved health to employment opportunities.
  • Stakeholder Involvement in Treatment: Wellpath should maintain its level of accessibility to the community and continue to engage stakeholders in professional development opportunities both on and off site. This sharing of knowledge and expertise improves the treatment and care of individuals at BSH and raises awareness about the significant progress that DOC and Wellpath have made over the past two years.

Marlene Sallo, the Executive Director of DLC, stated, “Over the past five
years, the culture at BSH has shifted from a punitive to a therapeutic
environment. We applaud this positive change and urge the Commonwealth to
follow our recommendations in order to ensure that improvements continue.”

As it has done in every one of its reports, DLC continues to implore the
Commonwealth to put DMH in charge of the facility. Historically, DMH has
resisted doing so as long as BSH remains at this antiquated facility. The
Commonwealth needs to construct a modern facility that can effectively
provide humane and appropriate treatment to this extremely needy population.
DLC urges state government to proceed with attending to this long overdue
unaddressed need under the auspices of the Department of Mental Health.

DLC, as the designated Protection and Advocacy System for Massachusetts, is
authorized under federal law to investigate incidents of abuse, neglect, and
death of individuals with disabilities throughout the Commonwealth.

Read the Report

Contact: Marlene Sallo, Executive Director
617-723-8455 x145
msallo@dlc-ma.org

Pursuant to its legislative charge to monitor the efficacy of service delivery reforms at Bridgewater State Hospital (“BSH”), the Disability Law Center (“DLC”) issued its six-month report summarizing its findings from its monitoring efforts there July 1, 2018 through December 31, 2018. Although there continues to be real positive change at BSH, virtually all forward progress must surmount difficult physical conditions caused by a deteriorating 45-year-old building that does not support or facilitate good mental treatment for men deemed to need “strict security.” Nearly constant day-to-day deficiencies in the physical environment affect almost every aspect of the BSH infrastructure, including the heating, cooling, plumbing and electrical systems, rendering it inappropriate to fully and appropriately treat the men at this facility.

Key problems with the physical environment at BSH include:

• Extreme heat and humidity, which can have especially harmful effects on Persons Served (“PS”): Staff from the vendor, Wellpath, were sent out to doctors for heat-related symptoms and PS complained to DLC of heat-related symptoms, such as headaches, tiredness, sunburn and difficulty breathing. Even when the vendor offered to bring in additional cooling devices, the offer was unable to be accepted because the antiquated electrical system was inadequate to support even such stopgap measures.
• Mold outbreak in the basements of several buildings: Due to a leak in the antiquated steam heat system, a mold outbreak occurred in the basement of the Medical Building and failed waste pumps resulted in four inches of water in the basement of the Administration Building. DLC sought and obtained a meeting with DOC to discuss concerns, but was denied the opportunity to test mold samples.
• Leaky roof over the gym in the Commons building: Water dripping from the ceiling of this building after a significant rain or snow storm has been an ongoing problem at BSH. On at least one occasion a PS slipped on the floor and had to receive medical attention, while a Wellpath staff member who had slipped needed be taken out for medical attention. DOC had plans to replace the roof, but the discovery of asbestos in the roof forced a postponement of that needed repair.

Marlene Sallo, the Executive Director of DLC, stated, “the time is long past when Massachusetts can continue to tolerate such horrendous conditions.  We are only one heat wave or one mold explosion away from serious harm or death to a person served at Bridgewater State Hospital. These conditions call for decisive and effective action to be taken now.”

As it has done in every one of its reports, DLC continues to implore the Commonwealth to put DMH in charge of the facility.  Historically that agency has resisted doing so as long as BSH remains at this antiquated facility. The Commonwealth needs to construct a modern facility that can effectively provide humane and appropriate treatment to this extremely needy population. DLC urges state government to proceed with addressing this long overdue unaddressed need under the auspices of the Department of Mental Health.

Read the Full Report

This past year, the Disability Law Center worked to promote the fundamental rights of all people with disabilities to live and work in the communities of their own choosing. We fought against abuse and neglect and for access to services. We worked with school districts and service providers to ensure that the rights of people with disabilities were respected and maintained. Most importantly, we went up against those who tried to limit opportunities for people with disabilities and sought to eliminate barriers and create a pathway to possibilities.
[showhide type=”story1″ more_text=”Show More” less_text=”Show Less”]

Over the past 12 months DLC’s systemic work has resulted in several victories. Here is a sample of the work that we accomplished this year.

Hulu and advocates from the American Council of the Blind (ACB) and Bay State Council of the Blind (BSCB) reached a settlement agreement to increase the accessibility of Hulu’s streaming service to individuals who are blind or have low vision. Disability Rights Advocates (DRA), a non-profit disability rights legal center, and Disability Law Center, Inc. (DLC), the Massachusetts Protection and Advocacy agency, represented ACB, BSCB, Kim Charlson, and Brian Charlson in these negotiations with Hulu. As a result of this settlement, Hulu will undertake efforts to make its website and software applications accessible via screen readers and will provide audio description tracks for streaming content where possible.

DLC’s abuse and neglect investigation at Tri-County Schools (TCS) in Easthampton, Massachusetts, found TCS staff engaged in abuse by repeatedly using excessive force in restraints and engaging in improper time-out and disciplinary practices.  The school chose to close its doors for approximately a year to reassess and reopen the school’s operation with a focus on a trauma-informed care model. In support of this decision, DLC sought a remedial plan from TCS to address DLC’s findings.

Disability Law Center has worked for years with Monty’s guardian and treatment team to create an appropriate course of treatment, including discharge planning. Monty is living in a locked psychiatric unit and is Deaf and has cognitive impairments. Monty’s communication is limited and his behavior and physical health can be volatile. DLC negotiated for government agencies to partner and reach out to vendors to design and create a specialized community placement for Monty. In the meantime, Monty is thriving and enjoys community trips and much more freedom throughout the hospital. Monty’s physical health has also dramatically improved and the team continues to work together to design appropriate next steps for him.

I am proud of what we have accomplished this year.

As the New Year approaches, I promise that our organization will continue to promote the fundamental rights of all people with disabilities to participate fully and equally in the social and economic life of Massachusetts. The work that we do takes an extraordinary amount of resources on a daily basis. In order to increase our efforts we are going to need your help. Please consider making an end-of-year donation to DLC.

There is no other organization in Massachusetts that does what we do. If you believe in our mission, then please join DLC in advancing the rights of people with disabilities across every segment of our society.

I hope that I can count on you!

Sincerely,

Marlene Sallo
Executive Director
Disability Law Center

DLC is a 501(c)(3) non-profit and your donation is tax deductible. DLC’s tax ID # is: 04-2741869.

Pay securely online below, or by check, or call 617-723-8455 ex123.

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Are you ready?

Why Vote? Watch our video!

Preparation:

To see a preview of your ballot, visit http://www.sec.state.ma.us/wheredoivotema/. Fill out your address and click on Show My Results. The next page will show your voting location and your current elected officials. Click on “My State Election Ballot” to see who is on the ballot.

Ballot Questions – we recommend that you review the ballot questions. Some are worded in a way that it’s easy to vote No when you meant to vote Yes. Revupma.org has several resources to help everyone understand the questions. You can bring reference materials into the voting booth to help you remember your choices.

Debates

Visit REVUPMa.org with some updated information on past debates. If you are still unsure about candidates, watching a debate may clarify your selection.

Accessibility

If you encounter any accessibility issues, contact the state at 800-462-VOTE  (8683) (toll free) or 617-727-2828. You may also e-mail them at elections@sec.state.ma.us.

You can contact us at 800-872-9992 or 617-723-8455.

AutoMARK Machine

All polling locations in MA are required to have a working AutoMARK machine, positioned so that voters can vote privately. Anyone can use the AutoMARK. Visit revupma.org for more information on how to use the AutoMARK machine.

AutoMARK Survey

If you use the AutoMark machine, we hope you will take a survey for the Bay State Council of the Blind.
https://www.surveymonkey.com/r/S5W5HTW

If you have any questions on the survey, contact the Bay State Council of the Blind at (773) 572-6312.

For Immediate Release:  October 17, 2018

Boston, Massachusetts—Hulu and advocates from the American Council of the Blind (ACB) and Bay State Council of the Blind (BSCB) have reached a settlement agreement to increase the accessibility of Hulu’s streaming service to individuals who are blind or have low vision. As a result, Hulu will undertake efforts to make its website and software applications accessible via screen readers and will provide audio description tracks for streaming content where possible. With these efforts, Hulu will join the list of online streaming providers, like Netflix, that are prioritizing accessibility features and making the entertainment industry more accessible to the disability community.

Hulu offers online streaming services to over 20 million subscribers across the nation. However, none of Hulu’s streaming content currently includes audio description—a separate audio track that narrates the key visual elements of video content between portions of dialogue to provide blind and low vision users a full media experience. For more on audio description, visit ACB’s Audio Description Project. Under the settlement agreement, Hulu will begin obtaining these tracks for as much streaming content as possible and will adapt its video player so that users can enable and disable this feature, similar to the closed caption option that currently exists on Hulu’s video player. Users will also be able to filter the Hulu streaming library based on the availability of audio description. Blind community members are enthusiastic about the new opportunity to fully enjoy Hulu’s extensive programming selection.

According to ACB President Kim Charlson, “These improvements by Hulu will provide people who are blind or have low vision with access to the same online video entertainment services currently enjoyed by millions of Americans. ACB commends Hulu for working with us to enhance access to its services for people who are blind. Our goal is to open up Hulu’s services to the blind community and to increase the availability of audio described movies and television programming. Movies and television are a central pillar of American culture. As television and movie content are increasingly delivered through streaming services, this agreement ensures that the blind community will receive and be able to independently use accessible Hulu content. This access is critical to making certain that people who are blind are included as equal participants in today’s society.”

In addition to providing audio description, Hulu will update its website and multiple software applications to ensure that screen-reader users can navigate and interact with the platform. A screen reader is software that enables blind individuals to access and interact with online services by converting the text displayed visually on the screen into audible speech or by outputting that information on a digital braille display. For a screen reader to work, website and app developers must program for compatibility. A single unlabeled button, like those for entering a password or submitting payment information, can render a website wholly unusable. By January 2020, Hulu will ensure that its website and applications are compliant with standard web-accessibility guidelines and that updates are tested for usability.

“So many times it is that last step—an inaccessible website—that keeps those who are blind or experiencing low vision from fully enjoying what others take for granted,” says BSCB President Brian Charlson, “and now Hulu will be working with us to make sure that their service can be accessed by everyone.”

Disability Rights Advocates (DRA), a non-profit disability rights legal center, and Disability Law Center, Inc. (DLC), the Massachusetts Protection and Advocacy agency, represented ACB, BSCB, Kim Charlson, and Brian Charlson in these negotiations with Hulu.

Rebecca Williford, Senior Staff Attorney at DRA, said, “This settlement will significantly improve access to movies and television for the blind community, moving people with disabilities one step closer to full inclusion in society, which was the promise of the Americans with Disabilities Act.”

Marlene Sallo, Executive Director of the Disability Law Center, said, “Online-streaming of videos has become an increasingly important source of entertainment. DLC is extremely pleased that, as a result of this significant agreement with Hulu, our clients and other individuals who are blind and visually impaired will now be able to enjoy the streaming of programs from Hulu.”

A copy of the agreement can be found at the bottom of this page. This agreement resolved a lawsuit filed against Hulu in the U.S. District Court for the District of Massachusetts, Civ. No. 1:17-cv-12285-PBS.

About Disability Rights Advocates (DRA)

Founded in 1993, DRA is a leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with disabilities in complex, system-changing, class action cases. For more information, visit www.dralegal.org.

About Disability Law Center (DLC)

The DLC is the Protection and Advocacy system for Massachusetts and is authorized under federal law to protect and advocate for the legal rights of individuals with disabilities in Massachusetts. DLC worked with Bay State Council of the Blind in a series of negotiations with Fleet Bank, Sovereign Bank, and Citizens Bank to ensure that their ATMs, websites, and other banking services were fully accessible to individuals who are blind or visually impaired. For more information, visit www.dlc-ma.org.

About American Council of the Blind (ACB)

ACB works to increase the independence, security, equality of opportunity, and quality of life, for all people who are blind or visually impaired. ACB advocates for policies that provide services, opportunities, infrastructure, and equipment that are necessary for an inclusive society, in federal, state, and local governments, and among service providers and industry. For more information, visit www.acb.org.

About Bay State Council of the Blind (BSCB)

BSCB is a membership organization of blind, visually impaired, and sighted individuals committed to an enhanced quality of life for Massachusetts’ residents who are blind or visually impaired. BSCB convenes meetings and conferences, organizes recreation activities, provides publications, radio programs, and information, and advocates for services and legislation that improve access for people who are blind. For more information, visit www.acbofma.org.

Contacts

Meredith Weaver, Disability Rights Advocates, Staff Attorney:  (510) 665-8644

Marlene Sallo, Disability Law Center, Executive Director:  (617) 723-8455

Case Files

Read the Complaint

Read the Settlement

Read the Filed Settlement

David Correia, Advocacy Director and Ashley Starr, Community Transition Coordinator of the MetroWest Center for Independent Living discuss barriers to employment for persons with disabilities.