Landmark Decision Promoting Accessible Books for the Blind

National Federation of the Blind Applauds Landmark Court Ruling


Decision Will Revolutionize Blind People’s Access to Books

 

Baltimore, Maryland (October 11, 2012): The National Federation of the Blind (NFB) today applauded a decision issued on October 10, 2012, by the U.S. District Court for the Southern District of New York, which permits the distribution of millions of books to blind and print-disabled people.  The ruling in Authors Guild, Inc., et al., v. HathiTrust, et al. (Case number: No. 11-cv-6351-HB) heldthat providing access for students with print disabilities constitutes a “transformative use” under the fair use provision of the Copyright Act and the Americans with Disabilities Act and that Section 121 of the Copyright Act (the “Chafee Amendment”) permits university libraries to digitize their collections for distribution and use by the blind.  As a result, the University of Michigan will now be permitted to make its entire 10 million volume digital collection available to all blind Americans, revolutionizing access to digital books by the blind and print disabled.

 

The ruling is part of the court’s decision to grant the NFB’s and HathiTrust’s motions for summary judgment in a lawsuit brought by the Authors Guild against the HathiTrust, a repository of several university library collections scanned by Google, and participating universities.  The Authors Guild alleged the HathiTrust and universities violated the Copyright Act by engaging in mass digitization of their collections.  Because these works represent the largest collection of works accessible to the blind and print disabled, the NFB intervened in the lawsuit. 

 

Dr. Marc Maurer, President of the National Federation of the Blind, said: “Access to the printed word has historically been one of the greatest challenges faced by the blind.  The landmark decision by the United States District Court for the Southern District of New York will revolutionize access to books for the blind.  For the first time ever, blind students and scholars will have the opportunity to participate equally in library research.  The blind, just like the sighted, will have a world of education and information at their fingertips.  The National Federation of the Blind commends the court’s decision, which constitutes a significant step toward full and equal access to information by the blind.”

 


Happy 40th Anniversary you F-ing Handicapped

My friend and fellow disability rights activist Scott Rains has written a sobering blog post about a cruel incident he experienced while simply trying to go about his business as a human being. He was subjected to an abusive tirade from a stranger who, among other things, tossed the “F Bomb” at him simply because he is a person with a disability.

I was in transit yesterday, flying from my home in Syracuse to Oregon where I’m speaking today at Pacific University. I’ll be reading poetry and prose about disability, and talking to a disability studies class. I intend to share Scott’s blog post with the students.  

I remember vividly having a similar experience when, only a few weeks after getting my first guide dog, still learning how to be a blind traveler, still building confidence, still imagining I had a place in the world–I remember going to a branch office of my savings bank, a walk-in kiosk like affair, and while standing in line to cash my meager check, a woman shouted at me about “you fucking handicapped people, you fucking handicapped people.” 

The other customers froze. I told her she could count on two things in life: her own craziness, and the contempt of others. Then I walked out. A bank employee ran after me, clearly distressed, and said, “Come with me,” and we went down the street to the main branch and I reported the incident. It was apparently not the first time this woman had gone nuts in the bank. She was subsequently prohibited from entering the premises. I don’t know how that worked out. 

What I remember though, or try to remember, is that crazy people who scream at those of us with disabilities tend to be universal bigots rather than single issue bigots. And while that’s not of much use, insofar as bigotry is unspeakable and exhausting, and sad, it’s also worth remembering for, if you’re a person with a disability, all too often you can feel like the loneliest person in the world, no matter how much you travel, or how extroverted you may be. I think Scott and I and many others with disabilities know that story really well.

We love you Brother Rains!

The Presidential Election for Dummies

Elections are always about change. 

Change is a neutral term–it will happen without an election, it will happen with one. 

Some politicians are running against change, others are for it. 

The incumbent is always defending smaller change. 

The new guy is always proposing bigger changes. 

Forget change. It will happen whether anyone likes it or not.

Instead, concentrate on what the election is really about.

The election of 1860 was about slavery.

The election of 1960 was about the cold war.

The election of 1980 was about greed.

This election is about fundamentalism disguised as greed.

I advocate for smaller change. I don’t want the god squad in charge of your bedroom or my body. 

When they get back to old fashioned greed I’ll give them a listen. 

Back to my star ship now…

 

 

 

 

 

Here Comes the Bolus, Otherwise Known as the Presidential Election

Strictly speaking a “bolus” is a thing you can’t swallow. Implicit is the idea that you must have imagined you could swallow it–like a bear steak I once ordered in a Russian restaurant in Helsinki. It seemed like a fine idea: exotic, manly, a break from dismal routine. But then the fact settles in. You can no longer whisper or murmur. You are reduced to helplessly rooting for your jaws to make progress, any progress, for the thing, which is actually growing in your mouth, is an insufferable industry.

Right now, my bolus is the presidential election, a thing so glutinous, scaly, and dank that I can hardly believe I’m chewing on it. And I’m chewing like I did with that bear steak–chewing until tears rise, until my toes curl in my moccasins, for this is the bolus of all bolii–it’s a circumstance of the desert, they’ve given you something to chew and you imagine there won’t be much else so you better get to work. But of course the thing about a bolus is that you shouldn’t have placed it in your mouth in the first place. You chew like a rodent inside a wall, you chew with your entire organism, but it doesn’t matter. The unconscious says, “You shouldn’t have put that in your pie hole–you don’t know where it’s been.”

 

Bagpipe Music at the University

 

–after Louis MacNeice

 

It’s no go the ferris wheel, it’s no go the funnies,

All we want is a counting house and good, old fashioned money.

No one has a proper shirt, our shoes get lost while running,

The preacher tells us how to live, but he doesn’t have the cunning. 

Brother Georgie threw the dice, sang to the risen moon,

He killed a snake while reading Kant, but never left his room.

Stood for sheriff, stood for pope, had plans for life at fifty;

Did an old man’s work for nothing, but always knew his Trotsky.

 

It’s no go the voodoo man, it’s no go the sphinx,

All we need’s a figure eight and another round of drinks.


Scandal in Tampa

Disability Rights Florida Accuses Brain Injury Center Of Blocking Abuse Investigations
(Bloomberg)
October 8, 2012

TAMPA, FLORIDA– [Excerpt provided by Inclusion Daily Express] Florida’s federally-designated disability rights advocacy group sued one of the country’s largest brain-injury centers, alleging the facility is blocking its efforts to probe complaints of recent patient mistreatment.

The Florida Institute for Neurologic Rehabilitation prevented an investigator from interviewing witnesses and from visiting locations on campus where alleged abuse occurred, according to the lawsuit, filed by Disability Rights Florida in U.S. District Court in Tampa. One investigator was asked to leave the Wauchula, Florida facility, the advocacy group said in the lawsuit.

One complaint involved a patient who was allegedly improperly restrained. The second concerns an allegation of two staffers physically abusing a patient. Both incidents occurred “within the past week or so,” said Sylvia Smith, a spokeswoman for Disability Rights Florida.

Bloomberg News has reported on dozens of cases of alleged abuse and neglect since 1998 at the for-profit, 196-bed facility, known as FINR. Patients’ families or state agencies have accused the center’s staffers of abuse or care lapses in at least five residents’ deaths over that time frame, two of them in the last two years.

Entire article:
Brain Center Stymied Abuse Investigators, Lawsuit Claims

http://tinyurl.com/ide1008122a
Related:
Abuse of Brain Injured Americans Scandalizes U.S.

http://tinyurl.com/ide1008122b

Disability and Narrative, or, I'm Only Partly Practical

By Stephen Kuusisto 

 

“It’s a naked child against a hungry wolf;

It’s playing bowls upon a splitting wreck;

It’s walking on a string across a gulf;

With millstones fore-and-aft about your neck;

But the thing is daily done by many and many a one;

And we fall, face forward, fighting, on the deck.”

 

–John Davidson “Thirty Bob a Week”

 

 

I’ve been thinking about the tellers of stories–you know, stories about cripples or your granny, about hungry children who live in the middle of a prosperous suburb. Or the “illegal immigrants” who are swept into America’s corporate jails where they’re raped and the guards, paid minimum wage, laugh until they piss their pants. I’ve been thinking about representation and misrepresentation for over forty years, ever since I read Foucault in college. By the time I was twenty I saw that literature is often no better than the newspapers, that much of it is fit only for wrapping fish and even the best of it slings egregious notions of the world of the weak, whether we’re talking of Melville or Cormac McCarthy. I saw early that readers and writers and yes, professors, are often without sufficient cultural integrity to see the wounding that happens when the voiceless are misrepresented in books and films. This is a disability perspective, most certainly, but it’s more than a single issue critique–high modernism took literature into the academy where it prospered in a rarefied and segregated world. Post-modernism broke literature into complexities of comparison and all the cathected subjectivism you can imagine but it still left the cripples, the wounded, and the orphans largely out of the picture. This is because broken bodies do not make for quick agreement or theorizing unless they can be presented as metaphors of abjection or heroic triumph and this leads me back to the question about who is telling the story. 

 

One of the most troubling narratives of disability–if not THE most troubling–is what disability studies folks call “the overcoming” story. You know how it works: a blind man climbs a bad ass mountain and experiences an overwhelming sensation that he can conquer anything. A man who stutters learns to recite Shakespeare, and accordingly, by extension, the narrator implies that you can too! And chanting choristers tell us that “triumph” is like a piano appassionato and yes, all overcomings are glamorous. There is always a broken pearl necklace of falling adjectives–”inspiring”; “poignant”; “deeply moving” etc.. 

 

Personally I do not think human beings need motivational narratives: in fact I believe they can be destructive since they propose two untruths about life. The first uses analogy, proposing that the mastery of something–an ailment for instance, is like climbing a mountain–and by extension, a man living with blindness requires superhuman determination. Forget the mountain: in the real world most people need emotional intelligence and candor more than tinkling heroism. Life is not heroic, it’s about truthful discourse. The second is that all overcoming narratives are patently false–not just suggestively false. If you’re blind you can learn to be an exceptional person who happens to be blind. You cannot, by definition, be heroically blind, anymore than you can be heroically bland or inspiringly left handed. What you can be is honest, competent, kind, and have a healthy suspicion of glib inspirational nonsense. Not long ago I saw a TV news story that I really liked. It was about a kid with cerebral palsy who ran in a local race alongside his able bodied classmates. I loved that his friends cheered him on and that he was part of a team. But the kid didn’t have to be a hero. In the televised story he was just the boy next door with CP. His friends, when interviewed kept saying, “He’s just Matty.”  Heroism is a trap. The hero always has to become his admirers. 

 

 

**

 

Beware your admirers. Or as Thoreau said: “Beware of all enterprises that require new clothes.”

Narratives are essentially garments and we should be properly suspicious of our threads when pressured to adopt the right look. “Clothes make the man,” said Mark Twain, who added: “Naked people have little or no influence on society.” (It’s a pity Twain didn’t live to see Mahatma Gandhi’s visit to London in 1931). But let’s say Twain was right. Success requires the proper costume–even for Gandhi who understood the matter better than anyone. Let’s say the prevailing, acceptable costume for the cripple is a tee shirt that reads: “I Learned Not to Be Disabled, Now I Inspire Others at the Country Club” (The tee shirt also has Braille and sign language on it.) 

 

I used to work at one of the premier guide dog schools in the US. Every day I wore a jacket and tie. In part this was necessary. I often spoke at Rotary clubs and other civic organizations. Wearing a serviceable Sears and Roebuck suit was good on the rubber chicken circuit. But then an insidious force got ahold of me. I started imagining I was superior to the blind people who came each month to train with their new guide dogs–folks who were often terribly poor, who dressed badly, who were, in some instances, morbidly obese. 

 

Occasionally vanity is about survival but most often it won’t take you very far. Poetry is good on this subject. There I was, working at the guide dog school, trying to convince the public that blind people are competent and professional. On its face there’s not much wrong with this impulse.  There are many uniforms in life.  Garments are rhetoric. We get very few opportunities to make an impression on the people who may hold the keys to our fate. But you see my mistake was to imagine–to really start believing–that I was successful because I wasn’t like those other   

sad blind folk. I was in love with two falsehoods: I was a better guide dog handler than other people; I was more presentable. My garments were very clean. My narrative was getting dangerous both for its mendaciousness and its projective falsehood. What was happening to me? 

 

**

 

 

The dominant rehabilitation narrative assumes that people with disabilities are flawed.  Physically or mentally impaired people are slates. The rehab specialist must write a new story on the broken man or woman. In the rehab narrative the subject begins as newly disabled. Disability is terrifying. The disabled person believes his or her life to be over. There’s no place in the world anymore.  

 

Enter the “A Team”–doctors, physical therapists, orientation and mobility instructors, the special equipment people–who come and give the impaired subject new ways to live. If we leave the story at this point, we’ve essentially adopted a utilitarian position: able bodied people reintroduce the cripple into their drawing rooms. There’s a whiff of Eliza Doolittle at the end. And at the level of archetypal psychology, the cripple has survived a heroic descent into the underworld and has now returned with the help of his shamans. 

 

This is an exceedingly soft story and its garment has many threads. The “signature” thread is sentiment. One of the guide dog schools in the US offers on its website the slogan: “Open your hearts for closed eyes”–who needs to say more? 

 

Another strand says every disabled person is alone until he’s rehabbed. The aloneness is existential, never cultural. Left to his devices, the poor cripple has the wrong spirit. The rehab narrative never asks why the poor bugger was alone in the first place. The man who sews this coat knows precisely which threads he can safely pull.

 

On the back of the coat it says: “Some day there will be a cure for me.” 

 

On the front it says: “Look how inspiring I am in the meantime.”

 

Hidden on the label inside it says: “Give to Jerry’s kids.”

 

**

 

In the academy they like to talk about the “dominant culture”–a quaint term left over from the sixties. Most accomplished people with disabilities know there is no dominant culture, there are simply multiple competing narratives about your body. Some of the narratives are ageist, others racist, a few are entirely dressed in misogyny. Others will turn you into cannon fodder. Ableism, the belief that the world should be reserved for “normal” bodies is dangerous to all. And this is the real and lasting symbolic problem for those who aren’t normal: we represent a cultural void, the end of utility, a terrible and lasting reduction of human possibility. If you don’t have a disability this should scare the living shit out of you–your usefulness is provisional and entirely dependent on luck. 

    

**

 

Being out in public as a person with disability–and by “out” I mean “out”–means that you are not your crutch or your wheelchair, not your guide dog or white cane, you’re not your breathing tube or oxygen tank. These are parts of a life the way a Volkswagen is part of a life. No one says of the man driving a Jetta–”Well, there he is, a man entirely reduced by his VW.”

 

It matters what people with disabilities say about themselves. It also matters what we think about the narratives of cure and rehabilitation. Romanticized these become dreadful reconciliations that can cloud judgement. I’m not better than you. I’m not half-made. I’m no longer compensating for a thing. I wear what I want. My crippled garment is part Gandhi, part Beatles “Nehru jacket” and covered with guide dog hair.

 

   

 

  

  

Micro Memoir 94

I’ve spent my life counting illusions–a great waste of time–like standing in the rain in your good clothes. And I’ve walked in and out of shadows like a tax collector, a man on a sad errand. And when I take out my pocket watch, my little souvenir from the last century, I see that my life is at the three quarter mark, that the mysteries are taller and more impenetrable than ever. The sands of night were all about me in my dream. I was threading my way through a pass in the mountains and my twin brother–dead since our birth–who has aged in his own way–he was walking before me with a stick. I saw how together we would live on in the music of silence. I’ve spent my life in love with the new industries of dreams. A great waste of time. Like wading in the waters of yesterday. Meantime, fortunes come and go.