Welcome to Deaf Adult Services, Inc. of Western New York

Are You Accessible?

Are You Accessible?

To determine if your organization is accessible to Deaf, Deaf-Blind, and Hard of Hearing consumers and/or employees, the following questions need to be considered:

Does the staff know how to determine and accommodate the preferred communication mode of Deaf, Deaf-Blind, and Hard of Hearing consumers/co-workers?
Does the staff know the difference between a signer and an interpreter?
Does the staff know how to provide assistive devices?
Does the staff have experience with using Teletypewriters (TTYs), the New York Relay Service and the Video Relay Interpreting services?
Does the staff have knowledge in the various communication aspects with Deaf, Deaf-Blind, and Hard of Hearing individuals?
Does the organization have an existing policy on communication accessibility for Deaf, Deaf-Blind, and Hard of Hearing individuals?
Does the staff have any sign language skills?

The Access Program strives to improve communication accessibility for Deaf, Deaf-Blind, and Hard of Hearing individuals in all health care, education, government facilities, political & entertainment venues, social services and sports though:

Community Education
Deafness Sensitivity Training workshops are offered to organizations that want effective communication and understanding between their hearing employees and deaf consumers/co-workers. Attention will be given to Deaf culture issues, use of sign language interpreters, and the New York Relay Service (a telecommunications relay service that assists deaf and hearing people in talking to each other over the telephone). To schedule a training for your employees, contact us and trainings are often provided at little or no cost.

Protocol Development
We offer assistance in becoming accessible to Deaf, Deaf-Blind, and Hard of Hearing consumers and/or co-workers through developing guidelines on how to provide interpreters and/or assistive devices; interpreting services contracts, etc.

File a Complaint on Captioning Issues

To Bring Captioning Issues to Program Distributor's Attention:

1) Contact the TV Program Distributor:

* You are required to contact a TV Program Distributor in writing or e-mail before you can file a complaint with FCC if a response remains inadequate.

Locate your TV service provider:

Time Warner

Gail G. MacKinnon, Executive Vice President & Chief Government Relations Officer
60 Columbus Circle
17th Floor
New York, New York 10023

Your News Now (YNN) (owned by TimeWarner)
355 Chicago St.
Buffalo, NY 14204

DirectTV
Romulo Pontual, Executive Vice President & Chief Technology Officer
PO Box 6550
Greenwood Village, Colorado
80155

2) Time Requirement:

*A written complaint must be sent before the end of the calendar quarter (i.e. before December 31, March 30, June 30 and September 30) describing the problem occurred otherwise it will be postponed to the next quarter.

3) Content of Complaint: What's Wrong With Captions?

Closed captioning complaints should be very specific with the following information to the TV programming distributor.

In your letter, please include your Complaint is being filed under the FCC Closed Captioning Rules (47 CFR § 79.1).

Then include....

*Your name, address, VP #, email address
*Date and Time you experienced Captioning Issue
*Channel number, name of the show (i.e. Channel 7, WKBW (ABC)
*Detailed description of the problem (no CC for entire show, partial CC or CC disappeared/unreadable halfway or during the program)

4) Wait for a Response Within 45 Days

5) If unsatisfied with the response from the TV Programming Distributor or they do not respond after 45 days, you may complain to the FCC.

*You have 30 days to file a complaint with FCC
*Include a copy of your letter to the TV programming distributor with information containing the complaint
*You may include videotapes or copies of schedules showing the CC logo that was shown without closed captioning.

Contact office@wnydas.org to provide you applications for a form to file with FCC and bring us your experience if you do not receive a proper response.

Mail to:

Federal Communications Commission
Attn: CICD/CGB
445 12th Street S.W.
Washington, DC 20554

fccinfo@fcc.gov

888-225-5322 (Voice)
866-418-0232 (Fax)
888-835-5322 (TTY)

Legal Rights – A.D.A. Overview

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against Deaf and hard of hearing people in places of public accommodation. Examples include, but are not limited to, hotels, non profit organizations, theaters, restaurants, doctors' and lawyers' offices, retail stores, funeral parlors, museums, parks, libraries, day care centers, and private schools. It also effects state, local and federal governments, factories, office buildings and other businesses.

Places of public accommodation must be accessible to individuals with disabilities. For Deaf and hard of hearing people, this means removing barriers to communication by providing "auxiliary aids and services." For individuals who use sign language, interpreters are often needed to provide effective communication. The justice department warns that family members and friends may not be able to provide impartial or confidential interpreting, even if they are skilled sign language users.

A public accommodation may not impose a surcharge on an individual with a disability to cover the costs of measures, such as provisions of auxiliary aids that are required to provide that individual with the non-discriminatory treatment required by the Act.

The ADA emphasizes that public accommodations must take steps necessary to ensure that an individual with a disability will not be excluded, denied services, segregated or otherwise treated differently. In those situations requiring and interpreter, the public accommodation must secure the services of a qualified interpreter unless an undue burden would result, though the undue hardship test is rarely satisfied. Under the test, the cost of the interpreting services is not compared to the fee paid be the individual, for the particular services provided, but to the provider's overall financial budget and operations.

For the most part, complying with the ADA is fairly simple and can be considered a normal part of doing business and a part of the cost is tax deductible. For more information on the legal obligations associated with the ADA, please contact our Program Manager at jason@wnydas.org, or contact the ADA hotline at 800-514-0301.