Episode 7

Bringing the Disability Community Together With Organizations to Work on Solutions

Lainey Feingold, Author, Negotiator, Lawyer, Speaker at Law Office of Lainey Feingold

Lainey describes her career as a legal advocate for people with disabilities. She talks about her process of structured negotiation to foster change without litigation. 

Mentioned in this episode:

Info about Accessibility at Blink

Transcript
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- Hello.

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This is "Digital Accessibility:

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"The People Behind the Progress."

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I'm Joe Wilinski, the creator and host of this series,

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and as an accessibility professional myself,

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I find it very interesting

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as to how others have found their way into this profession.

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So let's meet one of those people right now

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and hear about their journey.

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All right. Well, here we go.

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Getting into another episode where I have the opportunity

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to meet with an accessibility practitioner, and today,

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I'm very pleased to be speaking with Lainey Feingold.

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Hello, Lainey. How are you today?

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- I'm good. Thank you.

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- I'm speaking from my home office on Vashon Island,

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which is near Blink's Seattle headquarters.

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Where are you talking to us from?

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- I am in Berkeley, California,

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in my home office where I have worked for the past 27 years.

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- Wow. In that same spot?

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- In this very same spot, yes.

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- Well, I'm sure it must work out well for you

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and I'm glad to have you here to join me.

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And I think a lot of people in the accessibility profession

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are very familiar with you at least by name,

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if not by your work,

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but why don't you start by talking a little bit

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about what you're involved with?

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- Okay.

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Well, first, I'll do a quick visual description

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because I know that's helpful for inclusion.

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So I am in my home office, like you said,

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and I'm a white woman with gray hair turning to white hair.

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I say that as my most salient visual feature

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as a segue into the fact

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that I have been in the digital accessibility space

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since the mid '90s

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and I consider myself an elder in the space,

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which is really a privilege.

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I'm a disability rights lawyer.

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I've been working only on digital accessibility

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in the legal space, as I said, since the mid '90s.

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I think one of my legal claims to fame

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is that I believe in working on accessibility

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through collaboration

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and I'm very happy to say that in all those years,

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I've had to only file but one lawsuit

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because I've practiced a collaborative process

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called structured negotiation,

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and I've written a book about it.

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We could talk a little more about it later

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if you're interested.

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And it's really about bringing the disability community

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together with organizations

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to work on solutions to accessibility barriers.

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That's been mostly what I have done.

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In the last couple years,

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I've been lucky to have an opportunity

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to work with Disability:IN,

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which is a corporate business-to-business digital,

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sorry, disability inclusion organization.

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And I help with the digital accessibility work there.

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And I love all my partners from structured negotiation.

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We've done the work with big companies,

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started with Bank of America, Wells Fargo,

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we've worked with Walmart, all who have been great partners,

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and many of those same companies are in Disability:IN

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and my role there is to do

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what I consider my role as an elder,

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which is I have a certain amount of know-how

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since I've been in the space for so long.

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I also have a lot of know-who

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and I see myself as a connector

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and the digital accessibility community globally

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is just so wonderful and generous in sharing.

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And so, yeah, so between the structured negotiation work

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and the Disability:IN work and the work with my book,

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and the last thing I'd say is I do a lot of public speaking

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and public writing about the space.

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I was saying before I got on the air here

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that somehow I'm in this role of like a bridge.

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I see myself as a bridge

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between what's happening in the legal space

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and what the digital accessibility community

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really needs to know

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about what's happening in the legal space.

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So I do a lot of writing and speaking about that.

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I do trainings on structured negotiation

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with a focus on how can we avoid being a shark

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and learn to be a dolphin

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when we're trying to get accessibility enhancements?

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So that's that's me and what I do.

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- Well, you've definitely made a lot of contributions

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in sharing your ideas through your community engagement,

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all the different talks you've done over the years

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certainly is very, very helpful.

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And I want to talk more about your current work

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and we can talk about your book.

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We also like to find out how people found their way

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to working specifically with accessibility.

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So maybe you could take us back in time a little bit.

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I guess I'm an elder as well,

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kind of at the end of my career,

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but we've all have kind of milestones

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that got us to where we are today.

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So where did it start with you

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where you first either became aware of this area

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or you just found your way into it?

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- Yeah, that's a good question.

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And I too am at the end of the career.

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I turned 65 last year

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and I've written a book about my work.

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And you could start anywhere.

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My high school yearbook, people wrote,

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"You'll be a great lawyer. See you in court."

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So I always wanted to go into the legal space,

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but I start this journey with the fact

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that I was fired from a job and I like to start there

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because especially for young people,

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those sorts of things that happen are and seem

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and actually are very overwhelming when they happen.

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And when I got fired from this job,

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I was at a traditional civil rights firm

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and it was very unexpected to me.

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It was out of the blue. I was like, oh my God.

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I had two little kids.

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My husband and I had just bought a house.

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Like, oh my God, now what?

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And I very luckily ended up taking a four-month position

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at Disability Rights Education and Defense Fund.

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And I'm in Berkeley,

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birthplace of the independent living movement,

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and I'm embarrassed to say

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I didn't know anything about disability rights.

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Certainly didn't know anything about digital accessibility.

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It was 1992.

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But I ended up at DREDF

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and while I was there for those four months,

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that turned into, first of all, they turned into four years,

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I was filling in for someone

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and that person didn't come back

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and so I stayed for four years, and during that time,

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blind people approached DREDF

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because they couldn't use ATMs.

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And they approached DREDF and also private law firm

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with my colleague, Linda Dardarian, who now runs that firm.

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At the time, we were both young.

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And that's kind of how it started.

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The blind people who came to us were so knowledgeable

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about not just how to make ATMs accessible

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and what they needed, which was talking ATMs,

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which we now have,

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but they were all people willing to work in collaboration.

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It's just kind of random. We could have filed the lawsuit.

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And we said, well,

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there weren't any talking ATMs anywhere in the world.

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The Americans with Disabilities Act

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was three or four years old when we started

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and we didn't wanna screw it up for a whole generation

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trying to get this technology thing going.

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And so it was this amazing group

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of blind advocates and activists

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that came together with the lawyers from DREDF

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and the private law firm.

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And we approached the banks

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and they said they would talk to us

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and we worked on talking ATMs and at the end of that,

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in around 1998, one of the blind clients came to us

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and said, okay, good job, talking ATMs,

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but there's this thing called online banking.

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We better make sure that's accessible.

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That conversation is really the seed of all my work

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in digital accessibility.

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- Well, I wanted to dig a little bit more into

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where they are that point in time

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because people I've talked to on this series,

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a lot of people first became familiar with it

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as software developers

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or designers within organizations for web services.

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Others first became exposed through academia

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with that being the support area.

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And I don't think I've talked with anybody

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that specifically got in at that advocacy level early on.

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And so maybe talk a little bit more

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about what the atmosphere was at that time

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because were you in the Bay Area at that time

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and did you have connections with people

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in other parts of the country?

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- Yes.

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The DREDF was headquartered,

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is still headquartered in Berkeley, California,

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the Disability Rights Education Defense Fund,

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and that's where I've lived all this time.

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So the initial group of blind people we work with

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were from mostly California

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and we also worked with the California Council of the Blind.

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And at the time, the banks were just becoming national.

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We had Wells Fargo, Bank of America, and Citibank

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who we approached with the letter and said,

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would you like to work with us on ATMs

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that work for blind people?

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And so we were focused on that.

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It took a good four years to get those first agreements

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and during those four years,

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we really saw the power of collaboration

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and what became structured negotiation.

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It wasn't structured negotiation then

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because we didn't have a name

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because we didn't know we had a thing.

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We were just trying to work out a problem.

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But the relationship between the banking people

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and the blind community that was involved,

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we went to ATM labs all over the state

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and blind people gave their input and gave their experience.

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And the light bulbs would just go off

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in these bankers' heads,

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like, oh, we never thought about that.

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And sad to say, not with ATMs,

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but with many other kinds of technologies,

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that's still true today.

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When people are approached with a open hand

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instead of the closed fist of litigation,

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I find that there's a lot of openness to,

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oh, we didn't really realize it.

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We didn't understand

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how blind people could do this or do this.

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So we started in California

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and then we had the first agreement in 1999.

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Wells Fargo made the first commitment to talking ATMs.

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Citibank followed soon after

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with the first, I think, talking ATMs in New York.

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Bank of America became the first

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with the biggest nationwide commitment.

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And for those first couple years,

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we were always talking about the first,

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the first talking ATMs in Spanish,

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the first talking ATMs in this state or that state.

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And this was before really websites and internet

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and all the connections we have now,

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but the blind community was very active and very together

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and we started getting calls from different states.

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"Oh, we want talking ATMs here. Can you help us?"

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A lot of the banks we worked with at the time

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have subsequently been purchased by B of A or Wells Fargo,

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but at that time, there were a lot more smaller banks

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and we worked with blind advocates all over the country

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on this issue.

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And right from the beginning, after California,

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we always included the banking website on top of the ATMs.

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One of the earliest ones, we worked in Chicago in Illinois

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with an advocate named Kelly Pierce

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and he used to have an email list that like every person,

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I think every blind person in the country was on it

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and we didn't have any regulations at the time

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and Kelly's advocacy in bringing the community together

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to help us get regulations, so it just kind of snowballed.

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And then people, it's my view that most people

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would rather not file a lawsuit

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to get something accomplished,

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whether you're disabled or not.

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And I think we hit a chord in the blind community,

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both with the achievements

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in terms of the actual technology advancements

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and also with the process.

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And so we worked on accessible pedestrian signals.

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We worked on major league baseball websites.

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We worked on talking prescription labels

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all in this collaborative way.

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And yeah, there's still a lot to do.

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- Well, that's another, I think, thing I wanna key in on,

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on the background you're talking about.

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So you mentioned where ATMs

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was one of that first important areas that required support.

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I guess that's something you could consider,

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a combination of digital and physical accessibility issues.

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But I mean, I think you mentioned late '90s

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when you first started talking with Wells Fargo,

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but essentially, digital consumption of services

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obviously has exploded since then

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where it's a critical part of everyone's lives.

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And so I imagine the scale and magnitude

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of the things that you're having to work with and consider

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has increased quite a lot over the past few years.

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- Yes, and I'm happy to say

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there's more lawyers in the space doing the work.

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When I started out,

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we had the very first web accessibility agreement

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in the country

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between California Council of the Blind and Bank of America.

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And shortly thereafter, the National Federation of the Blind

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started doing agreements.

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And so early on that I was working with the ACB

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and its affiliates and the Brown Goldstein & Levy firm,

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which is still very involved in this work

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and does great work.

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They were working with NFB. They still do.

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So, yeah, there's a ton more things,

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but there's also, there's more companies and leadership,

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global organizations who get it,

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who we can point to companies like Microsoft and Google

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and Yahoo and companies are now seeing the value

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of the disability, not just the disability market,

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but the digital inclusion values.

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And I think I've never seen in all my years

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anything like what we're seeing now

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in terms of accessibility jobs

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and big companies and global marketing efforts.

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Procter & Gamble has a wonderful head of accessibility

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in London named Sumaira Latif

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and she's doing amazing work with their advertising,

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including audio description.

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And Google did a national ad.

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I forgot if it was Super Bowl.

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I think Microsoft's accessible gaming console,

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they did as a Super Bowl ad.

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Google did, I think it was the Oscars.

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Google did a great ad featuring their captioning

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on the Oscars.

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Unheard of back when I started.

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And I think that's really helping.

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I mean, of course, it's a long way to go

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and I don't wanna be seen as someone

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who thinks everything's rosy, 'cause everything isn't,

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but certainly significant progress has come about

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since we first started.

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- Well, you mentioned your work with structured negotiation.

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Maybe could you talk a little bit about that,

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how that plays out as a process?

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- Yeah, so like I said, when we started with the banks,

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we didn't file a lawsuit for various reasons.

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And over the years, we've kind of refined what it means

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to work in collaboration and how does it happen?

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And I wrote my book in 2016.

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It's called

"Structured Negotiation:

A Winning Alternative to Lawsuits."

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I just put out the second edition in October of last year

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and writing a book kind of forced me to look at,

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well, what is it that we do

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that allowed companies like Anthem and Walmart

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and cities like the city of San Francisco

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to work with us without a lawsuit?

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And really, so much of it is the mindset.

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I call it the structured negotiation mindset.

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I call it dolphin skills to emphasize

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you don't have to be a shark,

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basic communications, understanding that things take time

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in a large organization.

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There's a lot of lawyers in this space now

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that use the ADA in ways I consider unethical

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and one of the hallmarks of that kind of work

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is a demand letter to a gigantic company,

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you know, give us this money,

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fix this thing in the next two weeks,

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or else we're gonna sue you.

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Well, those of us in accessibility,

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including you and everyone you've interviewed,

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know that nothing happens in two weeks.

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I'm not saying it shouldn't, but it can't.

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And what we're going for is real baked-in accessibility

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and that depends on companies

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knowing people with disabilities.

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And this is a process that is open in the legal system

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for companies to get to know their disabled customers.

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We've worked, did an agreement with Charles Schwab.

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They were a great negotiating partner

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on behalf of a blind woman who was an options trader.

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Well, their developers and trainers,

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they never thought, oh, their options trading site

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needed to work for a blind person,

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but because we weren't fighting

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and we could get everyone in a room

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and they could meet this blind person,

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it was like, oh, yeah, people wanna do the right thing.

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I mean, I kind of believe that, and this is a process

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that gives people the opportunity for it.

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So in the book, I go through all the elements,

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like how do you write a letter that says is a legal problem,

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but also invites cooperation?

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How do you bring in expertise

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in a way that really helps all the parties?

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How do you have a meeting?

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How do you write language

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so people don't get defensive and narrow?

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Because we want accessibility to be innovative and creative.

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And so it's a process that has worked.

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I'm very careful to say it's not a process for every case

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and each lawyer and client has to decide,

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but it's a process that is definitely a tool in the toolkit

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for our digital accessibility in the United States.

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- Well, in my observations,

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certainly not from a legal framework,

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but when I read into articles

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about where there have been lawsuits involved,

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it generally to me seems like places where there's just

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an egregious lack of attention to the area,

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whereas organizations that understand that it's iterative

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and are transparent about working to move forward,

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I think they rarely end up in a legal problem

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when you can see that the efforts are being made

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to make their products and services more accessible.

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- You know, I would've said that was true four years ago.

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I would've said absolutely, that was true.

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I think there is a different type of lawyer in the space now

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and people can get a lawsuit even if they are trying,

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not to say they don't have problems,

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but not every lawyer is willing to find out.

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Are there people working on it? Are there problems?

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So one of my sort of, I don't know, goal, message, passion

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is if you get one of those lawsuits,

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let's not let bad actors define good behavior.

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You know what I mean?

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So, yeah, you might get a lawsuit.

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I've talked to many small organizations have gotten lawsuits

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as they tell me, we're trying, we did this,

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we had these few problems.

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Why did we get a lawsuit?

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And I don't do that kind of work, helping those companies.

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But I always say like, okay,

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in some ways, it's a cost of doing business.

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In some ways, you can use it as an opportunity to do better.

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Some people get those types of lawsuits

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and they haven't done nothing.

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They haven't done anything.

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One of the concerns I have about those types of lawsuits

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is I know what it's like to stick with a company

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till they get it right.

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And if you're sending a hundred demand letters a week

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and saying fix this, it doesn't get fixed.

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So there's different views about different strategies,

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but it's really important to remember

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that there are ethical lawyers doing ethical work,

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filing ethical lawsuits.

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And if you happen to get hit by something

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that you don't think is fair,

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don't let it influence your commitment

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to doing the right thing.

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- Well, yeah.

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Well, it's good to learn about that development

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in this area.

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And so if an organization ends up in that situation,

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it sounds like in some way they'd need to have

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some type of representation to be able to protect themselves

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as they determine what the right course of action is.

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- Yes.

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If you get a lawsuit in the United States,

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it's very wise to hire a lawyer.

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I mean, you don't have to. You can try to do it yourself.

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But another sort of concern I have

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that wasn't in the space when I started

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is the use of web accessibility overlays

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and these are one line of code pieces of software

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where the companies often claim, oh,

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just install this one line of code for monthly license fee

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and we'll give you ADA protection.

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So I've written a lot about that.

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If any of your listeners are new to this issue,

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going to the overlayfactsheet.com

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is where you can get tons of resources on this.

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And I tie it in.

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It's sort of part of the ecosystem right now.

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They're very heavily venture funded.

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So we have to keep the eye on the prize

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of true baked-in accessibility

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with disabled people front and center

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and not let these developments distract us from the mission.

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- Well, I know I'm always suspicious

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when I hear claims of providing certification

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because we don't really have an authority body

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in the United States or in other parts of the world

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that say that something,

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there's not a legal framework for that.

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We have VPAT and the ability to transparently talk about

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what we've done to support that.

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But I know a lot of organizations,

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when they're looking for accessibility support,

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a lot of times they're looking for

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some official, quote, unquote official certification

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and indemnification, and that's not really out there,

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as far as I understand.

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- Yeah, there isn't one.

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And another thing people have to understand,

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and like the people who have been part of your series

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obviously do, accessibility is not one and done.

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And this is why I'm so public about the overlays

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or the unethical lawyers, because accessibility,

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every time you issue a release

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can be improved or can be broken.

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And so without a real baked-in accessibility program

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that covers all aspects of the organization,

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what you purchase, procurement and communications,

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and every single thing,

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if you don't have that, people are gonna be excluded.

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And that's why I do the public speaking

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is because accessibility is a civil right

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of people with disabilities.

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And no matter what your role is,

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whether you're a developer or a designer or communicator

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or content writer,

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that means kind of a civil rights enforcer.

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And if I think thinking about it that way,

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we have to do the hard individual work,

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but we're also part of a bigger picture of enforcing rights.

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And to me, it's all about inclusion or exclusion

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and every decision point has that option.

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You're gonna include, we're gonna exclude.

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So that's kind of why I think I became this bridge

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to communicating about this because too often,

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the legal space feels complicated and bogged down

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or you hear about,

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oh, $10 million lawsuit against this company.

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The next thing you know,

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it's settled for you don't know what.

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So I think looking at the law as a civil right

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can help all of us advance our common goals here.

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- And looking into the future,

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there's always opportunities that are on the horizon.

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There's also challenges that we have to be concerned about.

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You mentioned some of the challenges

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about predatory lawsuits

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and what seem like simple software solutions.

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Are there any other challenges that you see moving forward

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or on the other side, things where you see opportunities

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for things to go in a positive direction?

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- Well, you hit my two biggest worries,

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which are the overlay companies

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and the serial lawsuit filers.

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I do think COVID, for all its terribleness,

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does give us an opportunity

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to keep the focus on the need for accessibility,

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because things are never gonna go back, I don't think,

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to 100% in-person and people have learned the importance

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of accessible digital spaces, especially in healthcare.

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The US Department of Justice now is doing a lot of good work

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and making sure that vaccine portals and testing portals

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are accessible.

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So I think there is a heightened awareness

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and I think that will continue.

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And with the large companies and with the advocates

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and the global nature of accessibility is very strong.

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When we first started with the talking ATMs,

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we would talk to people in other countries, well,

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you use NCR, they built a talking ATM here in the US.

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They can have it over there.

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So I think the bringing together the global community

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and the heightened awareness

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around the importance of accessibility

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will hopefully continue to grow this amazing community

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and movement that we have.

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- Well, I look forward to that future as well.

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And Lainey, thanks so much for taking the time

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to chat with me about your experiences and your background

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and how you got to where you are today

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and hopefully I will be able to see you at some point

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in the future at a in-person event,

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but otherwise we'll continue on this way.

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- Great. Well, thanks for having me.

About the Podcast

Show artwork for Digital Accessibility
Digital Accessibility
The People Behind the Progress

About your host

Profile picture for Joe Welinske

Joe Welinske

Serving as Accessibility Director at Blink is Joe's main activity. Blink is devoted to helping ensure that digital products and services can be used by everyone. As Director, Joe is responsible for helping Blink's practitioners to build accessibility into everything they do. He also evangelizes the need for accessibility with Blink's clients and partners.
Joe is a co-organizer of the Seattle Inclusive Design and Accessibility meetup group and he serves as the Secretary of the King County Metro Paratransit Advisory Committee.