Demand Our Access

Our Experience with an Inaccessible Local Government Website

In this episode, Desiree and I discuss the issues we are facing because the child support web page run by the attorney general of Texas and documents required by the child support program are inaccessible to those of us with disabilities. When we recorded this episode, we were hopeful it would demonstrate why the Department of Justice’s rule on accessible web and mobile content shouldn’t be delayed or weakened. Sadly, since we recorded this episode, the Department of Justice has chosen to give state and local governments an additional year to comply with the rule.

Advocating for Accessible Emergency Alerts

DISCLAIMER The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. INTRODUCTION In this episode, we will be continuing our look at emergency preparedness. Specifically, we are going to look at how we can advocate for emergency alerts that are accessible to those of us with disabilities. QUESTIONS AND COMMENTS I greatly appreciate your feedback. If you want to contact me about this episode, or about Demand Our Access in general, you can fill out the contact me [https://demandouraccess.com/contact-me/] form on the Demand Our Access website. If you prefer email, you can write me at Jonathan@DemandOurAccess.com [Jonathan@DemandOurAccess.com]. THE NEXT EPISODE The next live episode of the Demand Our Access podcast will be on Saturday, April fourth at two Eastern. As of now, I don’t have a topic for that episode. If you have suggestions, let me know. ADVOCATING FOR ACCESSIBLE EMERGENCY ALERTS INTRODUCTION TO ADVOCATING FOR ACCESSIBLE EMERGENCY ALERTS In continuing our look at the life-saving work of ensuring our state and local governments include those of us with disabilities in their emergency preparedness plans and operations, I thought I would demonstrate how we can advocate for accessible and inclusive emergency preparedness by working through a specific, narrow example. Since emergency alerts are the most important part of emergency preparedness because they warn us of pending emergencies, tell us what to expect, and tell us what we should do, it makes sense to focus this discussion on emergency alerts. If people find this episode helpful, I would be happy to continue this kind of work in future episodes. We could consider discussing advocating for accessible transportation during emergencies, sheltering, or something else. In order to help us better advocate for accessible emergency alerts, I will first briefly describe the basics of accessible emergency alerts. I will then set forth a series of four questions for us to consider. If there is time, we will work through a scenario. THE BASICS OF ACCESSIBLE EMERGENCY ALERTS When a government issues warnings or updates about wildfires, flooding, earthquakes, hurricanes, or warnings of an active shooter (I hated including that one), they are all examples of governments issuing emergency alerts to the public. As you will see, the accessibility of emergency alerts are governed by requirements placed on government and broadcasters by the Department of Justice (DOJ) through its ability to define compliance with Title II of the ADA, and by the Federal Communications Commission (FCC) through its ability to regulate television and radio broadcasters. THE STRUCTURE OF EMERGENCY ALERT SYSTEMS The systems for providing emergency alerts are highly technical. In putting this episode together, I have only provided the information I believe we need to advocate for more accessible and inclusive emergency alerts. If you want to learn more about emergency alerts, I will link to sections of the Code of Federal Regulations when this episode is published to the Demand Our Access Website. WIRELESS EMERGENCY ALERTS Wireless Emergency Alerts (WEA) are the alerts that appear directly on compatible mobile phones with a distinctive tone and vibration pattern. Wireless Emergency Alerts are used to transmit presidential alerts, imminent threat alerts, Amber alerts, and public safety messages. Wireless Emergency Alerts are regulated under 47 C.F.R. Part 10 [https://www.ecfr.gov/current/title-47/chapter-I/subchapter-A/part-10] by the Federal Communications Commission. WEA uses cell broadcast technology rather than traditional SMS messaging. That means one broadcast message is transmitted to all compatible devices within a defined geographic area. It does not depend on subscriber lists and does not require prior registration. WEA messages are limited to 360 characters. Originally, the limit was 90 characters. The FCC expanded the limit after concluding that the shorter format reduced clarity and created confusion. The 360-character limit applies only to the WEA transmission itself. It does not govern websites, linked content, or private alert systems. The 360-character limit includes URLs and phone numbers people can call for additional information about the alert. EMERGENCY ALERT SYSTEM The second major system is the Emergency Alert System (EAS). EAS interrupts television and radio programming. It is governed under 47 C.F.R. Part 11 [https://www.ecfr.gov/current/title-47/chapter-I/subchapter-A/part-11]. When activated, it delivers an audio message and, on television, a visual crawl. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM Both WEA and EAS operate through a federal gateway known as the Integrated Public Alert and Warning System (IPAWS). IPAWS is administered by the Federal Emergency Management Agency (FEMA). Governments must register with FEMA, execute a formal Memorandum of Agreement, complete training, and use approved software before issuing alerts. Alerts are digitally authenticated before distribution. Emergency alerts are treated as secure infrastructure. BROADCAST ACCESSIBILITY REQUIREMENTS Under 47 C.F.R. § 79.2 [https://www.ecfr.gov/current/title-47/chapter-I/subchapter-C/part-79/subpart-A/section-79.2], emergency information presented visually must also be conveyed aurally for individuals who are blind or have low vision. Conversely, emergency information presented aurally must be conveyed visually for individuals who are deaf or hard of hearing. Specifically, when emergency information is presented during a regularly scheduled newscast, or during a newscast that interrupts regular programming, that emergency information must be made accessible to people who are blind or low vision. Generally, emergency information that is not provided during a regularly scheduled newscast or as part of a newscast that interrupts regularly scheduled programming must be made accessible to people who are blind or low vision through use of the secondary audio programming channel. Emergency information that is presented through the audio portion of programming must be made accessible to people who are deaf or hard of hearing through the use of closed captioning. When putting together this episode, I was shocked to discover this section of law. I have never watched a television newscast where the entirety of emergency information that was created to appear strictly as visual content was made accessible to me as a blind person. THE ADA EFFECTIVE COMMUNICATION Under Title II of the ADA (Title II), covering state and local governments, government is required to ensure all communications are as effective for those of us with disabilities as they are effective for people without disabilities. This means that under Title II all emergency communications created by or on behalf of any state or local government must be accessible to those of us with disabilities. PRIVATE NOTIFICATION PLATFORMS Many state and local governments contract with private companies to use digital platforms that can call, email, or text emergency alerts to people who sign up for the service. These services are not covered by any character limits. These platforms usually allow governments to include links to websites, links to social media posts, and in some cases the ability to access video content. Since the communications going out through these third-parties are going out on behalf of state and local governments, the communications published through these platforms are covered by Title II. So, these communications must be as effective for those of us with disabilities as they are effective for those without disabilities. WEBSITES AND SOCIAL MEDIA When a government sends out an emergency alert that includes a link to a government website or a social media post created by the government to provide the public with more information about an emergency, all of that digital content is covered by Title II. This is especially true in the aftermath of the Department of Justice’s rule on web and mobile accessibility under Title II. ADVOCACY QUESTIONS Don’t worry, this is not a pop quiz. Obviously, no one has to participate unless they feel like doing so. 1. How are emergency alerts supposed to be accessible to those of us with disabilities? 2. What entities have a role in ensuring emergency alerts are accessible to those of us with disabilities? 3. Given what we have learned, what are some of the things you would want to know about your government’s plans to ensure emergency alerts are accessible? 4. What are some of the steps you could take to have some of your questions answered? SCENARIO Your local government has contracted with a community organization, like Upstream Access, to hold a listening session with members of the disability community about emergency preparedness. For the purposes of this exercise, I will pretend I am the representative from the government. All of you are attending the listening session to find out how the government’s emergency alerts are made accessible to the disability community.

My Journey into Emergency Preparedness

This is a special episode of the Demand Our Access podcast. In this episode, I describe my journey with emergency preparedness for those of us with disabilities. I also describe my personal advocacy to ensure my local area has emergency preparedness plans and operations that are accessible to and inclusive of those of us with disabilities.

Interviewing Erin Taylor From Upstream Access

This episode was a very special one in the history of the Demand Our Access podcast because it was the first time I was joined by a guest. Erin Taylor from Upstream Access [https://upstreamaccess.org] joined me to discuss emergency preparedness for those of us with disabilities. I was thrilled to have Erin join me because she is one of the people doing the most to ensure those of us with disabilities are prepared when emergencies strike. Among other things, Erin and I discussed Person-Centered Emergency Preparedness (P-CEP) a program developed in Australia and brought to America by Erin and Upstream Access. P-CEP is a program that certifies people in assisting disabled people in developing our individual emergency preparedness plans. Currently, I’m getting certified in P-CEP. If, after listening to the interview, I would appreciate your feedback on dedicating an episode to P-CEP.

Emergency Preparedness With Scenarios

DISCLAIMER The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice. INTRODUCTION In this episode, we will be discussing emergency preparedness for those of us with disabilities. Specifically, I will explain why emergency preparedness is the most important issue we could ever advocate for, review what state and local governments are required to do to ensure their emergency preparedness is accessible to and inclusive of those of us with disabilities. After the review, we will use scenarios to see how we can advocate with our state and local governments to work with them on making their emergency preparedness accessible to and inclusive of us. QUESTIONS AND COMMENTS I greatly appreciate your feedback. If you want to contact me about this episode, or about Demand Our Access in general, you can fill out the contact me [https://demandouraccess.com/contact-me/] form on the Demand Our Access website. If you prefer email, you can write me at Jonathan@DemandOurAccess.com [Jonathan@DemandOurAccess.com]. THE NEXT EPISODE The next live episode of the Demand Our Access podcast will take place on Saturday, February seventh at two Eastern. I believe we will be continuing our look at emergency preparedness during that episode. We may even have a guest join us. I will keep you updated through the Demand Our Access website. REVIEWING ACCESSIBLE AND INCLUSIVE EMERGENCY PREPAREDNESS WHY THIS REALLY MATTERS Emergency preparedness is the most important issue we will advocate for with our state and local governments. Not being able to access web content matters. Not being able to apply for jobs matters. Not being able to enter buildings matters. Not having interpreters if you need them matters. Emergency preparedness is literally life or death. If we die in an emergency because our state and local government didn’t properly accommodate us, it won’t matter to us if a website is inaccessible, or if we can access a building. Since there are very few advocacy efforts addressing emergency preparedness, and because most state and local governments hardly comply with the ADA to begin with, the odds are extremely high that if a disaster took place in your community people with disabilities would die deaths that would have been preventable had your state and local government followed their legal requirements and ensured their emergency planning was accessible to and inclusive of those of us with disabilities. If we want to ensure we don’t die a preventable death when an emergency hits our communities, we must advocate with our governments for accessible and inclusive emergency planning and response. If you are one of those people who doesn’t believe government could or should have a role in your protection during an emergency, I want to ask you to consider what happens when an emergency requires you to evacuate your home and the government’s notice is inaccessible to you? What happens if you are required to evacuate but there is no accessible way for you to evacuate? What if you are required to evacuate to an inaccessible shelter? Issues like these and many more can and must be addressed by proper emergency preparedness on the part of our state and local governments. INTRODUCTION TO EMERGENCY PREPAREDNESS Six years ago I found two resources that have profoundly influenced my interest in emergency preparedness for people with disabilities. The Partnership for Inclusive Disaster Strategies released an after action report [http://www.disasterstrategies.org/index.php/news/partnership-releases-2017-2018-after-action-report] in May of 2018 detailing widespread governmental failure to properly plan for people with disabilities as a part of emergency preparedness. The report made numerous suggestions as to how emergency preparedness could be more inclusive of people with disabilities while illustrating how ineffective planning led to preventable death, injury, and illness. Appendix G of the after action report has a detailed discussion of the limitations of additional needs registries. Additional needs registries became somewhat popular among state and local governments in the 1990s as a reported way to ensure people with disabilities got assistance during emergencies. The report from The Partnership for Inclusive Disaster Strategies found too few people register, the registries do not guarantee help but planners count on them, knowing someone’s home and/or work address does not mean you know where they are in a disaster, and far better data is available. The Department of Homeland Security conducted several listening sessions on emergency preparedness and people with disabilities. [https://www.dhs.gov/publication/civil-rights-listening-sessions-disability-stakeholders] The listening sessions also detailed widespread governmental failure at all levels to adequately plan to accommodate people with disabilities during disasters. Two sections of this episode will demonstrate what the Department of Justice (DOJ) requires of state and local governments under Title II of the Americans with Disabilities Act (Title II) when comes to ensuring emergency preparedness planning is inclusive of those of us with disabilities. The next section will discuss emergency preparedness requirements in settlements DOJ has made with local governments under Project Civic Access. The subsequent section will discuss a guide issued by DOJ in October of 2008 to assist local governments in incorporating accessibility into their Emergency Action Plan (EAP). PROJECT CIVIC ACCESS AND EMERGENCIES The primary way DOJ enforces compliance with Title II is through Project Civic Access. [https://www.ada.gov/civicac.htm] To date, DOJ has reached more than 220 settlements with at least 206 cities, counties, and villages in all 50 states. Every settlement I have reviewed includes emergency preparedness. To demonstrate what DOJ typically requires of state and local governments when it comes to ensuring emergency plans are inclusive of people with disabilities, I will discuss the emergency preparedness requirements in the 2018 settlement between DOJ and the City and County of Denver, Colorado [https://archive.ada.gov/denver_pca/denver_sa.html] (Denver). I will paraphrase what Denver is required to do in its emergency operations plan its (EOP). If you are interested, the emergency preparedness provisions of the settlement are set forth in section h of the Remedial Actions section. a. Procedures to get input from people with disabilities on the EOP b. Community evacuation plans enabling people with disabilities to self-evacuate or be evacuated by others c. Procedures to effectively warn people who are deaf or hard of hearing of impending disasters d. Emergency shelters are required to have back-up generators and a way to keep medications refrigerated e. Procedures ensuring people are not separated from their service animals f. Information about temporary housing will notify people about accessible housing Denver has additional requirements related to physical changes to emergency shelters: * If a shelter is subject to Title III (which covers places of public accommodation), the agreement does not reduce liability under Title III. * Denver will notify shelter facilities subject to Title III that they have a year from the effective date of the agreement to remove barriers to access for people with disabilities. * Within one year of the effective date of the agreement, an independent architect hired by Denver will survey the shelters for compliance. If all barriers are not removed within 18 months, Denver will identify alternate accessible shelters as confirmed by the independent architect. * Within three months of the effective date of the agreement and until all shelters are accessible, Denver will widely publicize a list of accessible shelters. A GUIDE FOR LOCAL GOVERNMENTS Note, there is a more modern resource on emergency preparedness published by DOJ on including people with disabilities in emergency operations plans under Title II called Emergency Planning [https://www.ada.gov/topics/emergency-planning/]. I am working off of the older document in this podcast because the subjects covered in both are very similar. Most of the differences between the two documents are more technical than I think we need to cover here. Still, I will link to the more modern DOJ document on emergency preparedness on the website so you can consider it too. I will say the newer document does link to a few more resources. So, there are good reasons for folks interested in inclusive emergency preparedness to look at both. In Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities [https://www.ada.gov/emergencyprepguide.htm], DOJ gives local governments more specific advice around creating accessible EOPS. The guide breaks its advice into seven categories: * Notification – Warning methods should be developed to ensure all citizens have the information to make sound decisions and take appropriate, responsible actions. A combination of methods (audible and visual alerts) will reach the most people. * Evacuation – Procedures should be in place to allow people with disabilities to evacuate with or without assistance. Whether or not a registry is used, plans should address accessible transportation needs for people with disabilities. * Emergency transportation – Contract with entities possessing accessible vehicles to use them to transport people with disabilities during emergencies. * Sheltering – Survey shelters for barriers to access. Until all shelters are accessible, publicize accessible shelter locations. Generally, people with disabilities cannot be segregated into separate shelters. * Access to medication, refrigeration, and back-up power – Ensure a reasonable number of shelters have a way to keep medications refrigerated and back-up power. These shelters should be made available to people with disabilities needing these services first. * Access to mobility devices and service animals while in transit and shelter – People with mobility devices should have access to the devices they need during transit and at shelters. That means government must be prepared to provide mobility devices and meet other needs in shelters. * Access to information – Train shelter staff on providing basic effective communication. This includes reading printed material to someone with a disability that makes reading print difficult and exchanging notes with someone who has a speech and/or hearing disability. PACIFIC ADA CENTER The Pacific ADA Center (a member of the ADA National Network) has produced a lot of great resources on emergency preparedness and people with disabilities. Their page on state and local governments planning for inclusive emergency operations [https://www.adapacific.org/emergency-preparedness-for-government-and-organizations/] will be well worth your time if you want to learn more about what our local governments are supposed to do to better protect those of us with disabilities during emergencies. The Pacific ADA Center’s page of resources for individuals with disabilities during emergencies [https://www.adapacific.org/emergency-preparedness-for-people-with-disabilities/] is a great place to start learning about how we as people with disabilities can plan to ensure we have better odds at coming through emergencies. SCENARIOS As a reminder, the scenarios we will work through are not to be considered advice you should strictly follow when you need to advocate. It is doubtful your situation will be an exact replica of any of the scenarios discussed here. So, you should learn tips you can apply to your own advocacy situation, but don’t think what is covered here is the exact way you should advocate. THE STATUS OF PLANNING How should you begin to figure out what your local government has done to include us in their emergency preparedness? THINGS TO CONSIDER What things should you be looking for in your state and local government’s emergency planning? INCLUDING US What is the initial way governments should include us in their emergency planning