Lewis v. Powers et al

BRIEF in Opposition to 73 MOTION for Summary Judgment

D. Colo.January 25, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-2692-MEH LUPITA LEWIS, Plaintiff, v. JAMES T. POWERS, individually; NATIONAL FEDERATION OF THE BLIND, COLORADO, a Colorado public foundation in good standing; COLORADO CENTER FOR THE BLIND, a Colorado public foundation in good standing; CZ FAMCO HOLDINGS LLC d/b/a CHUBBY’S, a Colorado LLC in good standing; and CITY OF LITTLETON, COLORADO Defendants. PLAINTIFF’S VERIFIED BRIEF IN RESPONSE AND OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT NATIONAL FEDERATION OF THE BLIND COMES NOW the Plaintiff, Lupita Lewis, by and through counsel and files her Brief in Opposition to the Motion for Summary Judgment filed by Defendant, National Federation of the Blind, Colorado. I. INTRODUCTION Ms. Lewis was an assistive technology intern at the Colorado Center for the Blind (CCB) in December 2013 when she lost her way and walked into the traffic lanes of South Lowell Boulevard. She was hit by a car and suffered catastrophic damages. Ms. Lewis brought the case at bar against six defendants, including the National Federation of the Blind (NFB) and the National Federation of the Blind, Colorado (NFBC). NFB was dismissed from the case for having no special relationship with and no duty to Ms. Lewis. NFBC has moved for summary judgment, arguing that it is not liable for Ms. Lewis’ injuries because it has no special Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 1 of 14 2 relationship with her. In essence, NFBC’s argument is that, because it is an entity separate from CCB and has no relationship whatsoever to Ms. Lewis, it cannot be liable to her herein. NFBC also argues that it did not purchase the Residence, that it was purchased by the Rocky Mountain Center for the Blind (RMCB). NFBC ignores legal precedent in the Tenth and many other Circuits utilizing the integrated enterprise test (Test) to determine whether purportedly separate business entities should be held jointly liable for discrimination against their employees. Because NFBC and CCB (collectively, the “Entities”) are integrated enterprises they may be held jointly liable to Ms. Lewis for disability discrimination pursuant to §504 of the Rehabilitation Act. Because the Rehabilitation Act is remedial, Courts must construe it liberally to achieve its purposes, and, while the Test typically is used to determine whether related entities, such as CCB and NFBC, can be held jointly liable for employment discrimination, it may be applied liberally to determine whether the Entities are so intertwined as to create joint liability for NFBC. Currently Ms. Lewis’ investigation into the relationship between NFBC and CCB indicate that they are integrated enterprises. NFBC conceived of CCB and was instrumental in its organization. They share the same physical address with no segregation among their employees. The Entities are interdependent, with NFBC establishing the philosophy for and touting CCB as its training program and greatest accomplishment. There is significant overlap among the directors and executives of both organizations. These Defendants do not conduct business at arm’s length and are closely intertwined. Based on preliminary investigation, Ms. Lewis believes that RMCB, which NFBC suggests is yet another separate entity, is also integrated with the Entities. It shares the same building as the Entities, and was incorporated in 1994 having many directors in common with the Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 2 of 14 3 Entities at that time. Ms. Lewis has not located a website for RMCB and seeks an opportunity to investigate its relationship to the Entities. In the alternative, if the evidence presented herein is not adequate to demonstrate that NFBC and CCB are integrated entities, Ms. Lewis asks the Court to stay ruling on NFBC’s motion for summary judgment until she propounds written discovery followed by depositions of NFBC and CCB pursuant to Fed.R.Civ.P. 30(b)(6), which will provide additional evidence regarding these closely-tied entities being integrated. II. STANDARD OF REVIEW A. Summary Judgment Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, the court may grant summary judgment only where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c) (2006); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Concrete Works, Inc. v. City & County of Denver, 36 F.3d 1513, 1517 (10th Cir. 1994). The moving party bears the initial burden of showing an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "Once the moving party meets this burden, the burden shifts to the nonmoving party to demonstrate a genuine issue for trial on a material matter." Concrete Works, 36 F.3d at 1518 (citing Celotex, 477 U.S. at 325). The nonmoving party may not rest solely on the allegations in the pleadings, but must instead designate "specific facts showing that there is a genuine issue for trial." Celotex, 477 U.S. at 324; Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 3 of 14 4 Fed.R.Civ.P. 56(e) (2006). A fact in dispute is "material" if it might affect the outcome of the suit under the governing law; the dispute is "genuine" if the evidence is such that it might lead a reasonable jury to return a verdict for the nonmoving party. Allen v. Muskogee, 119 F.3d 837, 839 (10th Cir. 1997) (citing Liberty Lobby, 477 U.S. at 248). The factual record and reasonable inferences therefrom are viewed in the light most favorable to the party opposing summary judgment. Byers v. City of Albuquerque, 150 F.3d 1271, 1274 (10th Cir. 1998) (citing Concrete Works, 36 F.3d at 1517). Freeman v. White, 2006 WL 2793139, at *7 (D. Colo. Sept. 28, 2006). "[A]t the summary judgment stage, the inference of discrimination permitted by evidence of pretext must be resolved in favor of the plaintiff." Bryant v. Farmers Ins. Exch., 432 F.3d 1114, 1125 (10th Cir. 2005). Fed.R.Civ.P. 56 provides at (d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. The nonmovant “must present affirmative evidence in order to defeat a properly supported motion for summary judgment.” Comm. for First Amendment v. Campbell, 962 F.2d 1517, 1521 (10th Cir. 1992) citing Anderson, 477 U.S. at 257, 106 S.Ct. at 2514. Where the nonmovant has not conducted sufficient discovery, summary judgment is inappropriate. Id. Rule 56(d) motions are treated favorably so long as they are neither dilatory nor lacking in merit. Id. B. The Integrated Enterprise Test Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 4 of 14 5 The Tenth Circuit applies the integrated enterprise test (Test) for determining whether two or more separate business entities should be treated as jointly liable for discrimination against an employee and is applicable to non-profit entities. Frank v. U.S. W., Inc., 3 F.3d 1357, 1362 (10th Cir. 1993); Tatum v. Everhart, 954 F. Supp. 225 (D. Kan. 1997). The Test is a judicial doctrine developed and employed to determine whether two or more nominally separate entities may be treated as one integrated enterprise in cases of employment discrimination. Bristol v. Bd. of Cnty. Comm'rs., 312 F.3d 1213, 1218 (10th Cir. 2002); cf. Montoya v. A & M Apartments, Inc., 2012 WL 5332203, at *2 (D. Colo. Oct. 29, 2012). The underlying purpose of the Test is to answer the critical question, what entity made decisions regarding matters relating to the person claiming discrimination. Dirkse v. Alticast Inc., 2015 WL 6125311, at *8 (D. Colo. July 6, 2015). The Federal Anti-Discrimination statutes are to be accorded a liberal construction in order to carry out the purposes of Congress to eliminate the inconvenience, unfairness and humiliation of ... discrimination. Dirkse, 2015 WL 6125311, at *7, citing Sandoval v. American Bldg. Maintenance Industries, Inc., 578 F.3d 787, 792–93 (8th Cir. 2009) quoting Baker v. Stuart Broad. Co., 560 F.2d 389, 391 (8th Cir. 1977)[internal punctuation marks omitted]. See also Wheeler v. Hurdman, 825 F.2d 257, 262 (10th Cir. 1987) (“In our review of the antidiscrimination laws we must be mindful of their remedial purposes, and liberally interpret their provisions to that end.”); cf. Trainor v. Apollo Metal Specialties, Inc., 318 F.3d 976, 983 (10th Cir. 2002), as amended on denial of reh'g (Jan. 23, 2003). “Under the integrated enterprise test, the following four factors are considered: (1) interrelation of operations, (2) centralized control of labor relations, (3) common management, and (4) common ownership or financial control.” Id. Centralized control of labor relations is the most important factor [in employment discrimination cases]. Bristol v. Bd. of Cty. Comm'Rs, 312 Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 5 of 14 6 F.3d 1213, 1220 (10th Cir. 2002). “All four factors are not necessary for a finding of integrated enterprise status; rather, the heart of the inquiry is whether there is an absence of an arm’s- length relationship among the companies.” Knowlton v. Teltrust Phones, Inc., 189 F.3d 1177, 1184 (10th Cir. 1999) [emphasis added]. III. ARGUMENT A. SUMMARY JUDGMENT IS INAPPROPRIATE HERE: WHETHER NFBC AND CCB ARE INTEGRATED ENTERPRISES REQUIRES DETERMINATION OF DISPUTED ISSUES OF MATERIAL FACT Early in this case, NFB and CCB filed Fed.R.Civ.P. 12(b)(1) motions to dismiss, alleging that neither was a proper party defendant and had no special relationship to Ms. Lewis. Here, NFBC piggybacks on NFB’s arguments, which are inapplicable here because the Entitiea are integrated enterprises. NFBC’s incorrectly argues that there are no disputed issues of material fact indicating that it has a special relationship with Ms. Lewis. The Test requires analysis of material facts that are in dispute here. Had NFBC brought a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, the Court would have made the determination whether as a matter of law these entities are integrated. Resolution of NFBC’s motion for summary judgment requires a jury to determine whether NFBC and CCB are so intertwined regarding the issues herein that they should be deemed jointly liable for Ms. Lewis’ catastrophic injuries. Id. Summary judgment is inappropriate with respect to the issue of these entities being integrated because of these disputed material facts. B. THE TEST IS APPLICABLE HERE: CCB AND NFBC ARE INTEGRATED ENTITIES Because Ms. Lewis’ seeks to impose liability against NFBC for disability discrimination pursuant to the Rehabilitation Act, utilization of the Test to determine whether NFBC ‘s relationship with Ms. Lewis exposes it to liability for her injuries is appropriate. As argued in Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 6 of 14 7 detail below, NFBC holds out that it and CCB are one. It created CCB and to this day establishes CCB’s philosophy, including without limitation the policy that its and CCB’s beneficiaries must utilize public transportation to increase their employability. Because the Rehabilitation Act and ADA III apply here and are remedial statutes intended to eliminate discrimination against disabled citizens, the Test may be utilized here to determine whether NFBC and CCB can be held jointly liable for the intentional discrimination causing Ms. Lewis’ catastrophic injuries. In employment discrimination cases, the most important factor of the Test’s four factors is which company controls employment policies. Here, it seems appropriate that the Court focus more on whether the entities interact with each other at arm’s length, as well as whether their policies and/or nonfeasance in providing safe paths of travel to the Residence were causes of Ms. Lewis’ injuries. Knowlton, 189 F.3d 1184. C. NFBC AND CCB ARE SUSCEPTIBLE TO JOINT LIABILITY Based upon Ms. Lewis’ investigation to this time, she believes that the National Federation of the Blind, Colorado (“NFBC”) and the Colorado Center for the Blind (“CCB”) are integrated enterprises. If such evidence is insufficient pursuant to the integrated entity test as applied in the Tenth Circuit, Ms. Lewis seeks additional time to respond to NFBC’s motion for summary judgment pursuant to Fed.R.Civ.P. 56(d). 1. Interrelation of Operations CCB and NFBC operate as a single unit and share management and personnel, a physical address, equipment, and storage. Since 1999 the entities have shared office space, phone numbers, and fax numbers. Contact Us, CCB (January 12, 2017), http://cocenter.org/contact-us- 2/; About NFBCO – History, NFBCO (January 10, 2017), http://www.nfbco.org/about- nfbco/history. Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 7 of 14 8 There is significant overlap in the Entities’ executives, directors, and principals. Diane McGeorge, is the CCB Founder and Chair, and an NFBC board member. Scott LaBarre, is the CCB Vice-Chair and the NFBC President. Julie Deden, is the CCB Executive Director and NFBC 1st Vice President. Brent Batron, is the CCB Director of Youth Services and NFBC 2nd Vice President. Wayne Marshall, is the CCB Student & Senior Services Specialist and NFBC board member. See http://www.nfbco.org/about-nfbco/nfbco-board-of-directors; http://cocenter.org/about-us/board-of-directors/. 2. Operating the Entities as a Single Unit The CCB and NFBC are operated as a single unit and are one of the “strongest affiliates in the country” with the shared mission of enabling blind individuals through self-help, training, and support to lead independent and productive lives. About NFBCO – History, NFBC (January 10, 2017), http://www.nfbco.org/about-nfbco/history. The entities hold out to the public that they are proud to be so closely affiliated, “[t]he National Federation of the Blind of Colorado is proud to be closely associated with the Colorado Center for the Blind. Not only does our organization share a physical address with the Colorado Center, many of our members are graduates of the training programs offered there or work as staff members at the Center.” Training Centers, NFBCO (January 10, 2017), http://www.nfbco.org/training-centers. The Entities share the same philosophy: by improving the self-confidence of blind persons, they can learn to be independent and engage in successful, fulfilling lives. CCB’s “motto” appears on it homepage: “Take Charge with Confidence and Self-Reliance.” See Homepage, CCB (January 10, 2017), http://cocenter.org/; see also Our Programs – Youth Programs, CCB (January 10, 2017), http://cocenter.org/our-programs/summer-youth/; see also About NFBCO, “Our Mission,” NFBCO (January 10, 2017), http://www.nfbco.org/about-nfbco. Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 8 of 14 9 The American Foundation of the Blind publishes an internet directory of institutions proving services to the blind. It’s description of the CCB is set out at http://www.afb.org/directory/profile/colorado-center-for-the-blind/12: Since 1988, the Colorado Center for the Blind (CCB) has been providing comprehensive training to blind persons so that they can lead independent lives as fully integrated, productive members of society. CCB offers an innovative teaching model founded on the philosophy of the National Federation of the Blind, emphasizing positive attitudes about blindness and role modeling by blind professionals. The Colorado Center for the Blind is committed to changing the experience of older blind and visually impaired persons from frustration to independence. With education and training these seniors can obtain the skills and confidence necessary to stay in their own homes and be contributing members of society. NFBC’s website provides multiple links to the CCB website, lists the CCB Blog and website under the “Newsletters and Blogs,” names CCB as “our” training center and provides a link to their website, and supports CCB programs as “participants.” Know Your Rights, NFBCO (January 10, 2017), http://www.nfbco.org/know-your-rights; Newsletter and Blogs, NFBCO (January 10, 2017), http://www.nfbco.org/newsletters; For Students, NFBCO (January 10, 2017), http://www.nfbco.org/for-students; For Seniors, NFBCO (January 10, 2017), http://www.nfbco.org/for-seniors; For Parents, NFBCO (January 10, 2017), http://www.nfbco.org/for-parents; see also Ex. 1, 2, and 3. The Entities operate as a single unit. Dirkse, 2015 WL 6125311 at *8. 3. Common Management CCB and NFBC have common management because the same individuals manage and supervise the Entities; they share executives, principals, and directors. Calvert V. Midwest Restoration Services, Inc., 35 F. App'x 798, 802 (10th Cir. 2002); Dirkse, 2015 WL 6125311 at 8; see EEOC Compliance Manual, Section 2: Threshold Issues, No. 915.003, at 44. Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 9 of 14 10 NFBC has a thirteen-member board comprised of five members who are CCB board members, officers, or staff. Notably, the key leadership positions in each company are filled by Diane McGeorge, CCB Founder and Chair, 30-year President of NFBCO and NFBC board member. Scott LaBarre serves as CCB Vice-Chair and NFBC President. Julie Deden, CCB Executive Director and NFBC 1st Vice President, and Brent Batron, CCB Director of Youth Services and NFBC 2nd Vice President, also hold director position in both companies. Wayne Marshall holds leadership roles in both Entities, serving as CCB Student & Senior Services Specialist and an NFBC board member. 4. Common Ownership or Financial Control There cannot be common ownership in the Entities because the Entities are non-profit corporations. As demonstrated above, the same core group of persons control the CCB and NFBC. Calvert, 35 F. App'x at 802; Dirkse, 2015 WL 6125311 at 8; see EEOC Compliance Manual, Section 2: Threshold Issues, No. 915.003, at 44. Diane McGeorge, CCB Chair and NFBC board member, and Scott LaBarre, CCB Vice-Chair and NFBC President, have the power to establish corporate policy, make decisions on major company issues, control the day-to-day operations, and co-manage CCB and NFBC. Because of their long and dedicated service to the Entities and blind folks in Colorado, Ms. McGeorge and Mr. LaBarre have great influence over both CCB and NFBC. CCB is the Title Sponsor of the 2016 NFB of Colorado Convention. “Sponsored by the National Federation of Colorado (NFBCO), the Colorado Center training techniques and teaching methods are based on the positive philosophy of the NFB.” NFBCO State Convention – Convention Sponsors, NFBCO (January 10, 2017), http://www.nfbco.org/nfbco-state- convention-review/convention-sponsors; see also NFBCO State Convention – 2016 Convention Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 10 of 14 11 Agenda, NFBCO (January 10, 2017), http://www.nfbco.org/nfbco-state-convention-review/2015- convention-agenda. The Entities are integrated. Dirkse, 2015 WL 6125311 at 8. D. MS. LEWIS IS ENTITLED TO DISCOVERY TO DETERMINE THE REMAINING FACTORS TO ESTABLISH THAT THE ENTITIES ARE INTEGRATED. Ms. Lewis does not have detailed information regarding the financial control of the Entities or whether there is centralized control of their labor relations. Although it has been said that centralized control of labor relations is the most important factor of the integrated enterprize test, Bristol, 312 F.3d at 1220, that factor is not as important outside the Test’s use to identify “joint employers.” The significant overlap in principals of the Entities, their sharing a common location, lack of separation of their workforces, and consistent holding out to the public that they are affiliates strongly bound to each other suffice to demonstrate that they are integrated for purposes of the case at bar. Ms. Lewis intends to propound discovery to NFBC in the near future. Since the parties have agreed that there is good cause to amend the Amended Scheduling Order [#69], there is more than ample time for her to serve written discovery requests, receive the responses and take 30(b)(6) depositions of both Entities to explore whether they have centralized control of finances, among other things. E. MS. LEWIS WISHES TO CONDUCT DISCOVERY INTO THE RELATIONSHIP AMONG IT, NFBC, AND CCB Ms. Lewis has conducted preliminary investigation into RMCB on the Colorado Secretary of State Business Organization page. RMBC was incorporated in 1994, and was then required to list the Board of Directors. The Articles of Incorporation show that Ray McGeorge, the late husband of Diane McGeorge, was on RMCB’s original board of directors. Ex. 4. The 2017 Annual Report shows that RMCB shares the same building with NFBC and CCB. Ex. 5. Julie Deden is listed as RMCB’s registered agent. Id. If RMCB is also integrated with the Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 11 of 14 12 Entities, its ownership of the Residence would not prohibit NFBC from being jointly liable for intentional discrimination against Ms. Lewis. IV. CONCLUSION Based on the Entities’ consistent representations that they are affiliates, their sharing the same office building with no segregation of employees, significant overlap in directors, principals, and executives, sharing the same philosophies, mission, and policies, they are integrated entities. Ms. Lewis is not seeking to have the Court determine that the Entities are joint employers, so that centralized control of labor relations and finances are relevant but not critical to their being found to be jointly liable herein. If RMCB is also integrated with the Entities, its “separate” ownership of the Residence would not prevent the Entities from being jointly liable for Ms. Lewis’ injuries. In the event that the Court does not deem the evidence presented herein sufficient to demonstrate that there are disputed issues of material fact as to whether the Entities are integrated, Ms. Lewis, pursuant to Fed.R.Civ.P. 56(d), also asks the Court to stay resolution of the motion for summary judgment and grant her the ability to propound written discovery and take depositions of the Entities and their principals to gather additional evidence to supplement her arguments herein. WHEREFORE, Plaintiff Lupita Lewis prays this Honorable Court to deny Defendant National Federation of the Blind, Colorado’s motion for summary judgment, or, in the alternative, permit her to conduct further discovery to gather additional evidence of the integration of the Entities, and grant such other, further, and different relief as the Court deems just and proper in the premises. RESPECTFULLY SUBMITTED this 25th day of January 2017, JOSEPH C. COHEN, P.C. Attorneys for Plaintiff Lupita Lewis Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 12 of 14 13 s/ Joseph C. Cohen Joseph C. Cohen 1901 W. Littleton Blvd., #219 Littleton, CO 80120 303.794.2114 303.795.3546 jcc@jccpc.com CERTIFICATE OF SERVICE I hereby certify that on this 25th day of January, 2017, I filed the foregoing PLAINTIFF’S VERIFIED BRIEF IN RESPONSE AND OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT NATIONAL FEDERATION OF THE BLIND with the Clerk of the Court using the CM/ECF system, which will serve notification of such filing to the following persons: Andrew D. Ringel, Esq. HALL & EVANS, L.L.C. 1001 17th Street, Suite 300 Denver, Colorado 80202 ringela@hallevans.com Attorneys For Defendant City Of Littleton, Colorado Donald G. Moore, Esq. Deisch, Marion & Klaus, P.C. 851 Clarkson Street Denver, Colorado 80218-3205 Don Moore@Deisch-Marion.com Attorneys for Defendant James Powers s/ Joseph C. Cohen John P. Craver, Esq. White and Steele, P.C. 600 17th Street, Suite 600N Denver, CO 80202 JCraver@wsteele.com Counsel for National Federation of the Blind, Colorado, Inc. Paul E. Collins, Esq. Lauren M. Getsie, Esq. Treece Alfrey Musat P.C. 633 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 720-1212 pcollins@tamlegal.com Attorneys for Defendant, Colorado Center for the Blind Paul E. Collins, Esq. Lauren M. Getsie, Esq. Mark A. Sares, Esq. Harris, Karstaedt, Jamison & Powers, P.C. 10333 E. Dry Creek Road, Suite 300 Englewood, CO 80112 MSares@hkjp.com Counsel for CZ FAMCO HOLDINGS LLC Scott C. LaBarre, Esq. LaBarre Law Offices, PC 1660 South Albion Street, Suite 918 Denver, CO 80222 slabarre@labarrelaw.com Counsel for National Federation of the Blind, Inc., and National Federation of the Blind of Colorado, Inc. Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 13 of 14 14 Case 1:15-cv-02692-MEH Document 78 Filed 01/25/17 USDC Colorado Page 14 of 14 National Federation of the Blind of Colorado (NFBCO) For Students For Seniors For Parents For Friends Training Centers EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 1 of 10 • Home • About NFBCO o History o NFBCO Board of Directors o Day at the Capitol o 2012 Resolutions o Connect to Our National Movement o Braille Enrichment for Literacy and Learning (B.E.L.L) o Presidential Report • Información en Español • Chapters / Divisions • Events Calendar • NFBCO State Convention • Know Your Rights • Newsletters and Blog • NFB Newsline • Scholarships • Donate • Contact Us Upcoming Events • Colorado Springs Chapter Meeting When: Saturday, 12/12/15 10:30 AM Where: Garden Ranch YMCA Colorado Springs Chapter Meeting • Pueblo Chapter Meeting When: Saturday, 12/12/15 1:00 PM Where: Wesley Methodist Church Pueblo Chapter Meeting View All 2014 Presidential Report NFBCO SECURING THE LIVES WE WANT A Presidential Report Presented by Scott C. LaBarre Saturday, November 1, 2014 Denver Marriott South EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 2 of 10 INTRODUCTION Together with love, hope, and determination, we, the National Federation of the Blind of Colorado, transform our dreams into reality. We know that blindness is not the characteristic that defines you or your future. Every day we raise the expectations of blind people, because low expectations create obstacles between blind people and our dreams. You can live the life you want; blindness is not what holds you back. These words represent our new message, our new promise to one another and to all who come to know us. Although it has been cast in different words, our fundamental message has not changed since our founding nationally in 1940 and 1955 here in Colorado. We are determined to live the lives we want and our work in the last year has been focused solely on this objective. It is my pleasure, privilege, and honor to report our substantial achievements. Nevertheless, significant barriers to living the life we want, a life of first class citizenship, still remain, and we must, therefore, remain true to our cause and strengthen our effort. CCB For as long as I have taken this podium and reported to you, I have said in many different ways that the single most important program that we operate is our Colorado Center for the Blind. As you heard vividly demonstrated earlier today, the Center’s programs are the dramatic, daily application of our philosophy. We teach our students and all who come in touch with us that blindness does not prevent you from living the life you want. Members of our Federation are undoubtedly familiar with the central programs that we run and have run since 1988 such as our adult, independence training program and our various summer programs for blind teenagers and college students. For the last several years, we have operated Confidence camp for elementary students and this past year we expanded that program from two to three weeks. We are significantly expanding our programs for blind seniors and providing sessions for family and friends on how to help their loved ones adjust to blindness in a positive manner. We are training other service providers who offer programs for blind seniors. We serve blind youth year round through our FAST Program, Fun Activities and Skills Training. In the coming year, we plan to take many of our training programs on the road and spread our philosophy and skills all throughout Colorado while recruiting new members to our affiliate. The Center is part of our family and we can always count on students and staff participating in our chapters and divisions and showing up at our various affiliate events. We may have different corporate bodies but we are of one mind and soul. The heart of the Federation beats strongly at the CCB and this only occurs because of the tremendous leadership we have. Diane McGeorge had the vision and guts to get us started on the right path over twenty-six years ago. As our Executive Director since 1999, Julie Deden has led the Center to greater heights and accomplishments through her creative and dynamic leadership. And, of course, we could not do any of this without our tremendous staff and students. Let’s hear one giant Federation roar for our, Colorado Center for the Blind! RINGING THE BELL IN COLORADO For the fourth year now, we operated a BELL Camp. BELL stands for Braille Enrichment through Literacy and Learning. In fact, we ran two programs, one here in the metro area and the other in Colorado Springs. This two week summer camp offers blind children, ages five through twelve, an emersion into braille instruction and several other independence skills such as cane travel and daily living, not to mention a bunch of fun activities like horseback riding, swimming, EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 3 of 10 going out for pizza, and scavenger hunts. Once again, Diane McGeorge and Michelle Chacon led a wonderful team who gave our BELL kids a tremendous summer education. At the beginning of camp, many of the children let their parents do just about everything for them. By the end, the kids are insisting that their parents let them take care of themselves. As we announced earlier today, next year, we plan to combine the confidence and BELL camps which will allow us to reach even more blind youth throughout the state. The BELL rings loudly and sweetly in Colorado. KAREN NORTON Last year, I reported to you that in late 2012, Karen Norton from Fort Collins had to visit Walden, Colorado for her work and she had reserved an upgraded room at the North Park Inn. Karen happens to use a guide dog to aid her independent travel. When she entered the hotel, the owner challenged her by saying “didn’t you see the sign? It says no pets.” The owner refused to give her the upgraded room because of the “pet policy” and tried to assign her to another, less desirable room which also happened to be a smoking room, something which she very much did not want. Karen tried to explain that it is the law of this state that blind persons are allowed to bring their guide dogs anywhere they go. The owner told her to leave and when she refused, he called the Jackson County Sherriff. Instead of enforcing Colorado Law, the officer who responded ordered Karen to leave or she would be arrested and her dog impounded. On Karen’s behalf, we filed a charge of discrimination with the Colorado Civil Rights Division for violations of the Colorado Anti-Discrimination Act and the Americans With Disabilities Act. On December 17, 2013, the Director of the Civil Rights Division issued a ruling that probable cause existed to establish a denial of full and equal enjoyment of a place of public accommodation based on disability. After this finding, North Park Inn and Suites was keen to settle the case and settle we did. The North Park Inn and Suites has changed its policy to admit fully anyone using a guide dog and has proclaimed that policy publicly through its website; has written a letter of apology; paid Karen Norton monetary damages; and has paid all our attorney fees. Our founder, Dr. tenBroek stated long ago that we have a right to live in the world. Part of that right includes our right to travel freely through the land whether using cane or dog. We protected this right for Karen Norton and we will enforce it for all! NFBCO ON THE LEGISLATIVE FRONT Speaking of laws, we have been active on the legislative front in the last year. Since 2004, we have been successful in securing an appropriation from the Colorado General Assembly to help fund NFB-Newsline®. This wonderful service allows us to access daily and other periodicals with essentially the same ease of use as the sighted. By using the computer, email, iPhone, and yes, even the old fashion telephone; we can access nearly 400 newspapers and magazines, weather alerts, Federation literature, and more. During the 2014 legislative session, we asked for and received an increase to NFB-Newsline® funding of $10,000.00 which will help us reach even more blind and low vision Coloradans so that they can take advantage of the vast amount of information available on Newsline®. We also played a critical role in two other pieces of legislation. We helped the Colorado Cross Disability Coalition pass Senate Bill 118 that strengthens the Colorado Anti-Discrimination Act by aligning Colorado’s disability discrimination standards with the Americans with Disabilities Act, increased civil penalties for violation of the act from $50 per incident to $3500.00, and EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 4 of 10 assuring that successful claimants can recover their attorney fees. Additionally, we participated in legislation addressing transportation network companies, companies like Uber and Lift. The legislation officially permits these companies to operate in Colorado and brings them under the regulatory umbrella of the Public Utilities Commission. We made certain that this legislation included provisions making it clear that these companies cannot discriminate against passengers based on their disability. On the national level, we have been advocating for a number of new laws before Congress. Earlier today, you heard about our efforts with regard to TEACH, theTechnology, Education and Accessibility in College and Higher Education Act. If passed, this new law would authorize the creation of guidelines that higher education institutions could use to guaranty that all electronic educational materials were accessible in a nonvisual manner. From the Colorado Congressional delegation, we have been successful in persuading Senator Michael Bennet to become one of the early cosponsors of TEACH in the U.S. Senate and Representative Michael Coffman has signed on in the House of Representatives. We will not rest until we pass TEACH and thereby afford blind college and university students to access course materials with the same ease as their sighted peers. We remain staunch advocates of fair wages for workers with disabilities. As most of you know, it is still legal for employers to pay workers with disabilities below the minimum wage. We are the only class of people for which this is legal. The Federation, with the help of Congressman Greg Harper of Mississippi, has introduced House Bill 831 which would eliminate the law that allows this hideous practice to exist. From Colorado, Congresswoman Dianna DeGette and Congressmen Ed Perlmutter have cosponsored H.R. 831 but we need to get our entire delegation on the bill. We simply cannot stand by and permit such blatant discrimination. People with disabilities will have the right to earn the same wage as those who are not disabled. This will be so because of the National Federation of the Blind. DVR A year ago, I talked to you about the Colorado Division of Vocational Rehabilitation (DVR) which is under the Colorado Department of Human Services. Long ago, Congress passed the Rehabilitation Act which provides 80 percent of the funding to help blind and other individuals with disabilities to achieve competitive employment, with states being responsible for coming up with the remaining twenty percent. You can think of the relationship between DVR and the client as a contract. In fact, the relationship is governed by something called the individual plan for employment. If you, the client, do what you are supposed to do, then DVR is supposed to provide the funding and assistance necessary to acquire education and the assistive technology with the ultimate goal of securing a job. With respect to the disabled of Colorado, DVR has been flagrantly breaching its contract with us. I told you last year that hundreds of individuals were on a waiting list and could not even open their cases with DVR. That number is now several thousand. I also told you that part of DVR’s lack of efficacy stemmed from the fact that it is so low in the Department of Human Services food chain that priority is not attached to its mission of helping us escape unemployment and therefore poverty. This remains true. The only shimmer of hope that I was able to reference a year ago was that DVR had just hired a new director, Joelle Brouner, a woman with a disability, commitment, and energy with ambitious goals. Well, the Department has shoved her aside and demoted her. Without further adieux, I EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 5 of 10 think it is fair to say that this system is irreparably and completely broken and must be jettisoned! In the coming year, we will work with other concerned organizations, like the Colorado Cross Disability Coalition, to affect major reform. We will go to the Colorado General Assembly and demand a complete restructure of the rehabilitation system here in Colorado. DVR probably needs to be moved to a different department and given a much higher profile. It must have more specialized services so that it can meet the needs of individuals with varying disabilities much more effectively, and it goes without saying that this waiting list must be eliminated. We will make DVR live up to its end of the bargain. We will insist upon our right to have a real opportunity to secure meaningful employment and escape the bonds of poverty. This will happen because of us, the National Federation of the Blind! COLORADO SCHOOL FOR THE DEAF AND BLIND Unlike the DVR situation, our relationship with the Colorado School for the Deaf and Blind (CSDB) has gotten much brighter. Last year, I expressed our dismay with the school and its lack of participation and partnership with us. This year, I am happy to report that things between the school and us are much better. Last December, a number of us met with Carol Hilty, superintendent of the school where we laid out all of our concerns clearly and with great force. She responded positively and committed the school to a much higher level of partnership with us. She has kept her word. Since that time, our mentorship program has expanded greatly. We now go to the school and teach a 7th period philosophy class and we stay after working on assisted daily living skills such as cooking and cleaning. We do so with our own Marty Rahn who has been hired as the Daily Living Skills instructor for the school. We have had 12 or more participants each visit. We have also participated in professional training sessions for the school’s staff. We have also welcomed CSDB’s new principal, Chris Cockrill, and he has been working with us enthusiastically to expose CSDB students to Federation philosophy. Our future partnership with CSDB looks very promising indeed. THE BLIND COLORADAN You all know the old adage. If a tree falls in the forest but no one is there to observe it, did it really make any noise. The same is true for us. If we don’t get out the word about the great work we do, we won’t reach new people and educate the public. To that end, we started publishing the Blind Coloradan. It took the form of a traditional newsletter and under Kevan Worley’s leadership; it grew each issue reaching a point where we put out a fifty page publication each quarter. However, our research led us to the conclusion that people were not reading it and taking advantage of the information presented. That is why we have transformed the Blind Coloradan into a blog, http://theblindcoloradan.blogspot.com/. Since its creation in late July, We have published 24 posts with nearly 2000 views. Not only do we have readers from Colorado and all across the United States, individuals from France, Russia, Poland, Canada, Germany, Italy, Norway, Greece, and Indonesia have been enjoying our posts. In addition to providing written articles, we have the ability to post videos, audio recordings, and still pictures. In three short months, we have spread the Federation’s message to far more people than we had reached before. BUILDING THE FEDERATION AND CHAPTER DEVELOPMENT Over the years, I have participated in many philosophical discussions where we kick around concepts such as what is the Federation’s most important mission. These discussions inevitably EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 6 of 10 lead to everything from more public education, more training centers, more educational programs for blind youth, and more law suits to protect our rights, and the like. All of these are important, but for me, our key mission is to build the Federation We do this through chapter development, recruiting and strengthening our membership from the grass roots up. Here in Colorado, we are actively building the Federation both nationally and locally. As we near the celebration of our 75th anniversary as a national organization, we have organized the 75 Days of Action Committee which is very capably co-chaired by Kevan Worley with Jessica Beecham and I having the pleasure of serving on the steering committee. Jeanette Fortin, Maureen Nietfeld, and Melissa Fishburn have also served on the broader committee. With significant help from Colorado, we have created dozens of new chapters and strengthen existing ones nationwide. As part of this effort, Kevan and Jessica have spent time in California helping to form a new chapter in San Diego and organized a “Discover You” Seminar in San Francisco which attracted over a hundred new people to the Federation. Some have wondered openly why I would authorize some of Colorado’s prized resources to work so actively in other states, but I do not view our mission so territorially. We must build the Federation from Key West, Florida, to Bangor, Maine, to Greeley, Colorado, to Seattle, Washington, and to San Diego, California. We are one family with one mission. There is no doubt that here in Colorado, our chapters and divisions represent the backbone from which we build all else. It is impossible for me to mention everything that we have accomplished in the last year, but the following snippets will give you some flavor. In January, we formed the Grand Valley Chapter with Nathan Hecker being elected as its president. Grand Valley, are you in the room? The chapter has been growing and conducted its first fundraiser raising several hundred dollars. At this convention we are forming a Sports and Recreation Division which has already put on a great activity yesterday and will encourage us all to get a lot more physically active and more healthy. Plans are in the works to create a diabetic action division and reestablish chapters in Durango and Canon City. Under the capable leadership of Melissa Green, the Colorado Association of Guide Dog Users has been on the move. In March, this division sponsored a seminar for guide dog users which attracted over fifty folks with participants hearing from guide dog programs, veterinarians, orientation and mobility instructors, and guide dog users themselves. The Division has also started a newsletter called the Water Dish. Antonio Rozier has led the Colorado Association of Blind Students to new heights this year. In March, Colorado put on the second Western States Student Seminar. With nearly 30 participants from Nevada, Arizona, California, Colorado, Kansas, Georgia, Wisconsin, Iowa, Nebraska and Oklahoma, Dr. Marc Maurer, our immediate past president nationally, served as our keynote speaker. Participants had the opportunity to tour the Colorado Center for the blind, brainstorm accessibility solutions, participate in hands on activities including chemistry, astronomy, and art. Students also had the opportunity to use the light rail and local Colorado transit system to check out the 16th Street Mall and enjoy a fun night of bowling downtown. EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 7 of 10 Our Senior Division with Diane McGeorge at the helm has been growing significantly. The division helps run our senior support groups and assists with our residential program called Seniors in Charge. The Division now publishes a newsletter which we also call Seniors in Charge. Michael Massey, President of the Pueblo Chapter, reports that we held a chapter building event in Pueblo as part of the 75 Days of Action Campaign and the chapter helped out at this year’s Colorado State Fair, spreading our Federation message to the public at large. Under Jeanette Fortin’s outstanding stewardship, our Colorado Springs Chapter continues to grow by conducting a number of chapter building events. Most recently, the Chapter participated in the Emma Crawford Memorial Coffin Race which provided a unique opportunity to spread our word. The Springs Chapter informs me that the event wasn’t a dead end. Under Maryann Migliorelli’s seasoned leadership, our Boulder Valley chapter has started a collaboration with BDT Stage, formerly Boulders Dinner Theatre to provide audio description for shows during the past and current seasons. Our chapter members have started mentoring each other in travel and public transportation and have started a technology segment at their meetings where they answer questions about how to use items such as iPhones, Library of Congress players, and other gadgets of interest to our members. Under Gary Van Dorn’s outstanding leadership, the Mile High chapter has been doing fundraising in conjunction with the Denver Center for the Performing Arts. It has been a great way to enjoy the arts and let people in the community know that blind people enjoy theatre too! Speaking of the arts, the Mile High Chapter was all jazzed up at its summer picnic. With burgers, hot dogs, and a live jazz performance. A great time was had by all and they made a little money too. The Mile high chapter has also had a substantial presence at RTD Board meetings and the chapters meet the blind event involved having a huge presence at the October 28, RTD board meeting. Our newly elected Poudre Valley Chapter President, Valerie Utter, wants us to know that the Federation is growing in Fort Collins and surrounding areas. The Chapter rocked it out with 7 bands and raised some money to get their bank account started. The chapter is also gearing up to take some major action to improve accessibility of public transit in Ft. Collins. Tom Anderson now serves as our Denver Chapter president and assures us that the Chapter is very active indeed. It continues to have a great presence in the community as demonstrated by Littleton’s Western Welcome Week where the chapter ran a booth, spreading our message to the public. The Denver Chapter had another fantastic summer picnic featuring a bouncy house for all the kids, big and small. The Chapter enjoyed an evening at Lady Luck Casino while raising money for the chapter which in turn allowed the chapter to sponsor a middle school student to attend the CCB summer program. Wayne Marshall runs our Aurora Chapter and it continue to conduct several public events where our message about blindness is featured. The Chapter has also established a close working EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 8 of 10 relationship with the Lions which will help us in the future to expand the reach of our programs. Cody Bair effectively leads our Greeley Chapter and he has noted several significant activities. In the past year the chapter hosted a successful fund raising luncheon at which numerous members of the general public attended and learned about the National Federation of the Blind. Additionally, they have been working closely with Greeley Evans Transit to ensure that various aspects of their transit system are accessible to blind individuals such as route guides and newly implemented electronic fare machines. Everett Romero has presided over the Colorado Parents of Blind Children. It continues to publish the E-connector offering important information about blindness to parents. The division has also participated in a number of events to spread the Federation’s message. The Colorado Association of Blind Merchants, led by Brad Basta, has worked with the Colorado Business Enterprises Program to improve economic opportunity for blind business owners. The Division has also sponsored a number of events where blind vendors can network and share tips. Michelle Chacon serves as the dynamic president of our North Metro Chapter and her chapter has been very busy. They have conducted several fundraisers including a terrific wine tasting at Spero Winery and shared half the proceeds with the affiliate. The Chapter sent several people to national convention and assisted twenty-two people to be with us here this weekend. Penn Street has been leading the at Large Chapter. That chapter has helped us reach areas of the state which would otherwise be hard to touch. It has also helped us create new in person chapters, the Poudre Valley Chapter being a prime example. There is no doubt that our chapters and divisions are extremely active and helping to build and grow our Federation. You will hear more from them directly tomorrow but for now, let’s give our chapters and divisions a huge round of applause! IMPACT OF NFBCO NATIONALLY, MEMBERS HONORED As you can tell from this weekend’s agenda and this report, our affiliate has a large footprint on the national organization. Our leadership is deep and our involvement substantial. There are just too many individuals involved at a national level to list. However, I wish to point out a significant honor achieved by one of our outstanding leaders. At this year’s national convention, the Federation bestowed the Blind Educator of the Year Award on Michelle Chacon for her outstanding service to the community, her profession, and to the Federation. While presenting the award to her, David Tikki from Boston who chaired the award committee collected some quotes about Michelle’s impact. They are: “consummate professional, natural teacher, builds positive and effective relationships, believes in blind people, has expectations for blind people, will work closely with families, and she will always take the extra step.” Michelle, you are one of our stars; we love you; and we congratulate you on this honor! It is always difficult to talk about oneself but I do so now because it is only with your love and support that I have been able to accomplish anything. Our Federation family granted me a great honor when I received the Jacob Bolotin Award at convention for my work in establishing the Marrakech Treaty to Facilitate Access to Published Works for Individuals Who Are Blind, EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 9 of 10 Visually Impaired, and Otherwise Print Disabled, an international agreement that should put many more accessible books into the hands of blind people worldwide. Dr. Bolotin, as far as we know, was the first blind medical doctor in the United States and he practiced medicine and demonstrated that the blind can live the lives they want in the early part of the last century, about two decades before the Federation was even born. When I received the award, I quoted from Dr. Bolotin’s very own words as reported from a Chicago newspaper in the 1920’s and you will see how he would have fit right in with our Federation family and our message. When talking about being a blind doctor, he said, "Well, is there anything so remarkable about it? Because a man has no eyes is it any sign that he hasn't any brains? That is the trouble with the world and the blind man. All the blind man asks is fair play. Give him an equal chance without prejudice, and he generally manages to hold his own with his more fortunate colleagues." THANK YOU’S AND CONCLUSION For the award and for my life, I am so incredibly thankful. I could not live the life I want and serve as your president without my family. As I have said before, there are two major parts to my family the LaBarre’s and all of you. Without the love and support of Anahit, Alexander, and Emily, there is no way I could serve in this role. It is my honor to privilege to serve with our outstanding officers and board of directors and I salute and thank you for your terrific service. Without our staff, Lisa Bonderson, Lorinda Riddle, and Jessica Beecham, we could not manage this amazing organization. Finally, I thank all of you for your love and support. It is our membership who truly helps us achieve our dreams. In closing, I reflect upon the words of our brand value proposition because I believe them to be true for all of us. I am filled with hope, energy, and love by participating in the National Federation of the Blind because my expectations are raised, my contributions make a difference to me and to others, and I can celebrate the realization of my dreams with my Federation family. In Colorado and elsewhere, you and I are truly changing what it means to be blind by living the lives we want. We know that a life with blindness need not be one of tragedy. First-class citizenship is no longer just a fanciful dream. It shall become our reality. We have touched the flame of freedom and it has ignited our hearts and minds. Let us join those hearts, minds, and our collective action together and march the rest of the way to true freedom. This is our mission. This is our Federation and this is my report to you! 2233 W. Shepperd Avenue Littleton, CO 80120 Phone: (303) 778-1130 Fax: 303-778-1598 © 2015 All Rights Reserved Contact Us | Sitemap | Privacy Policy Web Design by Infront EXHIBIT 1 Case 1:15-cv-02692-MEH Document 78-1 Filed 01/25/17 USDC Colorado Page 10 of 10 1 Newsletter of the National Federation of the Blind of Colorado Vol. 3 No. 1 February 2013 Scott C. LaBarre NFB of Colorado President 2233 W. Shepperd Avenue Littleton, CO 80120 Phone: (303) 778-1130 slabarre@nfbco.org Kevan Worley Editor 1837 S. Nevada Avenue PMB 243 Colorado Springs, CO 80905 Phone: (866) 543-6808 kevanworley@blindmerchants.org EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 1 of 27 2 Table of Contents: A Letter from the Editor ______________________________________________ Page 3 From the President’s Desk _____________________________________________ Page 4 Jessica At Large _____________________________________________________ Page 6 Presidential Report __________________________________________________ Page 8 NFB-NEWSLINE® at Your Finger Tips: Push It, Flick It, Click It, Read It ___________ Page 16 Resolutions, 2012 NFB State Convention _________________________________ Page 19 Indy Super BLAST 2013 _______________________________________________ Page 26 EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 2 of 27 3 A Letter from the Editor Dear Reader, Wow! It’s been a long time since our last Blind Coloradan. Let me apologize, dear reader. As you recall, it was our intention to publish a newsletter approximately four times a year. Well, it looks like we will be publishing about three times per year. We are committed to a newsletter. We know of the great need for information distribution. We must spread news of our meetings and events, and provide the philosophical perspective of the NFB to those within our organization, as well as others who enjoy reading the Blind Coloradan. I do regret the delay, but during our hiatus you can rest assured that this affiliate has been on the move. You will read about that movement in these pages. We hope we inspire you. We hope there is information in these pages which will be useful to you. Our next publication date will be just prior to the National Convention. So, send your articles, ideas and accomplishments. We look forward to sharing them with friends and colleagues. At Your Service, Kevan Worley Aggregator & Contributor EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 3 of 27 4 From the President's Desk First, let me start by wishing all of you a happy 2013 and may you have an excellent year. Of course, I wish our Federation the same thing and expect it to come true. As I write this, we are at the 2013 Washington Seminar. There will be approximately fifteen of us representing the NFB of Colorado and we have appointments scheduled with our seven Representatives and two Senators. Go to our main NFB website to read about this year's national legislative priorities. On February 27th, 2013, we will conduct our Annual Day at the Capitol starting at 8:00 am in the Old Supreme Court Chambers, which is located on the 2nd floor of our State Capitol. This year we will again seek state funding for our NFB Newsline Program and pursue legislation that guarantees access to education in our state, which is becoming more and more digitally based. It is likely that we will pursue other items and those are presently under consideration. Join us on the 27th of February and let the voice of Colorado's blind be heard. We plan on conducting an in-person, public Board Meeting of the NFB of Colorado in March where we will discuss our ongoing priorities as an organization. Stay tuned to our website and email lists for the date and time of the meeting. Currently, we are targeting March 2nd at our Colorado Center for the Blind but this has not been set in stone. Once again, the NFB of Colorado will be offering academic scholarships for up to five blind Colorado students. Buna Dahal, our State Secretary, is chairing that committee and applications are due by April 15th. Go to our website, www.nfbco.org, to obtain the application and other relevant information. The NFB of Colorado will be offering limited financial assistance to our National Convention in Orlando, July 1-6. The deadline to apply for such assistance is May 1st and you can contact Lisa Bonderson at lbonderson@labarrelaw.com or 303-504-5979 to process your application. Before you know it, it will be time for our State Convention. We will be holding the Convention in Colorado Springs and don't be surprised if the Convention is a little earlier this year. There is a possibility that we will conduct the Convention during the first weekend of October. Stay tuned for details. We expect to finalize this year's convention plans in the next couple of weeks. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 4 of 27 5 Thank you for your support and commitment to our Federation. It takes all of us to change what it means to be blind. May the rest of your winter be not too cold or snowy. I look forward to seeing all of you at our various events. Scott C. LaBarre President National Federation of the Blind of Colorado EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 5 of 27 6 Jessica At Large From the Editor: I told you that during our hiatus from publishing this newsletter, the NFB of Colorado has been on the move. This is so because of our members and our great leadership driven by a philosophy of empowerment and change. One manifestation of that commitment and imagination is the tremendous work being done by Jessica Beecham. As most readers know, Jessica was hired last spring. She is the Chapter and Community Development Coordinator for the National Federation of the Blind of Colorado. I know you will be inspired to read Jessica’s report. Here it is. 2013 is shaping up to be a busy and exciting year for the NFB of Colorado. The NFB of Colorado Board of Directors and staff from the Colorado Center for the Blind started things off in true Federation fashion with a leadership seminar at the National Federation of the Blind Jernigan Institute (NFBJI) in Baltimore, January 2-6. Dr. Maurer, Mrs. Maurer and Mark Riccobono spent the weekend showing off the building, teaching the history of our organization, and helping us take a closer look at the future of the NFB of Colorado. Besides learning that 300 average-sized houses or 150 Kevan Worley-sized houses could fit into our NFBJI building along with lots of other useful information about the Federation, we had the opportunity to grill our own steaks, use a chainsaw, enjoy lots of warm cookie breaks, and get to know one another better. Our Board of Directors and staff from the Center came back with tons of knowledge, innovative ideas, and the energy and enthusiasm that is sure to help the NFB of Colorado do GREAT things in 2013. Since the last issue of The Blind Coloradan, our Community At Large chapter, our chapter that meets via conference call, officially adopted a constitution and elected a Board of Directors. The new President is Penn Street of Loveland; the Vice President is Alice George of Loveland; the Secretary is Karen Norton of Fort Collins; the Treasurer is Mark Meusborn of Holyoke; and the Board Member is Zubie Devish of Meeker. NFBCO is very proud of our Community At Large chapter and expects to see great things in the upcoming year. A special thank you goes out to Beth Allred, Buna Dahal, Julie Deden, and Eric Woods who served as the Executive Committee for the Community At Large chapter while it was in the development stages; as well as to Diane McGeorge who willingly offered her time, support, and advice to ensure the success of the chapter. If you or someone you know would like to be involved in the NFB of Colorado but do not have access to an in person chapter meeting, please join our call. The Community At Large chapter meets on the fourth Tuesday of each month at 7:00 PM. To access our meeting, dial 605-475-6700 and enter access code 3566475#. We will be organizing a chapter in Fort Collins at the beginning of March, so if you have blind friends in the area please let them know we are coming and pass along our contact information. Anyone interested in more information about the Fort Collins chapter can call Jessica Beecham at 303-778-1130, extension 223, or e-mail jbeecham@cocenter.org. NFBCO has continued to do lots of work with the Colorado School for the Deaf and Blind (CSDB). We are still working to launch our Mentors Offering a Vision of Excellence and Success EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 6 of 27 7 (MOVES) for blind students program. “If the good Lord’s willing and the creek don’t rise” as they say in Tennessee, our program will begin in mid-February. Brent Batron and I have been working on the strategic planning committee at CSDB to give our input about the future direction of the school. During our last session there was a lot of brainstorming and sharing of ideas. In our next meeting on February 13, these ideas will be narrowed down into more specific areas of focus. We will keep our members up to date on CSDB happenings as they pertain to NFB of Colorado. Brent and I, along with three students from the Colorado Center for the Blind, assisted in the 2013 Braille Challenge. More advanced Braille learners took tests to determine speed, accuracy, and knowledge of Braille. Our group worked with the rookie learners and got to play games like Braille twister, Braille cards, spelling challenge, and more. The day ended with Goalball instruction by United States Association of Blind Athletes. Everyone had a fantastic time! Our chapters around Colorado are doing lots of exciting work. The Mile High chapter will be holding a wine and chocolate tasting on February 10th from 2:00 PM to 5:00 PM at D’Vine Wine, located at 1660 Champa St., Denver, Colorado. Tickets are $25.00 and can be purchased at the door or by calling Jessica at 303-778-1130, extension 223. The Colorado Springs chapter is looking into the formation of a community Braille class. This will be a great project to help individuals who are blind gain the gift of Braille literacy. The Boulder Valley chapter is focusing on reaching out to individuals in Longmont so that they can attend Boulder Valley chapter meetings until there are enough participants to form a Longmont chapter. The Greeley chapter is working to plan a Do It Different Expo to show the community alternative ways that the blind access technology and perform daily tasks with high and low tech devices. It is always a joy to be involved in the great work being done by our chapters throughout the state. Brenda Mosby and I have formed an employment committee, which will ideally transform into an employment division. Our initial plan is to offer employment seminars which will educate individuals who are blind about the skills necessary to get a job, what employers are looking for, as well as introduce participants to prospective employers in the area. We will also be creating YouTube videos about employment topics such as dressing for success, acing the interview, work place dos and don’ts, and more. Our first employment seminar will take place in Pueblo. When the details have been decided information will be available on our website at www.nfbco.org, so keep checking to learn more. This year is going to be another GREAT one for the NFB of Colorado and we want YOU to know EVERYTHING that is happening around Colorado! Keep reading “Jessica At Large” in the Blind Coloradan, check our website at www.nfbco.org, read our blog at http://nfbco.blogspot.com, follow us on Twitter @nfbco, like us on Facebook by searching for National Federation of the Blind NFBCO, and stay tuned to our local NFB-NEWSLINE channel. For more information about how you can become more involved with the NFB of Colorado, Contact Jessica Beecham at jbeecham@cocenter.org or by phone at 303-778-1130, extension 223. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 7 of 27 8 Celebrating Our Success and Embracing Our Future: A Presidential Report By Scott C. LaBarre Delivered before the 58th Annual Convention of the National Federation of the Blind of Colorado October 26, 2012 Blindness, the very thought, strikes fear into the hearts of many; signals helplessness to most; and represents a manageable challenge to a determined few. We, the National Federation of the Blind of Colorado, fall into this latter group. We formed in 1955 for the expressed purpose of combating the debilitating stereotypes and misconceptions born out of the fears held by so many. As we have often said, it is not our physical disability that prevents us from achieving first class citizenship and full participation in the mainstream of society. Rather, the artificial barriers and attitudes erected by society represent the true limitations we face. Over the last fifty-seven years, we have devoted ourselves to taking down these barriers piece by piece, person by person. In the ways of the universe, fifty-seven years is such a miniscule period of time, yet the progress we have achieved can only be called extraordinary. The success we have achieved in this past year is no different and gives us great confidence that our dream of true equality will be realized. This year, we have taken a slightly different focus with our convention. Not only are we celebrating our success and looking to our future with hope, we have spent considerable time examining our past. Yesterday’s history seminar reminded us from where we came and how we have built such great success in Colorado. Tomorrow, Mrs. Jernigan will remind us that the power of the Federation here in Colorado stems from the fertile land planted and nurtured by our national movement. It is no mistake that our Federation reminds us that from Hawaii and Alaska to Florida and Maine, we are one movement. Although the Federation has a slightly different personality here in Colorado, we are an indispensable part of the national movement and the national movement is indispensable part of us. We grow and succeed only while working together in one organization, one movement. Colorado Center for the Blind As I have said from this podium several times in the past, our chief program is the Colorado Center for the Blind. It is the living, breathing embodiment of who we are. It is the application of our philosophy to real life. Our Center demonstrates that our philosophy is much more than just theory. It is a formula for independence and true first class citizenship. Tomorrow, you will hear from our Center and all its success in the last year. Our program has touched countless lives, not only here in Colorado, not only throughout the United States but all throughout the EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 8 of 27 9 world. I have not enough space in this report to highlight all the achievements of our Center in the last year, but there is one I must mention. On May 11, 2012, we cut the ribbon and officially opened McGeorge Mountain Terrace. This is our very own apartment where our Center students can live and put their independent living skills to the test. We have always rented student apartments, of course, but this beautiful complex is ours. Due to our success and status in the community as recognized by the Karl Smith estate and others, we had the financial capacity and maturity to purchase this 2.5 million dollar facility. Money from estates does not magically fall from the skies like manna. It comes as a direct result of the great work we do. After all, people do not want to leave money to organizations and causes they deem unworthy. The strength of our Center comes from the excellent leadership exhibited by our Executive Director, Julie Deden, the great capacity of our staff, the wonderful spirit and enthusiasm of our students, and, perhaps most important, the support of all of us through our Federation. In 2013, we will celebrate the Silver Anniversary of our Center. The first twenty- five years haven’t always been easy but they have been wildly successful. The heights to which our Center shall exceed in the next twenty-five years will only be limited by our imagination and our unwavering hope for the blind of our nation and world. Colorado Commission for Individuals Who are Blind or Visually Impaired On May 24, 2007, Governor Bill Ritter signed into law H.B. 07-1274 which allowed the sun to rise on the Colorado Commission for Individuals Who Are Blind and Visually Impaired (CCIBVI). The Commission's charge was to evaluate and make recommendations concerning programs affecting the blind including vocational rehabilitation, the Randolph-Sheppard Program, independent living programs, prevocational programs, and anything else of importance to the blind of Colorado. At first, we had great hope that this Commission could make a real difference. The authorizing legislation mandated that the Commission sunset this year, 2012, unless the General Assembly specifically reauthorized it to continue. As part of our 2012 legislative agenda as established by resolution of this convention, we advised the General Assembly that even though we were the ones to create the Commission, we had great reservations about allowing it to continue. The fact is that the Commission made no significant progress in achieving any of its legislative mandates over the five years of its existence. There were many reasons why this was so, including a lack of staff, lack of appointments from the Governor's office to fill positions on the Commission, a lack of priority placed on the Commission's programs, and political squabbles on the Commission. Even though the Colorado Department of Regulatory Agencies recommended that the Commission be continued, on January 24, 2012, the House Health and Environment Committee voted by a nine to one margin that the sun be allowed to set on CCIBVI. It is our testimony and organizational strength that made this happen. We must always remain a strong advocate for the programs we need, but once we realize that a program has failed, even if it is one we ourselves advocated be created, we must maintain the strength to call for its termination. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 9 of 27 10 Goodwill Protests Last year, I reported to you that on the twentieth anniversary of the ADA, over eighty of us gathered before the Colorado office of U.S. Senator Michael Bennett to protest legislation that would have linked the subminimum wage provisions of the Fair Labor Standards Act to the Rehabilitation Act. Due to our protests all over the nation, Congress dropped that legislation and it hasn’t raised its ugly head since. In addition to our protests, we introduced into Congress H.R. 3086 which would eliminate the lawful practice of paying workers with disabilities less than the federally mandated minimum wage. As we examined this issue more closely, we discovered that one of the largest employers which still pays subminimum wages is Goodwill Industries. Goodwill purports to be a leading advocate for the employment of people with disabilities yet pays thousands upon thousands of them less than the minimum wage, sometimes as little as twenty-two cents an hour. We felt it was imperative to bring this issue to the attention of the public and media and that is why we, along with nearly fifty other organizations, called for a nationwide boycott of Goodwill Thrift Stores earlier this spring. Additionally, we let it be known that on August 25, 2012, we would protest in front of Goodwill stores all throughout America. Here in Colorado, we have two main branches of Goodwill, Goodwill Industries of Denver and Goodwill Industries of Southern Colorado based out of Colorado Springs and we confirmed that both these entities routinely pay less than the minimum wage to workers with disabilities, sometimes less than a dollar an hour. In advance, of the protests, we reached out to both of these entities to engage in a discussion of their policies. The Goodwill in the Springs absolutely refused to speak with us and the one in Denver agreed to meet with us. Although the discussion with the Denver based Goodwill was an honest exchange of views resulting in a further commitment to keep talking, Goodwill Denver said that it would not, at this time, change its policies. So, on August 25, 2012, we joined over ninety other protests throughout America and staged two protests in front of Goodwill stores, one in Denver and the other in Colorado Springs. Over ninety of our members and several others from the Colorado Cross Disability Coalition carried picket signs, chanted slogans, sang songs, and let the public and media know all about Goodwill’s unfair practices. Thousands of members of the public saw our picket lines and took our informational pamphlets. Hundreds of thousands saw the news stories and read the articles that came out of our protests. Afterwards, the Goodwill in Colorado Springs did in fact agree to meet with us, and on September 4, 2012, Dr. Maurer who happened to be in town, Kevan Worley, and I met with a contingent of the Springs Goodwill including their CEO and members of their board. They agreed to take our concerns and ongoing request that the practice of paying less than the minimum wage be stopped back to their board. We will continue our efforts to change EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 10 of 27 11 Goodwill’s mind and we will push for passage of the Fair Wages for Workers with Disabilities Act so that Goodwill shall have no choice in the matter. It is astonishing to me that we must engage in this battle early in the twenty-first century and some twenty-one years after passage of the ADA. When people tell me that things aren’t so bad for the blind or disabled any more, all I need to do is think of the struggle we face trying to obtain fair wages for workers with disabilities. On this issue, some try to tell me that it is complex and not as simple as we portray it. Really? If you as an organization expect someone to show up on time every day and labor to make some product and you sell that product to advance the mission of your organization and you pay wages which can be taxed, we call that activity work and everyone in America gets paid the minimum wage except for workers with disabilities. This is blatant, unadulterated discrimination and we can’t stand for it! We must work as hard as we know how to eradicate this great injustice. We will not rest until every worker with a disability in our great land knows that he or she can expect to be paid fairly. We know how to get this done and we will! Google Apps for Government The digital era presents great opportunity for those of us who are blind. We can get our hands on the same information at the same time as the sighted. We can, if the system being used to transmit the information is compatible with the assistive technology that we use. If the system is not compatible, then the door of opportunity is slammed firmly shut in our faces and we are just as far away from true equality as ever. We currently have an example of this very dilemma blooming right here in Colorado. Our state government has adopted Google Apps for Government and is in the process of requiring all state employees to use it. The problem is that large portions of Google Apps are totally inaccessible. If this lack of access is not remedied very soon, our blind state employees will become far less efficient and not be able to keep up with their sighted colleagues. Someone like our very own Jon Deden who works as a Securities Examiner for the State of Colorado may find his job in jeopardy. We will not stand for this. Colorado’s purchase of Google Apps violates the very law that we got passed in 2001. That law requires the State to purchase only technology that is compatible with the assistive technology that we use. Beyond violating this law, forcing blind employees to use inaccessible technology runs afoul of the Colorado Anti-discrimination Act, the Americans With Disabilities Act, and Section 504 of the Rehabilitation Acct. Under Dr. Maurer’s signature, our national president, we have sent a letter to Governor Hickenlooper and the State Chief Technology Officer demanding that this problem be fixed immediately. Our hope is that our dialogue will lead to an accessible solution. Regardless, if discussion and negotiation do not work, we will take all means available to us to force the State of Colorado to follow the letter and spirit of the law. We will not be left on the wrong side of the digital divide. It is our EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 11 of 27 12 right under law and we will see to it that our right to work in a discrimination free work place is protected. After all, that is why we have the National Federation of the Blind. Colorado BEP The Federation has been the nationwide leader in establishing and maintaining the Randolph- Sheppard Program. This program grants a priority for trained and licensed blind managers to operate food and vending facilities on federal property and we have a very similar law on the books in Colorado as to state properties. Recently, we have learned that the State is opening a new administrative courts building which will have over 1200 employees. By right and Colorado law, food and vending opportunities at the building must go to our Colorado Randolph-Sheppard Program. The state is attempting to avoid our program and give the food service and vending to an outside party. We won’t stand for this! We have filed a complaint and will see to it that it is a blind licensed manager who operates the food and vending facilities at this new building. Bell Programs Last year, I reported to you on the success of our first BELL Program, Braille Enrichment through Literacy and Learning. This year, we expanded and ran two BELL Programs, one in the Denver area and one in Colorado Springs. We served fifteen children and their families. Michelle Chacon and Diane McGeorge served as our coordinators and did a terrific job. Countless others pitched in and helped out such as Marty Rahn who served as our lead teacher in C. Springs, Quinita Thomas, Eddie Culp, Ann Cunningham, Amelia Dickerson, Buna Dahal, and others. I had the opportunity to visit each program and spend several hours with the children. I circulated through every learning station, and from writing thank you cards to reading exercises to drawing tactile diagrams, Braille was the key component. The kids also engaged in a number of fun activities from visiting the swimming pool to enjoying local pizzerias where the kids were allowed to tour the kitchen and make their own pizzas. The key distinguishing component of our BELL program is that it is almost exclusively taught by blind teachers and role models. When I asked the kiddos what they were learning, they told me that they were learning how to be free and independent, learning how to be their own advocate, and learning that they should not be ashamed of being blind. We can be very proud that we have the capacity to touch these lives at a young age and that these children are coming into contact with our philosophy and our people much earlier than the vast majority of us had the opportunity to enjoy. Imagine how much brighter the future of these children is because they are armed with literacy tools and, more important, the self-confidence and belief in self espoused by the Federation. The BELL rings loudly and clearly in Colorado and it sounds a future full of great hope and promise. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 12 of 27 13 Educate Blind Children Now Last year, we established as one of our highest priorities the education of blind children in our state. We intended to conduct a thorough and robust review of how all education programs are affecting blind youth in our state. The Educate Blind Children Now Committee under the leadership of Kevan Worley has been doing exactly that, conducting high level meetings with the Colorado School for the Deaf and Blind and the Colorado Department of Education. We will receive a full report from this Committee tomorrow. Although education for blind youth in our state is good, we must strive to make it better and we shall. The Blind Coloradan Over the last fifteen months, we have now published five Blind Coloradans. Our newsletter has grown considerably in its scope and effect. The last issue, for example, contained, for the first time, a table of contents and ran nearly forty pages. The Blind Coloradan has helped us reach thousands in our state, and many others throughout the country and world have been reading it as well. Chapter Development Last year, I told the affiliate that we planned on hiring a full-time chapter and community development coordinator and we did exactly that. In mid March, Jessica Beecham joined our ranks and she has been doing a terrific job ever since. It is impossible even to summarize all she has done, but I will highlight a few items. She has traveled all over the state to visit existing chapters and start identifying sites for new ones like Rocky Ford, for example. She has led the effort to create our statewide, at large chapter. She has put us on the map in the social media world by revamping our website, creating an NFBCO Twitter account, developing an NFBCO Facebook Page, and starting an NFBCO blog. The blog has been visited by some one thousand- thirty different individuals who mostly come from the U.S. but also visit us from Russia, United Kingdom, Germany, Latvia, Canada, Malaysia, Sweden, France, Korea, India, Australia, and Ukraine. She has maintained and built our membership database to include over 900 individuals. You will notice that our local channel on NFB Newsline now contains several new categories and up to date information. We will be starting a mentorship program with CSDB soon. This and so much more has been accomplished by Jessica alone or through her leadership. You will hear from Jessica directly on Sunday morning for a full report. Needless to say, we are very grateful that Jessica is now a part of our family; here in Colorado. Chapter Highlights Our strength comes from several sources, one of the most important of which is our chapters. In the last year, our chapters have helped to make us a stronger and more dynamic affiliate. Like so many other items in this report, I cannot possibly tell you every wonderful thing that EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 13 of 27 14 our chapters have been doing, but I will attempt to capture the flavor and essence of how we are changing what it means to be blind. We have often said that our future resides in the student chapter. They have been busy this year by participating in technology conferences where our very own Antonio Rozier, President of the Colorado Association of Blind Students, has been delivering major speeches on assistive technology. Additionally, the students conducted one of the most successful leadership seminars in years with dozens of participants and great participation from our state board. Under the tremendous leadership of Michelle Chacon, our North Metro Chapter continues to grow and has held a number of successful fundraisers like the spectacular evening at Spero Winery where we sampled wonderful Colorado wines and tasty Italian foods. These fundraisers have allowed the chapter to send people to national and state conventions. The Chapter has also been conducting information campaigns at local north metro libraries. Gary Van Dorn capably leads our Mile High Chapter and it too has grown in the last year. Its fundraising, through a chocolate tasting last year, has allowed it to support, financially, our BELL Programs and is helping to send people to our national and state conventions. Maryann Migliorelli leads our Boulder Valley Chapter and it changes what it means to be blind by getting Braillers into the hands of blind youth, providing assistive technology to CU students, partnering with a local YMCA to make workout machines accessible and working with CU engineering students to develop equipment for adaptive recreation. Because of the amazing and energetic leadership of Jeanette Fortin, Our Colorado Springs Chapter grows rapidly as evidenced by sending nine members to national convention this year and holding a chapter picnic this summer which drew nearly fifty persons. The Chapter participates in several local events and fairs, spreading a positive message about blindness. Despite the tragic setback of losing its president, Rick Holcomb around Christmas time last year, the Pueblo Chapter soldiers on under Michael Massey’s fine leadership. The Chapter engages in public education campaigns throughout the community and just held a successful fundraising dinner. Melissa Green has provided solid and steady leadership for our Greeley Chapter and it has held a number of successful fundraising and public education events in the last year. This summer it held one of its largest chapter picnics ever. They also wanted to brag a little this year and point out that three of our state scholarship winners hail from Greeley. Brent Batron, President of our Denver Chapter, has provided excellent and steady leadership for several years. The Chapter continues to prosper and its achievements are too many to mention here. It has conducted information campaigns at events all over the metro area and held a wildly successful event on the Sixteenth Street Mall on White Cane Safety Day. The EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 14 of 27 15 Chapter also continues to raise significant funds to help all of our programs. Several of our Denver Chapter members serve in various capacities with the local transportation agency, RTD, including service on the Automated Stop Announcement Advisory Panel. Those efforts are leading to RTD’s implementation of an automated stop announcement system which will be a nationwide model and leader. Thank You and Conclusion As I conclude this report, I must say thank you. First, if it weren't for the support and love of my family, Anahit, Alexander and Emily, there is no way I could serve as President of this wonderful affiliate. Thank you LaBarres! Second, I thank all of our officers and board members. You are an awesome team with whom I have the pleasure and honor to serve. Third, I want to thank our staff, Lisa Bonderson, Jessica Beecham, and Lorinda Riddle for helping us manage this terrific organization. Last, and most definitely not least, I thank all of you for your support and loyalty. It is only through all of our work together that we can truly change what it means to be blind. We know that a life with blindness need not be one of tragedy. Now, first-class citizenship is no longer just a fanciful dream. It shall become our reality. We have touched the flame of freedom and it has ignited our hearts and minds. Let us join those hearts, minds, and our collective action together and march the rest of the way to true freedom and first class citizenship. This is our Federation and this is my report to you! EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 15 of 27 16 NFB-NEWSLINE® at Your Finger Tips: Push It, Flick It, Click It, and Read It By Nijat Worley From the Editor: One of our affiliate’s favorite sons is Nijat Worley. As we head to the Colorado state legislature to ensure funding for NFB- NEWSLINE®, we thought we would publish this article from the Director of Marketing and Outreach for NFB- NEWSLINE®. Some of you may know that Nijat graduated from the University of Colorado Boulder last spring. During his years in Colorado, he was an active state and national blind student leader. In August he accepted a job at the NFB Jernigan Institute in Baltimore. He grew up on NFB NEWSLINE and is now helping to spread the word about that service to others who can benefit from it. Here is what he says. Since July of 1995, the National Federation of the Blind has operated NFB-NEWSLINE®, the world's largest newspaper service for the blind and print-disabled. NFB-NEWSLINE® was the brainchild of the late president of the National Federation of the Blind, Kenneth Jernigan, and today it has expanded to something much more than just a newspaper reading service for the blind. Currently NFB-NEWSLINE® service has over 100,000 subscribers, and it operates in 45 states. NFB-NEWSLINE® is available on a variety of devices carrying a number of different types of information for the blind. Currently NFB-NEWSLINE® carries 307 local newspapers, 38 magazines, 10 international newspapers, six national newspapers, and blindness specific publications including the Braille Monitor, Future Reflections and the Matilda Ziegler Magazine. The Denver Post, the Colorado Springs Gazette and the Associated Press of Colorado are the three newspapers from Colorado on NFB-NEWSLINE®. Some of the other publications on the Colorado NFB-NEWSLINE® channel include The Blind Coloradan, information about the Colorado Center for the Blind, news about Colorado elections, information about the Colorado Talking Book Library for the Blind, NFB-NEWSLINE® Jernigan Institute National News, and NFB of Colorado News, which provides news about networking groups for blind Coloradans, scholarships for blind students, and events and activities taking place around the state concerning the blind. In addition, NFB-NEWSLINE® provides access to interactive television listings, job listings, weekly target advertisements and emergency weather alerts. Some of the new publications recently added to NFB-NEWSLINE® include the Abilene Reporter News, Cat’s Pause, Citizens Voice, Dover Post, Times Tribune, Topeka Capital-Journal, and Winston Salem Journal, Reader’s Digest and Web MD the Magazine. The Financial Times, Kathimerini (from Greece), and the Moscow Times were also added, as well as Future Reflections, a publication for parents and teachers of blind children. For a full list of all the publications on NFB-NEWSLINE®, please visit https://nfb.org/participating-newspapers. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 16 of 27 17 In May of 2012, a new feature was developed that allowed users to create a personalized newspaper containing the sections that interest them the most. For example, readers can select the Business section from the Boston Globe, the Sports section of the Chicago Tribune, and the Technology section of the New York Times, etc. Subscribers can create their own “My Newspaper” by logging on to NFB-NEWSLINE® over the telephone. They can then enter the subscribers control panel from the main menu by pressing zero, followed by the five key. Currently this feature is available on the telephone service, on the web service and on the NFB-NEWSLINE® Mobile App. This app is an iOS app designed and maintained by NFB- NEWSLINE® to provide access to all our content right from your iPhone, iPad, and iPod touch. The NFB-NEWSLINE® Mobile App version 2.0 allows NFB-NEWSLINE® readers to read their newspapers, magazines, TV listings and emergency weather alerts right from their smart phone or tablet. The app runs on all iOS devices running iOS version 4.3 or later. The app is available in the Apple App Store, and you can find it by searching for “NFB Newsline” under the search tab. In September of 2012, we added AccuWeather emergency alert service to NFB-NEWSLINE®. This emergency alert service provides up-to-the-minute warnings on flashfloods, snowstorms, freezing weather advisories, wildfires, and hurricanes to the NFB-NEWSLINE® community. The information is provided to each subscriber for their specific area based on their zip code. AccuWeather alerts are automatically active for all NFB-NEWSLINE® subscribers. In order to take advantage of this service, all NFB-NEWSLINE® users should make sure that their address and zip code on their NFB-NEWSLINE® account is accurate. Once subscribers’ location information is updated, they will hear emergency alerts for their zip code when they log on to the system. They can choose to listen to the entire alert by pressing the number one key on the telephone keypad or they can bypass the alert by pressing the number two key to go to the main NFB-NEWSLINE® service. The emergency weather alerts are also available on the NFB-NEWSLINE® Mobile App. In December of 2012, NFB-NEWSLINE® added a new category called “Breaking News Online.” The Breaking News Online channel currently carries BBC Press, CNN news, Fox News, and the Huffington Post. The Breaking News Online publications are similar to the Associated Press and United Press International News Wires in that they are constantly updated with the latest news throughout the day. The Breaking News publications are available under option five from the main menu on the telephone service, followed by option one. Subscribers can also add these publications to their Favorites List for ease of access. Additionally, there are no longer limits to the number of publications subscribers may have in their Favorites Lists. Subscribers can also read their newspapers on the web by visiting www.nfbnewslineonline.org and logging in with their User ID number and security codes. There are instructions and appropriate software on this website to allow readers to download their favorite publications EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 17 of 27 18 to various types of playback devices such as the Victor Reader Stream from HumanWare, the NLS Digital Talking Book Player from the Library of Congress and all other MP3 players. NFB-NEWSLINE® service is constantly growing. If you have new services or publications that you would like to see on the system in the future, please call our comment line at (410) 505- 5896 and leave us a message, or write to nfbnewsline@nfb.org. If you have any questions or if you would like to subscribe to the service, please feel free to call (866) 504-7300, or e-mail nfbnewsline@nfb.org. You can also register online at www.nfbnewsline.org. We are your NFB- NEWSLINE® Team, and we are here for you so that you can have your NFB-NEWSLINE® on the phone, on the web and on the go. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 18 of 27 19 Resolutions Passed at the 2012 National Convention of the Blind of Colorado From the Editor: Each year at our State Convention the Federation deliberates over and typically passes a number of Resolutions. These Resolutions become the policy statements of our organization. In effect, these are the official planks of our platform. Below are statements of our resolve to take actions necessary to change what it means to be blind in Colorado and beyond. Resolution 1, 2012 Regarding Accessibility of Assessment Testing and Material WHEREAS, online testing is a rapidly growing method for assessing students in Colorado; and WHEREAS, these assessments are all too often not accessible to students who are blind and who have low vision; and WHEREAS, these students must utilize screen magnification, Braille and/or screen reading software to access information and such technology is often not accessible with the newly popular assessment material and programs; and WHEREAS, computerized testing has limited accessibility to those students who use Braille as their primary reading medium; and WHEREAS, Braille displays only show a limited amount of text which does not allow users to interpret charts, graphs, tables, drawings and other visual representations appropriately; and WHEREAS, under current methods a blind student’s ability to read and comprehend is not being accurately measured; and WHEREAS, current assessment methods are often unsatisfactory to measure accurately a student’s ability to read and comprehend other essential materials; and, WHEREAS, reliance on audio assessment tools may be appropriate for those students who may rely on screen-reading software as their primary reading medium; and WHEREAS, companies and school districts are moving in the direction of online testing and assessments without considering how all students will be impacted: Now, therefore, EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 19 of 27 20 BE IT RESOLVED by the National Federation of the Blind of Colorado assembled in convention on this twenty-eighth day of October, 2012, in Boulder, Colorado that this organization strongly encourage the Colorado Department of Education to engage in direct communication and partner with the Federation in research before moving to online assessments and/or curriculum; and BE IT FURTHER RESOLVED that we insist that assessment companies must maintain traditional paper assessments to ensure accessibility for all students; and BE IT FURTHER RESOLVED that we urge the office of the Commissioner of the Colorado Department of Education to collaborate with the National Federation of the Blind of Colorado and the private sector for profit companies to ensure that computerized testing will meet ADA and other accessibility standards and will be designed to assess accurately students who are blind or have low vision. Resolution 2, 2012 Regarding Successful Employment Outcomes for Transition Aged Kids WHEREAS, the federal Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA) define transition services as “a coordinated set of activities for a student, designed within a results oriented process, focused on improving academic and functional achievement to facilitate movement from school to post-school activities, including any of the following: employment, post-secondary education, vocational training, continuing and adult education, independent living skills, and community participation; and WHEREAS, under the Rehabilitation Act Amendments of 1998, a person must have a disability that interferes with the ability to work and must need vocational rehabilitation services to obtain or maintain employment and A person is presumed to be employable unless otherwise determined by DVR not to be so; and WHEREAS, Transition services, as defined under the Rehabilitation Act, are provided to all eligible youth with disabilities who can benefit from these services, including youth within the special education system; and WHEREAS, blind and low vision students have the option to remain in their home school districts which usually means that they are typically limited in their exposure to other blind people including peers or adults who are successfully employed; and EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 20 of 27 21 WHEREAS, this leads to lower expectations of themselves and a lesser understanding of blindness and their own abilities; and WHEREAS, acquiring transition services at the earliest possible time is crucial to self-esteem, confidence, having a positive attitude about their disability and success in a career, and also as vital participants in their communities: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in convention assembled on the twenty-eighth day of October, 2012, in Boulder, Colorado that this organization demand that DVR, the Colorado Department of Education, and all local school districts collaborate with the National Federation of the Blind of Colorado to ensure that all blind and low vision students of transition age are provided the opportunity to acquire the specialized training in areas such as daily living skills, college and employment as mandated by state and federal legislation; and BE IT FURTHER RESOLVED that we call upon DVR, CDE, and all local school districts to work collaboratively with us to ensure that the student’s Individual Education Plan and the Individual Plan for Employment are closely linked as sister documents to ensure the goals lead to the success of each student; and BE IT FURTHER RESOLVED that we insist that these organizations work diligently to level the playing field in regards to multiple employment experiences for blind students which will provide these students the same opportunities to encourage and increase successful employment outcomes allowing them to compete on equal terms with their sighted peers. Resolution 3, 2012 Regarding Demanding Appropriate Implementation of all Colorado Statutes With Regard to the Business Enterprise Program WHEREAS, the Randolph-Sheppard Act is “a cooperative federal-state program that provides employment opportunities for the blind;” and WHEREAS, this cooperative federal-state program provides opportunities for licensed blind individuals on federal and other property to manage and operate food service and vending businesses. 34 C.F.R. § 395.1 et seq(n); and WHEREAS, Section 26-8-105, Colorado Revised Statutes, specifically sets forth the procedures for cooperation between all state departments and the Department of Human Services with regard to implementation of the Business Enterprise Program for the blind; and EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 21 of 27 22 WHEREAS, the Judicial Department has categorically refused to apply the blind vendor priority at the Carr Judicial Center, and has instead issued requests for proposals, rejecting the DHS bid for a blind person licensed by DHS to operate the cafeteria and vending machines at the Carr Judicial Center; and WHEREAS, the law requires that all state agencies provide notice to DHS of plans to “acquire by ownership, rent, lease, or otherwise” and of plans to “substantially alter or renovate” any building with a view to making a determination as to whether the building contains a satisfactory site for a vending facility. C.R.S. § 26-8.5-103; and WHEREAS, the Judicial Department failed to provide the requisite notice; and WHEREAS, Colorado’s blind vending law applies to all state property, with the exception of institutions of higher education, the Auraria Campus, and the Colorado State Fair Authority. C.R.S. § 26-8.5-101(2). Thus, the Judicial Department is required to apply the blind vending priority at the Carr Judicial Center; and WHEREAS, upon realizing that the State Judicial Center under construction would serve as an excellent opportunity for the Business Enterprise Program to place a licensed blind vendor to operate food service and vending the Colorado Division of Vocational Rehabilitation Services took immediate steps to procure this facility in accordance with state statute; and WHEREAS, officials at the Ralph L. Carr Judicial Center have taken every opportunity to rebuff overtures made by the appropriate staff representing blind vendors: Now, therefore BE IT RESOLVED by the National Federation of the Blind of Colorado assembled in convention on this twenty-eighth day of October, 2012, in Boulder, Colorado. This organization commends the advocacy of the Colorado Division of Vocational Rehabilitation and applauds the imaginative and vigilant efforts underway by the Business Enterprise Program management and staff; and BE IT FURTHER RESOLVED that this organization condemn and deplore the actions being taken by officials at the Colorado Judiciary Center for their attempt to circumvent Colorado statute and limit job opportunities for the blind of Colorado; and BE IT FURTHER RESOLVED that this organization pledge to take all necessary action to ensure that proper implementation of the law occurs, particularly in view of the fact that these blatant illegalities are limiting opportunities for Colorado citizens at the Colorado Judicial Center, of all places. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 22 of 27 23 Resolution 4, 2012 Regarding State of Colorado Implementation of Google Apps WHEREAS, the digital era through the use of assistive technology provides the blind with the opportunity to access the same information at the same time as the sighted; and WHEREAS, assistive technology will provide timely access if the underlying information technology is compatible; and WHEREAS, the State of Colorado is implementing Google Apps quite Government for all of its employees; and WHEREAS, large portions of Google Apps are incompatible with the assistive technology used by the blind; and WHEREAS, even though blind state employees warned the state that Google Apps is not accessible, the State of Colorado purchased Google Apps in violation of several laws such as the Information Technology Access Act which requires that the State purchase information technology that is compatible with assistive technology, as well as violating the Colorado Anti- discrimination Act, the ADA, and SECTION 504 of the Rehabilitation Act; and WHEREAS, under the signature of national president, Dr. Marc Maurer, the National Federation of the Blind has sent Governor Hickenlooper and the State Technology Officer a letter demanding that the state provide equal access to Google Apps immediately: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in convention assembled this twenty-eighth day of October, 2012, in Boulder, Colorado that we express our outrage and grave concern that the State of Colorado purchased Google Apps for Government without ensuring that it is fully accessible to blind state employees; and BE IT FURTHER RESOLVED that if the State of Colorado does not provide accessibility to Google Apps for Government in the very near term, this organization take all measures necessary including legal action to force the State of Colorado to follow the letter and spirit of the law and provide accessibility. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 23 of 27 24 Resolution 5, 2012 Regarding Statewide Transportation WHEREAS, lack of accessible transportation is one of greatest barriers faced by blind men and women in achieving gainful employment, maintaining health, completing tasks that sustain independent living and family life, and realizing community integration; and WHEREAS, If a blind person cannot gain meaningful employment, enhance their education, complete tasks required of independent living, contribute to the sustainability of their families, and participate meaningfully in their communities, the chance of them leading positive independent lives is negatively impacted; and WHEREAS, despite the many rural and urban areas of Colorado that have transportation networks which provide blind travelers with the independence they seek, there are rural areas along the Front Range, Western Slope, and throughout the state that do not offer any transportation options for individuals who are blind, and other rural and urban areas throughout the state that offer such limited transportation that blind men and women cannot achieve gainful employment, maintain health, complete tasks that sustain independent living and family life, or realize community integration; and WHEREAS, the lack of options for the blind traveler will only increase as the population of the state grows and accessible transportation for the blind is ignored; and WHEREAS, there are federal and nonfederal grant opportunities, loans, and other revenue sources designated for building and maintaining mass and rural transit services; and WHEREAS, we, the National Federation of the Blind of Colorado, are well equipped to represent the rural and urban transportation needs of the blind of Colorado: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in convention assembled this twenty-eighth day of October, 2012, in the city of Boulder, Colorado, that this organization work closely with the Colorado General Assembly to enact legislation to require that adequate transportation be provided in all areas of Colorado so that blind men and women have access to transportation services that will ensure the ability to fulfill basic life functions including employment, activities of independent living, and community integration; and BE IT FURTHER RESOLVED that this organization work to ensure the enforcement of county, city and other ordinances already in place which are intended to give blind travelers equal access to transportation; and BE IT FURTHER RESOLVED that the National Federation of The Blind of Colorado strongly urge the Department of Transportation to work with The Federation to ensure any changes made EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 24 of 27 25 to the transportation network throughout the state meet guidelines that ensure the independence of blind travelers. Resolution 6, 2012 Regarding a Coordinated Effort to Address Transportation Problems in Rural Areas WHEREAS, blind residents of rural communities within the state of Colorado desire to be free from the shackles of poverty by securing remunerative employment and participating fully in the economic life of their respective communities; and WHEREAS, inadequate transportation causes blind people in rural areas to be dependent upon others and hinders them in their efforts to become taxpayers; and WHEREAS, good taxi service within small cities, and good bus service between small cities strengthens the infrastructure of each community: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in Convention assembled this twenty-eighth day of October, 2012, in the city of Boulder, Colorado, That this organization call upon federal, state, and local officials to work in creative partnerships with the National Federation of the Blind of Colorado, interested nonprofit providers, and small businesses from the transportation industry to develop a cost effective robust set of solutions to meet the essential transportation needs for the blind to participate actively in all aspects of community life. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 25 of 27 26 Indy Super BLAST 2013 From the Editor: Many blind vendors in the Colorado Business Enterprise program have begun making their plans to attend BLAST. Some readers of this newsletter know that BLAST stands for Business Leadership and Superior Training for Blind Entrepreneurs. Blind vendors and others interested in building business opportunities for the blind of Colorado will want to consider attending Indy Super BLAST 2013. Here is all of the information you need to make your plans now Mark your calendars! Please plan to join us for education, motivation and the largest trade show for blind entrepreneurs and others interested in building small business opportunities for the blind. The National Association of Blind Merchants, a strong and active division of the National Federation of the Blind, is very pleased to announce that the BLAST Business Leadership and Superior Training Conference will return to Indianapolis, Indiana in May of 2013. After much negotiation and vigilant consideration of the top conference and hospitality venues across the country, contracts have been signed with the magnificent Indianapolis Marriott Downtown. The Business Leadership and Superior Training conference has become the principal conference for blind vendors and state licensing agency management and staff over the past decade. Each year we have expanded curriculum, sought out the most dynamic speakers, added networking opportunities, team-building exercises, and top notch tours and entertainment. In 2013 we are moving this dynamic Business Leadership and Superior Training conference to the spring. In light of the recent far-reaching memorandum issued by President Obama and the recent launch of our National Federation of the Blind Entrepreneurial Initiative, we have much work ahead of us. Recent BLAST training conferences have also included a track for blind individuals who wish to develop small business opportunities in addition to or beyond Randolph-Sheppard. This effort will continue during Indy Super BLAST 2013. How can a rehabilitation agency help you start a business? What role can the Small Business Administration play? What is SCORE? How do you increase active participation between blind vendors and a state licensing agency? What are the best social media strategies to help build your business? How do you get started in franchising? What are the latest healthy vending and food service approaches? What are best human resource practices? What are the latest and greatest accessible business technologies? Join us as we answer these and many other questions at Indy Super BLAST 2013. Register now at www.blindmerchants.org. Conference registration fee is $200.00, or save $50.00 with early bird registration by registering before April 15, 2013. For assistance with EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 26 of 27 27 registration and for further information, call 866-543-6808. Hotel rooms are available at the low rate of $124.00 per night plus applicable taxes. Room rates are effective from Friday, May 17th through Thursday, May 23rd. Reserve your room at the Indianapolis Marriott Downtown by calling 1-877-303-0104, under BLAST 2013 or National Association of Blind Merchants. You can also reserve your room online by visiting: https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=9700023. EXHIBIT 2 Case 1:15-cv-02692-MEH Document 78-2 Filed 01/25/17 USDC Colorado Page 27 of 27 1 Newsletter of the National Federation of the Blind of Colorado Vol.3, No.3 Winter, 2012 Scott C. LaBarre NFB of Colorado President 2233 W. Shepperd Avenue Littleton, CO 80120 Phone: (303) 778-1130 slabarre@nfbco.org Kevan Worley Editor 1837 S. Nevada Avenue PMB 243 Colorado Springs, CO 80905 Phone: (1-866) 543-6808 kevanworley@blindmerchants.org EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 1 of 35 2 A Letter From the Editor Dear Reader, This will be our third Blind Coloradan in the new era. We are proud to offer, as our lead article, the Annual Report from the President of the National Federation of the Blind of Colorado. In early November we held one of the most successful State Conventions in our history. You will see some items in this newsletter from that Convention, including the Resolutions advocating positions of critical importance to the blind of the state. This issue also features a profile of one of our leading state Legislators, Pete Lee. I want to thank all of our contributors. Not everything submitted made it into this winter issue. That gives us a bit of a start on the spring issue. Now, dear readers, friends, and colleagues we want your input, announcements, and articles; 2012 promises to be an exciting year for the National Federation of the Blind of Colorado. We will chronicle our struggles, efforts, and successes in the Blind Coloradan. Please help us do so by submitting materials. I will do what I can to organize and edit. I want to thank our crack newsletter team. These folks all help with proofreading and distribution. Thanks to Julie Hunter, Lisa Bonderson, Lorinda Riddle and Rachel Gallow. I wish for you all, dear readers, a glorious Holiday. Fill it up with friends, family, cheer, high-hopes for others, big dreams for yourself, and kindness toward all. Celebrate, rest, eat, and be at peace. Make ready for an exciting 2012; you can make it so! At Your Service, Kevan Worley Aggregator & Contributor EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 2 of 35 3 National Federation of the Blind of Colorado 2011 Presidential Report: Delivered on the Fifth of November, 2011 by President Scott LaBarre at the State Convention Introduction We have all heard the saying "the writing is on the wall," meaning, of course, that some event or concept is predetermined and unalterable. For the vast majority of society, the writing is on the wall with respect to attitudes and views regarding blindness. The societal script dictates that a life with blindness is one of tragedy, low expectations, and is incapable of change. We in the National Federation of the Blind know differently, however. We know that with a positive belief in ourselves, proper training and resources, and a fair opportunity to demonstrate our innate capacity, a life with blindness need not be one of tragedy or despair. We can and do live normal lives with all the joy and jubilation encountered by others along with the trials and tribulations common to the human experience. Our way of experiencing the world is undeniably different but it is not inherently inferior or substandard. It's just different. We know this truth and live it daily. For most of us, it is second nature and is an unconscious part of who we are. In the National Federation of the Blind of Colorado, we have organized for the purpose of bringing our script regarding blindness to the broader society as well as carrying it to those who are blind that have not benefited from a positive philosophy and all that comes with it. We have made great strides forward since our formation in 1955. Life is much better for us than it has ever been. In some ways, though, the work has just begun and we have so much left to accomplish until a time when blindness is accepted as a different yet normal way of experiencing the human condition. To prove this point, we can all think of daily experiences that instruct us that we have not achieved our goals. Changing our destiny and our activities in the last year When we concentrate on those unfortunate experiences, an argument can be made that the future looks pretty bleak. However, through our work, we are truly changing what it means to be blind and the tide is starting to turn. Our activities over the last year demonstrate this fact. In our affiliate there is no more significant or important program than our Colorado Center for the Blind. At our Center, our Federation philosophy of hope and high expectations meets real life. Since 1988, literally thousands of blind men, women and children have been touched by our programs. You heard earlier this morning how our Center prospers in so many ways. The EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 3 of 35 4 worldwide impact of our programs cannot be understated. And the quantity and quality of the Center's work is far too vast to mention here. However, I take a moment to comment on the tragedy that occurred at our Center immediately before Christmas last year. As you know, a driver lost control of her vehicle under icy conditions while attempting to turn a corner and ran directly into a bus stop near our CCB apartments. She collided with three of our students, seriously wounding Georgie Sydnor and Carissa Ubersox and killing David Nanney. David had been elected as president of our CCB student Association and had found new life in the Federation philosophy and teachings. The tragedy of this accident cannot ever be adequately expressed. It struck at the core of who we are and what we believe. Under the amazing leadership of Julie Deden, the Center family pulled together and navigated its way through the turbulent waters. The public and media attention about the accident was intense and potentially damning but Julie handled all of it with strength and warmth. Even though many internet bloggers said terrible things like the blind shouldn't be let out into public without minders, the general media coverage focused on the human side of the story and how the staff and students were dealing with it and did not question why blind students were out traveling on their own. The coverage was exactly what it should have been, a story about a tragic accident and nothing more. This accident could have caused our students and staff to wonder about and question our fundamental beliefs about blindness but it didn't. In fact, the tragedy brought us closer together and compelled us to work even harder to acquire first class citizenship and freedom for the blind. At a memorial service conducted in January, David's wife, Anne, urged us not to focus on the great tragedy but to continue living life fully and work harder than ever to bring independence and hope to the blind. She told us that it is exactly what David Nanney would want us to do to honor him. Our Center has been doing exactly that and has strengthened its commitment to changing what it means to be blind in profound ways. Julie Deden, staff, and students, we salute you and we are so proud of how you represent us. You are the living embodiment of the National Federation of the Blind of Colorado. Our future is bright and secure because of you! Protesting Subminimum Wages Astonishingly it is still legal to pay workers with disabilities subminimum wages in this country. Section 14(c) of the Fair Labor Standards Act allows this practice and we are working hard to have this hideous section repealed. This summer, that effort ran into a stiff obstacle. Congress was set to reauthorize the Rehabilitation Act of 1973 and had proposed adding new language into the law that would have linked rehabilitation programs to Section 14(c), making it even easier to get away with paying subminimum wages. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 4 of 35 5 Nationally we organized over twenty protests before the state offices of the twenty plus United States Senators who sit on the committee of jurisdiction, the Health Education, Labor and Pensions Committee, including that of our very own, Senator Michael Bennett. On Tuesday, July 26, 2011, the 21st anniversary of the Americans with Disabilities Act, over eighty members of our affiliate gathered in front of Senator Bennett's office near downtown Denver. Because of our work here and all throughout the land, the work on linking the Rehab Act with Section 14(c) has been indefinitely postponed. Meanwhile, we have introduced H.R. 3086, the Fair Wages for Workers with Disabilities Act, into Congress which will get rid of Section 14(c) forever. B.E.L.L Program For the first time, our affiliate sponsored and ran the BELL Program, Braille Enrichment for Literacy and Learning. BELL is a creation of our Jernigan Institute and not only teaches the value of Braille literacy but also stresses how blind children can become fully independent and realize great hope for their futures. This year, Diane McGeorge and Michelle Chacon ran the program and they worked with several blind children ranging in age from five to eleven. Students not only practiced their Braille but also learned other non-visual skills, learned about art in a non-visual manner, and participated in field trips and outdoors play where independent cane travel was stressed. At the BELL closing ceremony, eleven year old Johnnie Jean told the assembled group that she now understood how Braille literacy is directly linked with freedom and that she was so thankful to have a bunch of new friends and positive blind role models. The BELL Program was in session on the day we protested in front of Senator Bennet’s office. Each student wrote a Braille letter to the Senator telling him that he better not ruin their futures by supporting subminimum wages for workers with disabilities. These children are so young, but it is clear that our future is in good hands with this bunch. Legislative efforts and Commission for the Blind We again conducted our State Day at the Capitol. The Day at the Capitol is our opportunity to visit our state representatives and senators and educate them about the issues facing us. This year we held it on January 25, 2011 and we centered on two main issues, NFB Newsline for the Blind and the Colorado Commission for Individuals Who Are Blind or Visually Impaired. For the last several years, we have received a grant from the State of Colorado to operate Newsline which allows us to access daily newspapers from all over the nation with the same ease and convenience as the sighted. Funding for Newsline comes from the Disabled Telephone Users Fund (DTUF) which is supported by a monthly tax on every landline, phone line in Colorado. Despite the bad economy and severe budget cuts, we successfully maintained NFB Newsline funding for another year. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 5 of 35 6 The DTUF also funds the Colorado Commission for Individuals Who Are Blind and Visually Impaired (CCIBVI). As you know, our advocacy led to the creation of this Commission and Governor Ritter signed it into law in May of 2007. The Commission's charge is to evaluate and make recommendations concerning programs affecting the blind including vocational rehabilitation, the Randolph-Sheppard Program, independent living programs, prevocational programs, and anything else of importance to the blind of Colorado. The authorizing legislation mandates that the Commission sunset next year, 2012, unless the General Assembly specifically reauthorizes it. We advised the General Assembly that even though we were the ones to create the Commission, we had great reservations about allowing it to continue. The fact is that the Commission has made no significant progress in achieving any of its legislative mandates over the last four years. There are many reasons why this is so, including a lack of staff, lack of appointments from the Governor's office to fill positions on the Commission, a lack of priority placed on the Commission's programs, and political squabbles on the Commission. These reasons are more fully set-forth in the resolution we are considering this weekend and are being discussed thoroughly elsewhere in this convention. If we adopt the proposed resolution which passed out of the Resolutions Committee last night, we will work actively to see that the Commission is sunset. If that is not ultimately our organizational objective, we will make certain that the Commission is accountable to the blind of Colorado. Local Chapters A key way to secure a better future for us is to build our Federation and that we have been doing. In the last year and a half, we have established two new chapters and it will be my honor and privilege to present the NFB North Metro Chapter and the Mile High Chapter with charters of affiliation at this evening's banquet. Michelle Chacon serves as our President in the North Metro and she has done an excellent job of forming and sustaining this new chapter. In particular, she has recruited several new parents of blind children to our ranks and because of those parents we were able to run our first BELL Program. Gary Van Dorn is our Mile High President and his chapter meets downtown Denver each month and has attracted over twenty new members to our cause. In its first ever fundraiser, the Mile High Chapter raised over $800.00 in a chocolate tasting. These two new chapters will help us secure the future and bring our message to more people. Our existing chapters continue to thrive and also help to build our Federation. Now in its second decade, our Greeley Chapter, under the leadership of Melissa Green, continues to grow. Greeley has continued its tradition of conducting a vision fair which reaches the blind of northern Colorado of all ages. That Fair has led to partnerships with local independent living centers, which in turn has opened up new avenues of communication where we can spread our message. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 6 of 35 7 Our Pueblo Chapter continues to work with the Pueblo Public Library at various information fairs where our literature and message is distributed to the public on a large scale. Our Pueblo Chapter stresses the importance of Braille literacy by brailing out the names of individuals who stop by their booth. Our President in Pueblo is Rick Holcomb and he is not with us this weekend because he has been battling a whole host of health complications including a recent bout with pneumonia. He has been in the hospital something like three times, just in the last month. Let's keep Rick in our thoughts and prayers for a speedy recovery because we need his leadership to help us carry out our mission in the southern part of the state. Under the presidency of Maryanne Migliorelli, our Boulder Chapter continues to grow and has done so to such an extent that it has had to pick a new, larger place to meet. In October, our chapter there conducted a haunted tour of Boulder conducted by a blind, professional tour guide. Even though the Denver Metro area now has three chapters, our Denver Chapter continues to grow and thrive under the capable leadership of Brent Batron. Its activities are too numerous to list. However, its most significant work this year surrounds our efforts with RTD, the Regional Transportation District. We have worked hard to restore some of the bus service that RTD plans to cut and we have we have convinced RTD to at least delay service cuts in the Access-a-Ride program. We continue to lead the way in convincing RTD to implement automatic bus stop announcements on all of its buses. We have a firm commitment that will occur over the next few years and we have more members than any other organization on the advisory committee formed to implement the plan. Under the energetic leadership of Jeanette Fortin, our Colorado Springs Chapter also continues to prosper. Our chapter there has been busy raising funds and expanding our relationship with the Colorado School for the Deaf and Blind. Like our Denver Chapter, the C. Springs Chapter has also been integral in protecting public transportation in that area. The Colorado Association of Blind Students, led by Melissa Green, has established mentoring programs with the Colorado School for the Deaf and Blind and has sponsored seminars for blind students all over the state. Additionally, CABS conducts regular teleconferences where blind students can share information and resources. Our Parents chapter, led now by Andrew Trujillo and Julie Hunter, continues to grow and expand. This year it has sponsored all manner of activities for parents such as a family picnic in July conducted with our Denver Chapter. In this last month, the Parents put on a fun walk around Stearns Park in Littleton emphasizing the importance of independent travel. Here at this Convention, the Parents are by far the most active chapter sponsoring several seminars and breakout sessions. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 7 of 35 8 I apologize now if I left out the good work of any of our chapters and divisions. The fact is that there is way too much to mention for such a short report as this. Regardless, without every activity, large or small, that we facilitate, our Federation would not grow and consequently the age old stereotypes and beliefs about blindness would remain. I salute and congratulate our chapters for their great work and urge them to keep growing our Federation! By the end of this year, we plan to hire a chapter and community development staff person. This will allow us to provide even more support for our existing chapters and to build new chapters. One of the first tasks of this staffer will be to develop an at large chapter, where individuals in parts of the state that we have not been able to reach will be able to join meetings through teleconferences and web events. We expect to find many new people through these tools. NFBCO Website I am pleased to announce that we successfully launched our new website in June of this year. We believe it to be much easier to use and full of useful information. Julie Hunter headed up our Website Committee and she and her committee have done a great job of keeping everything up to date and getting our presence felt on the Web. I also thank our First Vice President, Kevan Worley, for putting us in touch with Infront, the company who developed and helps to maintain the site. In the future, we will continue expanding the site and using it for interactive web events. The Blind Coloradan We have started the Blind Coloradan, edited by Kevan Worley. We will be publishing it quarterly and we need everyone to send material to Kevan for possible publication. If you want us to know what you are doing in your part of the state, we need your input. The Blind Coloradan also features the Blind Buzz. Buzz reports all the juicy rumors within the blindness community. NFBCO Scholarship Program In my opinion, this year we have conducted the best ever NFBCO Scholarship Program. These five young men and women confirm the fact that our future is bright. I congratulate Samantha Barrasso, Amelia Dickerson, Marcus Hernandez, Cody Bair, and Antonio Rosier. Winners, we have given you our money, trips to state and national convention, and our invitation for you to be part of our family. We hope you will accept and help us build this Federation to create a better future for us all. We have enjoyed hearing from you this weekend and look forward to our continued relationship. Based on the success we have had with this program, we will undoubtedly conduct another Scholarship Program next year. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 8 of 35 9 Just Do One Thing At the public NFBCO Board Meeting on Thursday evening of this Convention, I urged everyone present to commit to “just one thing.” Often we find ourselves pledging to conduct so many different activities that it becomes impossible to get them all done. By committing to just one project, whether large or small, we can bring the focus and energy necessary to that individual goal. If we all join together and make such a commitment, the overall net effect will be tremendous. As our great leader Dr. Jernigan said, we change what it means to be blind through individual actions collectively focused. I, for example, told the Board that my “one thing” is to visit as many chapters as I could outside of the metro area to help our affiliate grow. I encourage all of you to identify the “one thing” and make that your mission in the coming year. If we all do so, our growth in the coming year will be of legendary portions. Conclusion As I conclude this report, I must say thank you. First, if it weren't for the support and love of my family, Anahit, Alexander and Emily, there is no way I could serve as President of this wonderful affiliate. Thank you LaBarres! Second, I thank all of our officers and board members. You are an awesome team with whom I have the pleasure and honor to serve. Last, and most definitely not least, I thank all of you for your support and loyalty. It is only through all of our work together that we can truly change what it means to be blind. Finally, I want to thank our staff, Lisa Bonderson and Lorinda Riddle for helping us manage this terrific organization. With respect to our blindness, the writing isn't on the wall. We are not destined to live lives of tragedy and despair. This is so because the power is in our hands. With our hands, we shall write our own script. Our script is one of hope and high expectations. We work for a day when blindness is not considered a debilitating tragedy or great disadvantage. Because of our work and commitment to one another, I am confident that one day, blindness will be viewed as simply a different way of encountering the human experience, not inferior or superior, just different. Let us join our hearts, minds, and collective action together and march the rest of the way to true freedom and first class citizenship. This is our mission and this is my report to you! EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 9 of 35 10 NFB of Colorado Scholarship Program By: Buna Dahal From the Editor: Buna is an entrepreneur. She is the Secretary of the NFB of Colorado and chairs our Scholarship Program. Under Buna’s leadership, the program continues to grow. Congratulations to our 2011 NFB Scholarship Recipients: Amelia Dickerson from Boulder, Marcus Hernandez from Pueblo, Antonio Rozier from Littleton, Cody Bair from Greeley, and Samantha Barrasso from Aurora. These students were honored at the banquet of our State Convention in November. In addition to achieving scholarly distinction, these winners are performing leadership roles in the Colorado Association of Blind Students (CABS). Antonio has been elected President; Cody will serve as Treasurer; Amelia, Samantha and Marcus will serve as contributing Board Members. We are proud of our students! The 2012 NFB of Colorado Scholarship Program is in full swing. This program is one of our priorities that enriches the lives of blind students in Colorado. The application deadline is April 15, 2012. Scholarship information can be found on this site: http://www.nfbco.org Previous winners are encouraged to apply. Let’s spread the news throughout Colorado so new blind scholars can benefit from our excellent program! EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 10 of 35 11 Washington Seminar is Coming! Are you going? By: Kevan Worley, Scott LaBarre and Diane McGeorge From the Editor: Below find all you need to know about Washington Seminar: For many years we called it the ‘March on Washington’. Then the name was changed to the ‘Washington Seminar’. The name may have changed, but the mission has remained the same. Each year in early February, Federationist’s from throughout the nation go to our nation’s capital to bring the good news of the Federation philosophy to members of Congress and other government officials. Typically we ask Congress to consider three or four initiatives which are important to improve the lives of blind people and their families. How do we strengthen Social Security? How can we create opportunities for blind people to fully develop small businesses? How do we ensure that blind students have equal access to education? How do we ensure that library services, job training and senior support services are provided? We consider these questions and offer our solutions in Washington D.C. Colorado always brings one of the largest delegations. Each year the Federation works very hard to negotiate the very best hotel rate. As you might imagine, hotel rates are very high in D.C. No organization gets the kind of hotel rates that we do. Nevertheless, we know that transportation, meals and lodging are expensive. Therefore, our affiliate is often able to provide some financial assistance to members who would like to join us. If you have never gone, you owe it to yourself to enjoy the camaraderie, and help create the change. For information about financial assistance, contact Scott LaBarre 303-504-5979 or email him at slabarre@labarrelaw.com We will work hard, wear out our shoe leather, meet dignitaries, negotiate the metro transit system, watch the Super Bowl, hail cabs, attend student seminars, hear from NFB national leaders, enjoy some excellent D.C. restaurants, work to influence members of Congress, and volunteer to work Mercury… What is Mercury? Come and find out. So, you want to come to D.C.? Here are more details from Diane McGeorge, our national Washington Seminar Coordinator: This year’s Washington Seminar begins Monday, February 6, 2012 and ends Thursday, February 9th. Please make your hotel reservations as soon as possible. We must have all reservations no later than January 2, 2012. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 11 of 35 12 Here is the information you must include when making your hotel reservation: 1. Your date of arrival, as well as your date of departure. 2. The first and last names of roommates sharing the room with you. (Please correctly spell first and last names of each person in the room, and please include arrival and departure dates for each person). 3. Specify your preference: Smoking or non-smoking room and the number of beds you want---two double beds or one king bed? 4. Indicate any special accommodations needed (such as an accessible room). 5. If you request a rollaway bed, expect an additional $15 charge per night. (You need not request refrigerators since they are now standard in each guest room). 6. According to the hotel contract, individual cancellations must be made seventy-two hours before the date of arrival to avoid a one night's room plus tax cancellation fee. You must get in touch with Lisa Bonderson or me (Diane McGeorge) to make changes to your reservation as soon as possible to avoid such a fee. 7. The room rates are $174 for single, double, triple, or quad rooms. Tax is 14.5% a night. 8. The address of the Holiday Inn Capitol is 550 C Street, SW. 9. Please do not contact the hotel to make your reservations. I will submit all reservations for the Washington Seminar. Call (303) 778-1130, ext. 219, to make your reservation, or email reservations to Lisa Bonderson at lbonderson@cocenter.org. 10. We will confirm receipt of your reservation either by return email or by telephone, so be sure to give us your telephone number and your email address. This Just In… From the Editor: Just before we went to press we learned that NFBCO Day at the Capitol will be Tuesday, January 17th. Each year members of the National Federation of Blind of Colorado gather under the golden dome to brief our Legislators and government officials about public policy important to the blind and their families. In 2012 our Day at the Capitol will begin at 8:00 a.m. on Thursday, January 17th. We meet at the old Supreme Court chamber to discuss out Legislative agenda. We will plan our work, and work our plan walking the halls of power. We always have much to learn about the process and much to teach elected leaders and their staff about the National Federation of the Blind. Every year it is fun and productive. So, mark your calendars and join us for all of the action. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 12 of 35 13 What’s going on At the Colorado School for the Deaf and Blind? By: Diane Covington From the Editor: Diane Covington serves as the Community Liaison for the Colorado School for the Deaf and Blind. You will enjoy reading about all of the happenings as CSDB. Here is what she says: The Colorado School for the Deaf and the Blind’s Bad News Bulldog Band, under the direction of Julie Novak, Music Therapist, recently performed at the Colorado Springs Fine Arts Center. The band delivered an exciting concert as the Fine Arts Center celebrated exhibits within the Tactile Gallery. The Bad News Bulldog Band is made up of students and staff members from the School for the Blind. On October 15th (White Cane Day), CSDB celebrated the white cane as a symbol of blindness and a tool for independence and we celebrated the achievements of people in our society who are blind and visually impaired. This year, students from CSDB hosted firefighters from Colorado Springs Fire Station #1, training them about visual impairments, functional implications, and sighted-guide techniques. The firefighters put on goggles as well as night shades, simulating a variety of vision impairments as they maneuvered through rooms and hallways. The School for the Blind hosted their Annual Science Fair on November 30, 2011. Participants included elementary, middle school and high school students. Teachers are registering their students for the Colorado Braille Challenge, to be held on February 3, 2012. Students will compete in three or four activities, depending on their age group, and will be ranked against other regional competitors across the country. The top twelve students nationally in each age group are invited to a national competition at the Braille Institute in California. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 13 of 35 14 Profile of a Legislator: A Conversation with State Representative Pete Lee By: Kevan Worley From the Editor: On a Wednesday afternoon in mid-July, 2011, I phoned State Representative Pete Lee. I told him I would like to interview him for a Blind Coloradan article to be published prior to the 2012 Legislative Session. His response was, “Why not this week?” That is Pete, pretty no-nonsense, get-down-to-business. He showed up at my office the following morning. What follows is my profile of, and comments from Pete during our conversation: I first met State Representative Lee before he was a Legislator. He has been a community activist in Colorado Springs for many years. In 2010, Pete campaigned to represent House District 18; the seat being vacated by the legendary four-term, term- limited Michael Merrifield. District 18 is the most competitive in El Paso County. Both parties spend time and money targeting the position. It is comprised of voters in the southwest portion of Colorado Springs and the city of Manitou Springs. The district is approximately one-third Republican, one-third Democrat and one-third Unaffiliated. Pete said, “I did not want to pander. I have never held political office. I still don’t think of myself as a politician. But, I guess they all, ummm… say that, right?” he chuckled. “Seriously, I ran in a bi-partisan way. I really believe we can reach compromise. For the most part, even after being up there at the Capitol in 2011 I still do. I am realistic. I also think the government can help. I am not going to apologize for that. But, it is also true that ‘best intentions’ means that the government, you know - lawmakers -overreach.” Pete’s passion comes through loud and clear. Despite the short notice, he has prepared well for our interview. He comes off as a serious person who does not take himself too seriously. He is also very inquisitive. He immediately began to talk about our NFB Newsline Program and the Commission for the Blind, as well as funding for the Division of Vocational Rehabilitation at a level which would ensure federal matching dollars. Pete said, “The first time I really noticed the NFB was when a small group of your folks were at the Capitol during my first session. Then, this spring during the discussion of information access services for the deaf and blind, funded through the Telephone Users Fee, I saw a fact sheet about this from you guys, which was very helpful.” I then took the opportunity to demonstrate NFB Newsline for him from the phone on my desk. Pete Lee grew up in Westchester County, New York. He received his Undergraduate Degree from Ohio Wesleyan University. Pete explains, “It was my sophomore year in college. I worked as a summer camp counselor for the Connecticut Institute for the EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 14 of 35 15 Blind. I don’t know what it is called now. It was a transformative experience. I am not just saying that,” he said, “I learned very quickly that blind kids were just kids who could not see. I mean, that should be understood - but I guess that it isn’t.” For many years Pete maintained friendships with some of his blind students and fellow counselors. He explained that he worked with kids and adults, “They were not otherwise disabled. They were, you know, merely blind. They were bright, talented, active young people. One of my campers had two prosthetic eyes. He would walk around the camp on stilts. I still don’t know how he navigated curves. But, he used that echolocation, you know, sounds bouncing off of objects. He showed me how to do it. I would test him. I would give him directions to try to get him to run into a tree or a wall. He would just walk around the object. I think that it is not his hearing was automatically better; it is just that some blind people are able to develop those travel techniques. It is like they listen harder for changes in space, wind, or echoes. This kid might smash his shins into a picnic bench or something low to the ground that is not dense; this is not while walking on stilts. When using his cane, he would venture forth and figure it out.” I interrupted Pete here to say, “Sounds like our structured discovery to me. But, I am not sure that we have offered ‘stilt walking’ as a part of our Colorado Center for the Blind challenge recreation activities.” Pete said, “Some of the kids used canes, but many did not. The most effective, well- rounded, outgoing kids did. I don’t think that they pushed it as much in the schools back then, did they? They talked about Peripatology- Sounds like jargon- I would call it, ‘effective travel’. I mean, that should be the yardstick,” Pete said, “I taught boating, canoeing, swimming, fire building, and how to keep the cabins up to snuff. I did not have any training. I was a counselor. It was the human connection, problem solving – ‘Where is the sun?’ I would say, ‘If you lose a sock, get down and cover the area and find the sock.’ Blindness is not that complicated, right?...Unless you have significant additional disabilities of some kind,” he continued, “well, there is a bureaucracy, and sometimes the lack of funding necessary to secure some services I think might be essential for initial training and education. But, mostly it must be the attitude of others that is the biggest barrier, I would think,” he said, “the ideas or pre-judgments that people have about any group, any minority…blind people, that is the biggest obstacle, right?” Pete reminisced, “I remember a fella by the name of Frank Weir. He worked as a counselor in the adult program that summer. He was earning his Master’s Degree at Ohio State. He would keep all of these Braille volumes stacked under his bunk. I asked EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 15 of 35 16 him ‘What are you going to do with the degree?’ Frank said that he was going to teach. I said, ‘How?’ Frank said that he could do anything that anyone else could do. I mean this guy would be reading all night in the dark. He just had an attitude that let you know he could work well with people. He got straight A’s. It was clear that for him it was Braille and attitude.” I then asked Pete about the Colorado School for the Deaf and Blind. Pete commented, “CSDB is an important institution. It has been important to this community and to the children it serves for generations. They have a different population over there now. But, expectations must be high. However we can improve people’s lives, I am game to take a look at it. We have an institution over there that is dedicated to a mission of helping kids. And gosh, if there are ways that we can help them better what they are doing, why wouldn’t we? I would not put myself up as an expert on blind education,” he said, “I sure would not do that. We need to help the school. Like any public institution, we need to hold it accountable. I am sure that they are facing big funding shortfalls. So, we need to partner with them to support, you know, find work around’s and collaborations with parents, universities, and organizations like the NFB that can go a long way to bringing education and the right kind of experiences and integration for these kids. Kids need to be kids so they can grow up to be healthy, contributing adults.” Pete continued, “I had one experience forty years ago; it was a defining experience for me. I mean, I know talking to a blind person from a leading association of blind people it would be easy for me to say that. But, it is the truth! I was a young man and that summer was a great time to be a young counselor and to learn how others feel and, you know, confront challenge. I don’t mean this in any condescending way. It is what it is. I think I gained some idea, some perspective about how blind people can get along in the world if they choose.” Pete then launched into a list of legislators from the House and the Senate Education Committee’s without looking. He indicated that he does not sit on those Committee’s but he would be happy to help the Federation and the school. Pete said, “You guys must educate the Legislative people. The NFB must educate us so we can support the educators as best we can. Look, we are in a funding crisis. It is truly a crisis. We have to get out of thinking in a business-as- usual way,” Pete said, “it can feel that many institutions we have counted on over the years may seem a bit run down, or ragged. We should probably do away with some or consolidate, or re-orient. But, our first thought should not be to tear down. It should be to build and improve on what has worked. It is not all about laws. Organizations like the NFB can help CSDB, and other public and private schools find the experts, the money, and teachers with skills and the experience the blind need.” EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 16 of 35 17 “My wife, Lynn, and I have lived in Colorado Springs for over 34 years. This is where we raised our three children, Amanda, Rob and Brian.” Pete stated. Lynn has taught special education for thirteen years. She worked principally with children with Down- syndrome. She now works in the area of restorative justice. That is a passion for both of the Lee’s. She brings victims and offenders together facilitating conferences with community members. Pete said, “The goal is to work out agreements for restoration and repair of harm.” She chairs the Pikes Peak Restorative Justice Council. Representative Lee introduced House Bill 1032 in the 2011 Legislative Session. The law passed with bi-partisan support. The Bill provides for restorative justice and victim offender conferences in both adult and juvenile correction systems. It ensures that victims are made aware of these services. Representative Lee has had an illustrious career as a defense lawyer as well as working in business law. He is now retired. As he puts it, “I am a full-time citizen legislator. Sitting on the beach is not for me. There is too much to be done for people, the community and our state.” Listening to him, you can tell he means it. Throughout our time together he spoke with real conviction against any kind of discrimination. Colorado Springs had just seen some attacks on two gay soldiers. City government was deciding whether or not to pass a strong resolution decrying hate crimes. Pete said, “Look, there is no place for discrimination in this modern society, blatant or otherwise. No place for hate crimes against anyone! Bias motivated crimes are just wrong, and we don’t want that reputation. I mean, it is repellant; it is also about economic development and civic development. It seems to me that taking a stand is a moral imperative as well as a watershed moment for the community.” After earning his Undergraduate Degree at Ohio Wesleyan University, Pete attended the Wharton School of Business. At the same time, he worked in the Personnel Department at Superior Brand Meat Company. At age twenty four, he had been promoted to Head of Personnel for that $100,000,000.00 company. Pete observed, “As a young man, negotiating with the amalgamated Butcher’s Union and the Teamsters kind of toughened this future defense lawyer and legislator. The art of compromise should be the way laws are passed. As the old saying goes, ‘You really don’t want to know how the sausage is made.’ This is true in meat packing and law making. I have experience with both.” Always an innovator, Pete went to his employer and asked for tuition assistance so that he could attend night school. They told him that they did not have such a program. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 17 of 35 18 So, he created it. Other employees were able to receive training through the company’s college tuition program. Pete admits that he did not test well. Standardized tests were not his strong suit. In fact, he admits that he blew his Law School admission test which is why he could not attend the law school of his choice. He went to Law School at the University of Akron, an open enrollment school. Pete says, “It was not Yale or the University of Chicago or Minnesota, but, I was ambitious and frankly, no one has really asked me lately where I got my law degree. Still, standardized tests are important. We may not like them much. But, judgments are made about candidates for education and employment. Conditions must be optimal and fair. The notion that blind students may not be allowed to use their technologies is unacceptable. Blind students should be allowed to take tests under the same conditions that they have become accustomed, whether that is screen reader, live reader with proctor, enlargement technology- Whatever! I mean, I don’t know all of the possibilities, but, there has to be a way to be inclusive and create success outcomes.” Pete concluded our time together by talking about the Colorado Commission for Individuals who are Blind or Visually Impaired. I asked if he had heard of the Colorado Commission for the Blind. He said, “Yes, I did a little look-see before coming here. The Commission should study and actually recommend. It looks to me like the reports submitted have been very similar since its inception. I learned from talking to you and some of your colleagues that the Commission has been fractious. It has been around long enough to have some legs. It should not be for politics or squabble. If it does not work after four years, it should be apparent that something should change. Perhaps it should sunset. There are times when you need to get rid of the old and build something new in its place. This might be one of those cases. We may very well need to pass legislation to build something more effective. I mean, if there is clear evidence that this Commission is not solving problems or providing the kind of service that the Legislature and the blind of the state established it to do, it should sunset. That is certainly something that I will take a look at. I will consider all of the evidence. I do know there is some disagreement here. But, I also know that the NFB is a powerful force so we in the Legislature will no doubt know what you think on this matter. Heck, I am sure that we will know what you think on a number of matters. And, I am serious, I will seek, and I will need your counsel.” I found Pete to be a man of humor and depth. On issues important to the blind, he was thoughtful and showed some objectivity. I also found him to be a friend. As the 2012 EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 18 of 35 19 Legislative Session begins in early January, we can look forward to working with a friend who has an open mind and understands us. We could not ask for any more than that. Press Release: Metro State teams with CCB for Advocacy Campaign From the Editor: We have recently received the following Press Release: Metropolitan State College of Denver Communication Design Program Teams Up with Colorado Center for the Blind Participants in Advocacy Campaign Littleton, CO (November 28, 2011): Communication Design students from Metropolitan State College of Denver have partnered with Colorado Center for the Blind participants to create an advocacy and awareness campaign addressing issues of accessibility on behalf of people who are blind. The multimodal campaign titled Blind Spot: Advocate for Access, uses tactile mediums such as low tack adhesive markers called “spots” to point out areas in Littleton and beyond that are not universally accessible. Championed by people who are blind, the spots direct attention to environmental, communication and technology obstacles that are not fully accessible and serve as a call to action to visit an integrated website—a source of education, communication, advocacy and empowerment. In combination the campaign pieces are designed to empower the blind community to vocalize needed change. The project goal brings forth interaction between blind and sighted communities for the purpose of advocating equal rights within shared designed environments. Project participants want the rights of all people to be understood as equal: Accessibility is a human right with global implications. The Communication Design team from Metro State and participants from Colorado Center for the Blind, hope to create a dialogue around accessibility and universal design by initiating the Blind Spot campaign. Metro State students are applying for an Implementation Award through the organization Design Ignites Change, which supports designers and architects who are making a difference. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 19 of 35 20 Raising Money Can Be Sweet By: Gary Van Dorn From the Editor: Gary Van Dorn is the President of our Mile High Chapter. Gary is energetic, thoughtful and creative. This is what he has to say: The Mile High Chapter held a ‘Chocolate Tasting Party’ on the 16th of October 2011. The event was held in the party room at Brook's Towers in downtown Denver. Thirty- five individuals attended to sample delicious Dove Chocolates. Guests enjoyed chocolate chili, chocolate martinis and oh, so much more! This fundraising event raised more money for the Mile High Chapter than we anticipated. I encourage other Colorado NFB Chapters to organize their own chocolate tasting parties. Contact bmosby@cocenter.orgfor more information and to get started. Brenda is delighted to help plan a menu suitable to your needs and circumstances. Colorado Association of Blind Students Report By: Maryann Migliorelli From the Editor: Maryann Migliorelli is a longtime leader in both the New York and Colorado affiliates. After a successful career in business, she decided to return to school. She is a leader in our Boulder Chapter and First Vice President of the Colorado Association of Blind Students. Colorado Association of Blind Students is planning a Leadership Growth Experience on January 14, 2012 at the Colorado Center for the Blind. Participants will learn about the history of the National Federation of the Blind of Colorado and how the Student Division’s fits into that history. We will also be developing plans and goals for the years to come with an emphasis on student recruitment, education and effective collaboration with other divisions in the state of Colorado. This will be an exciting opportunity to grow our student leaders. Contact Maryann Migliorelli at maryannmigs@gmail.com for more information. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 20 of 35 21 Announced Retirement: A loss for the Blind of Colorado By: Sue Schierkolk MS, CRC From the Editor: We were surprised and saddened to receive the announcement below. On the other hand, we also are happy for our longtime partner as she begins the next phase of her life’s journey. Sue Schierkolk is the Manager of Programs and Program Development for the Colorado Division of Vocational Rehabilitation. She has been instrumental in developing innovative programs which serve clients of the Colorado DVR. She has always valued consumer collaboration to foster best outcomes. Here is her announcement: Dear Friends, After 28 years as a DVR employee, I will be retiring at the end of November. I couldn't exit without telling all of you good bye and thank-you. Over the years, I have experienced four directors, five mission statements, three policy manuals, five forms revisions, one effort to eliminate ALL forms, six or seven CDHS reorganizations and nine different DVR offices. I've had the good fortune to participate with many of you in a myriad of exciting endeavors: Transition grants; the startup of our BOS initiative; SWAP; BEP; multi- agency projects with federal, local and state partners; RSA studies and visits; and even a project/caseload at Rocky Flats. I recall our entrance into the information age: first fax machines, then computers. Back then, we didn't know what to do with computers, and now we wouldn't know what to do without them. Change is good! What I will look back upon and remember the most are all of you. I have been blessed with great coworkers, partners, peers, supervisors and mentors. I have learned so much from each and every one of you, and you will forever remain a part of me. I thank you for your passion as we've worked together to make employment happen for people with disabilities; for your willingness as we've tried new things, for your support during the difficult times, and for your friendship through it all. As I continue into this next phase of my life, I will look back fondly and with much appreciation for all of you. I will also look forward to hearing from you once in a while about how you are, and about the exciting future that DVR is moving toward! I wish each and every one of you much success, health and happiness in your lives! EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 21 of 35 22 Traveling With Road Scholars By: Alice George From The Editor: Almost all of us know Alice George. She has served in many capacities and held many positions for many years in our organization. She is always providing food for thought and doing new and interesting things! We think you will find her latest adventure of interest: Being a senior means having the opportunity to participate in the Road Scholar Program – formerly known as Elderhostel. Traveling the world with others with similar interests promotes lifelong learning, personal growth, and new friendships. Each year, thousands of seniors stretch their minds and bodies by engaging in stimulating, educational, and sometimes challenging adventures throughout North America, abroad, and afloat. Shouldn’t blind seniors do the same? Yes, of course, they should, and I did. After months of researching travel agencies and programs, I decided to explore Seattle, Washington for a week with Road Scholars Program. Prior to my arriving in Seattle, the tour guide voiced her apprehension about a blind person joining the group. She felt as though she would have to ‘hand-hold’ me around the city. I learned that the Road Scholar Program had never knowingly had a blind or low vision participant, nor had they ever considered offering accessible programs for blind seniors. It was obvious I had to educate the tour guide about the abilities of blind people. Each morning of the trip began with an early buffet breakfast in our downtown Seattle Red Lion Hotel. Activities from early morning to late evening focused on learning about Seattle’s history, heritage, art, and culture. We toured many museums, Pioneer Square, Pike Market, Freemont, West Seattle, the Space Needle, the Boeing Plant, and much more. By week’s end, we had fully explored Seattle by foot, bus, rail, and water taxi. As the week ended, several participants thanked me for joining the group. It was obvious I had changed some people’s view of blindness and had also gained some friendships along the way. The tour guide was now friendly towards me and even treated me like an equal in the group. The Road Scholar experience was very exciting, stimulating, and enriching. I was totally dependent on my skills of blindness; they were tested throughout the week. As a result, I improved my travel skills, mastered unfamiliar environments, and gained more confidence. Despite Road Scholars’ reluctance to develop accessible programs for blind seniors, I believe we must insist that they do so. When seniors are the fastest growing population losing their eyesight, there should be worldwide opportunities for blind seniors to EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 22 of 35 23 participate in accessible travel and learning programs. If you are interested in accessible travel programs for blind seniors, please call Road Scholars at 1-800 454- 5768 and request them, especially in the U.S. Current Road Scholar Programs can be found at www.roadscholar.org. Come on … let’s travel and have fun, too! Blind American Hero Speaks at USASB Hall of Fame Breakfast By: Linda Navarro From the Editor: Linda Navarro is the Society/Non-Profit/Charity Editor for the Colorado Springs Gazette. On Sunday, December 18th the Colorado Springs Gazette published the story we are carrying below. Many of you may remember meeting Captain Ivan Castro. Captain Castro was at our 2009 NFB Convention in Detroit. He participated in the Convention’s opening ceremony honoring all veterans and active duty military. He also marched with us on the Detroit riverfront. Here is the story from the Gazette: Association of Blind Athletes pity for those who are blind or visually impaired? No way. Those physically fit folks at the US Association of Blind Athletes' sixth annual Common Sight, Common Vision Breakfast on Dec. 2 can run faster and farther than most people. They can wrestle you to the mat before you blink. As Executive Director Mark Lucas says, 'For our athletes, a loss of sight is never a loss of vision. The community got an intro into these amazing athletes as they heard featured speaker Army Capt. Ivan Castro. Zapped by shrapnel from a mortar in Operational Iraqi Freedom, he lost his right eye and had permanent loss of vision in his left as well as other injuries. Instead of stopping life as he knew it, the blind Special Forces officer hit the road, completing 21 marathons and 10 half-marathons. Castro is one of a huge number of Wounded Warriors who are learning to live with disabilities. Are they handicapped? Don't even think the word. Inducted into the USABA Hall of Fame was John Morgan, who holds 14 world records in swimming and is in the USOC Hall of Fame as well. Also inducted was David Beaver, who received the Founders Award. This year USABA reached more than 750 blind or visually impaired teens through a National Fitness Challenge providing tools for a healthier lifestyle. Operation Mission Vision works with veterans and members of the military during rehab and reintegration into their home communities. The annual breakfast was an opportunity to help USABA raise $1 million for its programs and it's just $23,000 away, Lucas said. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 23 of 35 24 NFBCO on the Web By: Julie Hunter, Lorinda Riddle, Chip Johnson and Nehemiah Hall. From the Editor: Julie Hunter, Lorinda Riddle, Chip Johnson and Nehemiah Hall are the Federation leaders we count on to spread our philosophy and post the information using the web. Here is what they have to say: We hope everyone reading this newsletter is logging in to NFBCO.org! Do you want to know the schedule for chapter meetings in your area? When is Washington Seminar? What’s happening at the Colorado Center for the Blind? Our website is not only an instrument for communication among members, but an opportunity to show the world what we are and what we do. The Committee does its best to keep current with events and activities, but we need your input as well. Send notices of meetings and events to jhunter@cocenter.org and we’ll get them posted for you. Together we will let the world know that the NFB of Colorado is dynamic, active and totally awesome! Convention Bulletin From the Editor: The NFB is very fortunate to have an excellent magazine, The Braille Monitor. I hope you subscribe and read it. I think that you will gain much perspective, be inspired and informed. The Monitor is edited with concision, expertise and class by longtime Federation leader Gary Wunder. The Monitor is now available on NFB Newsline; that is just one more reason to sign up for Newsline! Typically an NFB state affiliate newsletter does not re-print articles which have run in our national magazine. However, there may be times when your aggregator is struck by the timeliness or insight of an article and decides to call it to your attention. (We know that busy people may occasionally overlook an article.) In this issue, we are carrying information from the Monitor about the 2012 Annual NFB Convention. As we make plans for a happy and productive New Year, it is definitely not too early to mark your calendar and include the convention in your planning. NFB members, families, chapters and divisions should start raising money and reserving rooms for the most exciting week of the year for blind Americans. We want you to be a part of the action. Here is what the Monitor says: It is time to begin planning for the 2012 convention of the National Federation of the Blind. This year we are returning to Dallas and the beautiful Hilton Anatole Hotel, site of the 2010 convention. Once again our hotel rates are the envy of all. For the 2012 convention they are singles and doubles, $63; for triples and quads, $68. In addition to the room rates there will be a tax, which at present is 15 percent. No charge will be made for children under sixteen in the room with parents as long as no extra bed is requested. Please note that the hotel is a no-smoking facility. For 2012 convention room reservations you should write directly to the Hilton Anatole Hotel, 2201 Stemmons Freeway, Dallas, Texas 75207, or call (214) 761-7500. The hotel will want a deposit of $60 or a credit card number. If you use a credit card, the deposit will be charged against your card immediately, just as would be the case with a $60 check. If EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 24 of 35 25 a reservation is cancelled before June 1, 2012, $30 of the $60 deposit will be returned. Otherwise refunds will not be made. Guest-room amenities include cable television; coffeepot; iron and ironing board; hair dryer; and, for a fee, high-speed Internet access. Guests can also enjoy one outdoor and two indoor pools as well as a fully equipped health club and tennis courts. The Hilton Anatole has several restaurants and bars, and even a disco. See later issues of the Monitor for specific details and information about other attractions in the Greater Dallas/Ft. Worth area. The 2012 convention of the National Federation of the Blind will be a truly exciting and memorable event, with an unparalleled program and rededication to the goals and work of our movement. Make plans now to be a part of it. Preconvention seminars for parents of blind children and other groups and set-up of the exhibit hall will take place on Saturday, June 30, and adjournment will be Thursday, July 5, following the banquet. Convention registration and registration packet pick-up for those who registered online will begin on Sunday, July 1, and both Sunday and Monday will be filled with meetings of divisions and committees, including the Monday morning annual meeting, open to all, of the board of directors of the National Federation of the Blind. General convention sessions will begin on Tuesday, July 3, and continue through the banquet on Thursday, July 5. Note that Wednesday, July 4, will include both morning and afternoon convention sessions. Friday, July 6, will be available for tours for those who enjoy getting to know something about our convention city. To assure yourself a room in the headquarters hotel at convention rates, you must make reservations early. The hotel will be ready to take your call or deal with your written request by January 1. Remember that as usual we need door prizes from state affiliates, local chapters, and individuals. Once again prizes should be small in size but large in value. Cash, of course, is always appropriate and welcome. As a general rule we ask that prizes of all kinds have a value of at least $25 and not include alcohol. Drawings will occur steadily throughout the convention sessions, and you can anticipate a grand prize of truly impressive proportions to be drawn at the banquet. You may bring door prizes with you or send them ahead of time (identifying the item and donor and listing the value in print and Braille) to Deneice Hopper, 3726 Dutton Drive, Dallas, Texas 75211; phone (512) 323-5444. The best collection of exhibits featuring new technology; meetings of our special interest groups, committees, and divisions; memorable tours suggested by the Texas affiliate; the most stimulating and provocative program items of any meeting of the blind in the world; the chance to renew friendships in our Federation family; and the unparalleled opportunity to be where the real action is and where decisions are being made--all of these mean you will not want to miss being a part of the 2012 national convention. We'll see you in Dallas in 2012. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 25 of 35 26 Resolutions Passed at the 2011 National Convention of the Blind of Colorado From the Editor: Each year at our State Convention the Federation deliberates over and typically passes a number of Resolutions. These Resolutions become the policy statements of our organization. In effect, these are the official planks of our platform. Below are statements of our resolve to take actions necessary to change what it means to be blind in Colorado and beyond. RESOLUTION 2011-01 Regarding Colorado Commission for Individuals Who Are Blind and Visually Impaired and Sunset Thereof WHEREAS, the National Federation of the Blind of Colorado worked diligently and vigorously to bring into existence the Colorado Commission for Individuals Who Are Blind and Visually Impaired (CCIBVI); and WHEREAS, Governor Bill Ritter Jr. signed CCIBVI into law in May of 2007 and the first meeting of the CCIBVI did not occur until May of 2008 even though the authorizing legislation mandated a first meeting by fall of 2007; and WHEREAS, the CCIBVI has the statutory charge of reviewing all manner of programs affecting the blind of Colorado such as vocational rehabilitation, the Randolph- Sheppard Program, and essentially all other programs affecting the blind and visually impaired; and WHEREAS, CCIBVI possesses the duty of making recommendations and suggesting legislation to Governor and the Colorado General Assembly; and WHEREAS, to this date, CCIBVI has not met its statutory charge due to a lack of staff, lack of appointments from the Governor’s office to fill positions on the Commission, a lack of priority placed on the Commission’s programs, and political squabbles on the Commission; and WHEREAS, by law, the CCIBVI is scheduled to sunset in 2012 unless the Colorado General Assembly specifically authorizes the Commission to continue; and WHEREAS, a sunset review process has already occurred and the Federation was not contacted for input; and WHEREAS, the Members of the National Federation of the Blind of Colorado passed Resolution 2010-02 calling for a critical examination of whether the CCIBVI should be EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 26 of 35 27 sunset and urging the Commission to become much more active in meeting its statutory obligations; and WHEREAS, in the last year, the CCIBVI has done little to justify the nearly half million dollars already spent on it as evidenced by wasting time developing a strategic plan (something already done at least two other times in the Commission’s short history), allowing its director to be assigned to other state entities for a long period while ignoring Commission business, and by offering no tangible recommendations or legislation to the Governor or General Assembly; WHEREAS, the annual fiscal allocation to CCIBVI of approximately $100,000.00 can be put to much better use such as providing Braille literacy and access to technology for blind youth: Now, therefore, BE IT RESOLVED by The National Federation of the Blind of Colorado in convention assembled this Sixth day of November, 2011, in the city of Denver, Colorado that we express our outrage that the National Federation of the Blind of Colorado, the oldest and largest organization of the blind in the state, was not contacted to give its input during the sunset review; and BE IT FURTHER RESOLVED that we urge the Colorado General Assembly to oppose any continuance of the Colorado Commission for Individuals Who Are Blind and Visually Impaired, allow it to sunset, and allocate the fiscal appropriations of the Commission to new programs targeting literacy and access to technology for blind youth. Resolution 2011-02 Regarding Access to Taxi Cabs and Related Transportation Services WHEREAS, Title III of the Americans with Disabilities Act and Colorado state law make it very clear that providers of transportation such as taxi cab and shuttle companies and other transportation providers cannot discriminate on the basis of disability which includes an expressed prohibition on denying access to those who use service animals such as guide dogs for the blind; and WHEREAS, despite this clear legal mandate which has been on the books for decades, there are an increasing number of reported cases where taxi cab and shuttle drivers are refusing to provide service to blind individuals, especially when such individuals are using a guide dog; and EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 27 of 35 28 WHEREAS, outreach to taxi cab and shuttle companies and other transportation providers appears not to be remedying these blatant violations of the law: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in Convention assembled this Sixth Day of November, 2011, in the City of Denver, Colorado that we express our outrage that taxi cab and shuttle companies and other transportation providers still refuse service to blind individuals, especially those using guide dogs, despite the fact that such conduct has been illegal for decades; and BE IT FURTHER RESOLVED that we call upon all taxi cab and shuttle companies and other transportation providers to take immediate action to ensure that their drivers fully comply with the letter and spirit of the law and provide service to blind and visually impaired customers whether or not such customers use a guide dog; and BE IT FURTHER RESOLVED that we urge any taxi cab and shuttle company or other provider of transportation to terminate the employment of any driver who refuses transportation on the basis of blindness, disability, or use of a service animal; and BE IT FURTHER RESOLVED that this organization increase efforts to educate taxi cab and shuttle companies and other transportation providers of their legal obligations to provide access to blind and visually impaired individuals regardless of disability or use of a service animal; and BE IT FURTHER RESOLVED that if we discover that increased educational efforts are not fruitful and the discrimination does not end, we take all necessary and appropriate action including legislative advocacy and potential class action litigation to eradicate this blatant form of discrimination against the blind. Resolution 2011-03 Regarding Urging the Colorado Congressional Delegation to Support The Fair Wages for Workers with Disabilities Act WHEREAS, in a bygone era, Congress adopted Section 14(c) of the Fair Labor Standards Act (FLSA) which permits employers to hold certificates allowing payment of subminimum wages to workers with disabilities; and WHEREAS, it is estimated that over 300,000 people with disabilities toil at below the minimum wage in our nation; and WHEREAS, the minimum wage itself is not a livable wage; and EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 28 of 35 29 WHEREAS, it shocks the conscience that society tolerates the payment of subminimum wages solely on the basis of one’s disability, a concept and practice assaulting basic human rights; and WHEREAS the National Federation of the Blind has a long history of opposing this abuse of human rights and has advocated for removal of Section 14(c) of the Fair Labor Standards Act; and WHEREAS, our most recent advocacy effort in this arena culminated in the introduction of H.R. 3086, the Fair Wages for Workers with Disabilities Act, introduced on October 4, 2011, by Congressman Cliff Stearns of Florida and Congressman Tim Bishop of Rhode Island, which will eliminate Section 14(c) of the FLSA: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Colorado in Convention assembled this Sixth Day of November, 2011, in the City of Denver, Colorado that we salute Congressmen Stearns and Bishop for introducing H.R. 3086 to eliminate a hideous form of discrimination against workers with disabilities being perpetuated by the payment of subminimum wages; and BE IT FURTHER RESOLVED that we urge Colorado’s members of the United States House of Representatives to cosponsor H.R. 3086 immediately and work actively to secure its passage; and BE IT FURTHER RESOLVED that we call upon Senators Udall and Bennett of Colorado to support similar legislation in the Senate and to consider being original sponsors and champions of this important legislation protecting the human rights of workers with disabilities. Resolution 2011-04 Regarding the Regional Transportation District and Drastic Cuts in Service WHEREAS, good public transportation represents a key component of allowing the blind to exercise meaningful independence, not to mention it is critical for a thriving community in general; and WHEREAS, the Regional Transportation District (RTD) of Denver has long been recognized as a model provider of public transportation winning several national awards over the years; and EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 29 of 35 30 WHEREAS, the blind from all over the world have moved to Denver largely due to the ability to access good, reliable public transportation and the Colorado Center for the Blind has located its training and residential facilities based on RTD service areas; and WHEREAS, RTD announced cuts totaling twelve million dollars, the single largest service cuts ever in RTD history, in late September and did so with little publicity and in a manner that it was difficult to access; and WHEREAS, the Federation expressed its outrage and deep concern over the cuts at several public hearings; and WHEREAS, RTD faces no dire financial circumstances and has millions of dollars in reserve and therefore cannot demonstrate the need to take such drastic and swift action; and WHEREAS, on October 25, 2011, the RTD Board of Directors voted to adopt the proposed service cuts despite the fact that scores of organizations and individuals expressed opposition; and WHEREAS these cuts will dramatically impact thousands of commuters including students of the Colorado Center for the Blind who will now find it very difficult to travel independently from their residential apartments to the Center and anywhere else in the community; and WHEREAS, these cuts will make the RTD system far less attractive to the commuting public which will lead to a decline in ridership which in turn will only justify additional service cuts in the future: now, therefore BE IT RESOLVED by the National Federation of the Blind of Colorado in Convention assembled this Sixth Day of November, 2011, in the City of Denver, Colorado that we first express our outrage at RTD’s terrible job of publicizing the largest proposed service cuts in its history making it extremely difficult for consumers to express their views effectively; and BE IT FURTHER RESOLVED that we condemn and deplore RTD’s decision to authorize the service cuts when financial and other factors did not warrant such drastic and immediate action; and BE IT FURTHER RESOLVED that this organization demand that RTD reconsider its decision and restore the service cuts and commission a fuller and more careful examination of current and projected transit needs of the growing metro area; and EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 30 of 35 31 BE IT FURTHER RESOLVED that this organization take all necessary and appropriate means to effect reversal of RTD’s unwarranted decision including all legislative and legal action. RESOLUTION 2011-05 Regarding Increased Public Relations Campaign WHEREAS, since the beginnings of the Federation, education of the public about the capability and innate normality of blind people has been a high priority of the organization; and WHEREAS, the NFB of Colorado has also placed a high priority on educating members of the public about blindness; and WHEREAS, blind people looking for jobs continue to endure ignorance and discrimination because the public continues to misunderstand blindness; and WHEREAS, blind people in our communities experience daily misguided attempts to give us assistance that we do not need or want; as well as frustration when we do not accept such assistance; and WHEREAS, the public in Boulder, Denver, and elsewhere continue to accept “dinners in the dark” as reasonable and proper: Now, therefore BE IT RESOLVED by the National Federation of the blind of Colorado in convention assembled this sixth day of November, 2011, in the city of Denver, Colorado that we intend, in so far as our resources permit, to increase dramatically our efforts to educate the public including adding staff, publishing pamphlets and other literature, producing and distributing radio and television spots, and seeking and carrying out much more publicity and public speaking. EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 31 of 35 32 A Sad Note from our Federation Family From the Editor: Just as we were about to send this letter of news to you, we received the sad news that our great friend and dear colleague Rick Holcomb passed away Tuesday, December 19th at a nursing facility in Pueblo. Rick has been serving as our Pueblo Chapter President and a member of our state Board of Directors in recent years. Rick had been battling very serious health problems in recent months. It is always sad to report the loss of a member of our Federation family. This organization and the world was made better because of Rick’ humility, good humor, grace and grit. I never heard an unkind, petulant, or critical word from him. He was known as a generous and deeply caring man. Always open to new ideas, and a willingness to work hard to help others. His leadership and kindness will be greatly missed. We will carry a longer tribute to Rick in our spring issue. For his was a life worthy of tribute and celebration. We know that you will keep our Pueblo Chapter and Rick’s friends and family in your thoughts and prayers as they face the Holidays without him. Blind Buzz Blind Buzz is a column which will have announcements, notes, vignettes, profiles, assertions, snap-shots, rumors, innuendo and observations. Blind Buzz is solely responsible for the content. What’s happening? Blind Buzz wants to know. The National Federation of the Blind of Colorado held it’s elections in November and the new Board is as follows: President: Scott LaBarre First Vice President: Julie Deden Second Vice President: Brent Batron Secretary: Buna Dahal Treasurer: Michelle Chacon Board Members: Kevan Worley, Gary Van Dorn (for a one year term), Jeanette Fortin, Eric Woods, Diane McGeorge, Jon Deden, Rick Holcomb Newly Elected CABS (Colorado Association of Blind Students) Officers and Board Members are as follows: EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 32 of 35 33 President: Antonio Rozier First Vice President: Maryann Migliorelli Second Vice President: Esha Mehta Secretary: Arielle Silverman Treasurer: Cody Bair Board Members: Amelia Dickerson, Marcus Hernandez, Melissa Green Best Additions to our Federation Family: There are not very many good reasons for our Second Vice President to miss a State Convention; certainly the birth of twins qualifies as a wonderful reason! Brent and Ena Batron had twins. Noah Cedric and Roman Caleb were born on October 25, 2011. Noah was born at 9:32 p.m. and Roman at 9:35 p.m. Noah was born at 3 pounds 13 ounces and Roman weighed 4 pounds and 3 ounces. Both were 17 and one half inches long. The first thing that Roman did was pee on the team that examined him! All of the Batrons are doing very well! The Denver Chapter held its elections in November and the new Board is as follows: President: Brent Batron First Vice President: Tom Anderson Second Vice President: Chris Foster Secretary: Beth Allred Treasurer : Maureen Neitfeld Board Members: Jim Pilkington, Joe Triplett, John Batron, Antonio Rozier On Saturday, November 27, 2011, the Boulder Valley Chapter of the NFB of Colorado elected the following board: President: Maryann Migliorelli First Vice President: Jim Wolcott Treasurer: Curtis Willoughby Secretary: Doris Willoughby Board Member: Arielle Silverman Please support the Colorado Association of Blind Students (CABS) by purchasing their high quality t-shirts. The t-shirts are white with “CABS” presented on the left sleeve. The front features our NFB Whozit logo and National Federation of the Blind of Colorado in color and the slogan “broadening horizons and lighting the fire to the future.” The prices are as follows: $11.00 for small, medium, large, and extra large $14.00 for 1/xl, 2/xl, and 3/xl $16.00 for 4/xl to 8/xl EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 33 of 35 34 $6.00 for children’s sizes; available by special order CABS will ship for $5.00. These t-shirts will make the perfect accessory to your jeans or casual slacks at Friday evening’s interactive activities. Thank you for supporting the Colorado Association of Blind Students (CABS). If interested please contact Melissa Green at colorado.students@gmail.com In the email please state your t-shirt size, and quantity of your order. Here is a note from the Colorado Talking Book Library: Need a suggestion for a good book to read? There is a national online mailing list created for BARD users to share reviews of books they’ve recently read. The reviews are only for books that are available on the BARD website. Every fall the group agrees on a classic book to read together. If you are interested in participating in this group send an email with the subject or body message ‘HELP’ to db-review-request@emissives.com Carol Elzi married Ron Sprague in September, 2011. They enjoyed a wonderful honeymoon in California and are very happy. Carol Elzi is the Director of Administrative Services for the Colorado Center for the Blind. The Buzz thanks CSDB Board of Region member David Dawson for responding to comments in our recent Buzz column concerning the schools approach to sending kids to the NFB State Convention. He arranged a meeting between NFB leadership and CSBD Superintendent, Carol Hilty. They talked about furthering an NFB/CSDB partnership. It was an uplifting meeting. It bodes well for the blind children we are both committed to serve. Great Scott! Scott Marcotte is a successful blind vendor. The Buzz congratulates him on his new vending and food service operation at the Denver Federal Center. That is a large venture. Long time Federation member Don Hudson managed that business for great profit for many years. Scott will do well! Is the Colorado Center for the Blind considering expanding through the purchase of their own apartment complex? This would certainly allow CCB to meet the challenge of RTD cutbacks and it would bring greater flexibility to the students and staff. We can think of many benefits. Sounds like a great idea. We hear that the Bad News Bulldog Band, the house band at CSDB, made up of students and staff has caught Adelle fever. Adelle is the hottest artist of the year. The band closed the Colorado School for the Blind’s Winter Extravaganza on Thursday December 8th with two rockin’ Adelle songs. They also did credible covers of songs from Lynyrd Skynyrd and Guns n’ Roses. Who would have thought? In the Buzz’s day, we sang, “Hey, Look me Over” and “Bicycle Built For Two.” CSDB rocks! That is just EXHIBIT 3 Case 1:15-cv-02692-MEH Document 78-3 Filed 01/25/17 USDC Colorado Page 34 of 35 35 how they roll in Colorado Springs. The local chapter is having their Holiday Party at Maggie Mae’s, no word if the Bulldog Band will show up to cover Rod Stewart. CCB Stars are Star Crossed: Maureen Hoban and David Nietfeld were married at the end of August, 2011. They had their wedding at the Center to share their happiness with their CCB family. On November 3rd approximately forty NFB members’ round-tabled priorities for 2012. There was real sense of optimism and great energy. There was a consensus that education, transportation, jobs, services for blind seniors and fundraising receive the greatest focus in the coming year. It was an important, frank, and wide ranging discussion. It was a great way to start the 2011 State Convention. We thank President LaBarre for facilitating, and the Board for hosting. 2012 – Here we come. I recently saw a sign which said, “This door must remain closed at all times.” It occurred to me, ‘That is not a door, that is a wall.’ “We are so often mocked by the failure of our hopes and the upsetting of our calculations. But, however the fates may play; we march always in the ranks of honor when we have done our best.” –Winston Churchill That’s the Buzz this month. From the Editor Errors, assumptions, or omissions should be brought to the attention of the editor who will likely blame Blind Buzz for any mistakes. Thanks for reading The Blind Coloradan, winter, 2011. 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