National Association of the Deaf Announces Landmark Settlement with Harvard to Improve Online Accessibility

Settlement Includes Requirements Beyond Harvard’s New Accessibility Policies, Including Captions for Live Events, Third-Party Platforms and Department-Sponsored Student Groups Harvard Agrees to Enter Consent Decree, Ensuring Court Enforcement of Settlement BOSTON—The National Association of the Deaf (NAD) announced today a landmark settlement with Harvard University that institutes a series of new guidelines to make the university’s website and online resources accessible for those who are deaf or hard of hearing. The settlement represents the most comprehensive set of online accessibility requirements in higher education and ensures for the first time that Harvard will provide high-quality captioning services for online content. The settlement expands upon Harvard’s new digital accessibility policy, which was announced in May. Harvard must provide captions for all online resources, including school-wide events that are live-streamed, content from department sponsored student organizations and any new university-created audio or video hosted by third-party platforms such as YouTube, Vimeo and SoundCloud. The terms of the settlement are included within a consent decree, which can be enforced by the court. The court must approve the consent decree before it may become effective. This settlement was reached four years after this litigation began in 2015, when it was filed in the U.S. District Court for the Western District of Massachusetts as a class action lawsuit. The lawsuit was prompted by the recognition that, notwithstanding the description of Harvard’s online resources as available to “learners throughout the world,” many of its videos and audio recordings lacked captions or used inaccurate captions. Harvard had no published policies in place to ensure these learning tools were accessible to people who are deaf and hard...

What we’re thankful for this holiday season!

As we reflected, here at CREEC, on 2019, we were reminded of how much we have to be thankful for. Below is a slideshow (with alt text) we made to express our thanks. 2019 Thank You Slideshow with Alt Text You can also watch this as a YouTube video. We're Thankful For Slideshow without audio for...

Full and Equal Enjoyment for Sports and Music Fans

Client spotlight:  Kirstin Kurlander Garcia Deaf lacrosse fan and CREEC client, Kirstin Kurlander Garcia has been instrumental in bringing open captioning to both the Pepsi Center and Broncos Stadium. Using CREEC’s Fast Advocacy for Communication program, she was also recently able to secure an interpreter for the Violent Femmes concert at Planet Bluegrass. “Our family enjoys professional lacrosse games at both the Pepsi Center and Broncos Stadium, but I wasn’t able to fully enjoy the events without access to the announcements – players, penalties, and all the other things that entertain us between plays,” Kirstin explained. She approached CREEC about the Pepsi Center; we approached the Pepsi Center to discuss the issue, but ultimately resolved the case in Kirstin’s favor through class action litigation. Soon thereafter, Kirstin and CREEC reached out to Broncos Stadium and were able to work with the folks there – without need for litigation – to ensure open captioning. As a result of the collaboration between Kirstin and CREEC’s Accessibility Project, deaf and hard of hearing lacrosse fans – and hockey, basketball, and football fans – can all enjoy access to the same public address content as hearing fans. Also an avid music fan, Kirstin was interested in attending a summer 2019 Violent Femmes concert at Planet Bluegrass. Long before the concert date, Kirstin reached out to Planet Bluegrass to request a sign language interpreter. The venue owners responded with a common misconception:  that it’s up to the individual bands to provide interpreters. In fact, both owners and operators – venues and performers, in this case – are responsible for ensuring effective communication for deaf...

CREEC mourns the passing and celebrates the life of Judge Wiley Y. Daniel

Yesterday, we celebrated the life and mourned the passing of Judge Wiley Y. Daniel, a Senior United States District Judge in the District of Colorado. I have been privileged to practice before Judge Daniel from early in my legal career to earlier this year, and each time it was a delightful experience. He was always prepared, knowledgeable, practical, respectful, and funny. He worked hard to put everyone in the courtroom at ease so we could get to the business at hand, for example, carefully establishing out-of-state counsel’s college football and basketball allegiances before proceeding. In one of my earliest appearances before Judge Daniel, I was arguing for wheelchair access to Denver’s Red Rocks Amphitheatre. Opposing counsel observed that Red Rocks was built into the side of a steep mountain.  Judge Daniel responded by asking (something to the effect of — unlike the below, we didn’t get the transcript), “That’s all well and good, but why should the burden of that geography fall only on people with disabilities?”  He has, from the get go, understood the fundamental premise of disability civil rights. In June, 2018, we again appeared before Judge Daniel on the question of wheelchair access to Red Rocks, though this time it was to seek final approval of a class action settlement addressing ticketing and scalping problems that had excluded people with disabilities. Final approval hearings are always upbeat events, as the parties have settled and appear before the judge jointly requesting his blessing of the settlement. Judge Daniel quizzed us on the details of the agreement, indicated his intent to approve it, and then took the opportunity...

Press Release: Broncos Stadium at Mile High Expands Services for Deaf & Hard of Hearing Fans with Open Captioning Service

For Immediate Release Thursday, Aug. 29, 2019 Denver Broncos Football Club: Seth Medvin Seth.Medvin@broncos.nfl.net/720-391-4033 cell CREEC: Amy Robertson 303-917-1870 BRONCOS STADIUM AT MILE HIGH EXPANDS SERVICES FOR DEAF & HARD OF HEARING FANS WITH OPEN CAPTIONING SERVICE Measures result from collaboration with deaf patron and the Civil Rights Education and Enforcement Center DENVER — Stadium Management Company (SMC), the Metropolitan Football Stadium District (MFSD) and the Civil Rights Education and Enforcement Center (CREEC) announced on Thursday that Broncos Stadium at Mile High will expand its services for deaf & hard of hearing fans by providing open captioning on its LED ribbon boards. Fully operational for stadium events, the open captioning service will be displayed on three LED boards at Broncos Stadium at Mile High. Two boards are located on the southeast and southwest side adjacent to the Ring of Fame nameplates and one is on the northwest corner of the stadium. Broncos Stadium at Mile High already provides closed captioning services for fans’ mobile devices and on assistive listening devices available for checkout from guest relations staff. In conjunction with CREEC and Kirstin Kurlander Garcia, a deaf sports fan and stadium patron, the stadium will now caption information spoken over the public address system on the LED boards. The open captioning service will be used at Broncos home games, Denver Outlaws Major League Lacrosse games and other major stadium events (international soccer games, AMA Supercross, etc.). For more information about how the Broncos support and service deaf & hard of hearing fans, please visit www.broncosstadiumatmilehigh.com/stadium-information/guest-information. ABOUT CREEC: The Civil Rights Education and Enforcement Center (CREEC) is a nonprofit membership...

Who is impacted by ICE’s disregard of medical, mental health, and disability needs of detained immigrants? Too many people. CREEC and others are working to put an end to it.

A refugee from Sudan, Hamida Ali has a mental disability and a history of suicide attempts. Despite this, Ms. Ali was left in a dorm by herself with no other detained individuals or guards for nine months, exacerbating her symptoms.   Edilberto Garcia Guerrero experiences chronic headaches and pain in his neck, shoulder, ear, and eye. He also has diminished vision and hearing. These all stem from an assault he suffered in ICE custody and have not been addressed by medical staff. Mr. Guerrero previously had reconstructive ankle surgery after falling off a roof. He fell in ICE custody while in ankle cuffs, causing the breakage or dislocation of screws from his previous surgery. Mr. Guerrero is still waiting for surgery. These are just two people among the 15 individual plaintiffs and two organizational plaintiffs, Al Otro Lado and Inland Coalition for Immigrant Justice, named in a nationwide federal class action lawsuit filed on August 19, 2019 by  CREEC, Disability Rights Advocates (DRA), the Southern Poverty Law Center (SPLC), and Orrick, Herrington, & Sutcliffe, LLP. And our plaintiffs are not alone in suffering at the hands of ICE and their contractors. On any given day, about 55,000 people are being held in ICE custody.  Last year, ICE detained a total of almost 400,000 immigrants. The Trump administration has funneled record numbers of immigrants into ICE prisons across America, subjecting thousands of men and women to in horrific, inhumane conditions in repurposed prisons and jails. These men and women are asylum seekers, longtime American residents, military veterans, teenagers, and refugees, among others. “In two years of investigating conditions for people...