Hearing Access Program
[address]
New York, NY 10021
To Whom it May Concern:
BACKGROUND:
The Hearing Access Program’s goal is to assist organizations achieve their goal of accessibility for the entire hard of hearing community. Our service is free unless technical assistance is needed
These recommendations are written based on my work with over 60 organizations including the National Park Service, Cunard’s QE2 and QM2 and our family’s personal experiences. Our 12-year old daughter is hard of hearing and has experienced frustration over inappropriate access on cruise ships.
DISCUSSION
The Hearing Access Program offers the following Comments in response to the US Access Board’s request for comments to its 2nd Draft to the Americans with Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels. The Hearing Access Program commends The Access Board for developing these Guidelines but feels that there are some misconceptions, incongruities and areas that are not addressed or require additional information.
The Hearing Access Program’s experience with generic Guidelines is that it leaves too much ambiguity and ultimately leads to confusion and non-compliance. We have found that examples provide a base but yet still leaves a standard with room to adapt to emerging technologies.
The proposed Guidelines are very specific but as seen below, they have many gaps. It is impossible to have an appropriate set of regulations address each and every specific situation. Moreover, specific regulations frequently become too outdated before they are fully implemented. Accordingly, we urge the Access Board to continue the “Effective Communication” standard while providing The Guidelines as examples of “Effective Communication” in certain situations based on current technology. We urge The Access Board to specifically state that the Guidelines are intended as a constitution susceptible of adapting to meet current technological needs and not as historic artifact of the state of technology at the time adapted.
As such, our concerns with the Proposed Guidelines are:
1- V215 Emergency Alarm Systems
The statement “shall comply with principles of best practice” needs to incorporate examples. The phrase is too vague. The hearing loss community has seen this with the term “effective communication”. What effective communication means and how to best achieve it even with the best of intentions is not clear for someone without a hearing loss. Organizations then rely on vendors for legal interpretation yet these vendors are profit motivated and do not necessarily have the best interests of people with hearing loss. When the organization does not have the best of intentions than it becomes an escape clause that can only be rectified with DOJ’s intervention. This takes time and money.
Therefore, we recommend including language that guides a person who is reading the document but yet does not limit the possibilities. Inserting the phrase “such as but not limited to” along with some suggestions will provide a starting point but, yet, allow for room to maneuver. But, again, language must be included to allow for advances in technology. For example, in Section V215.2, some suggestions could include lights and shakers that are connected to the bed and are in the bathroom.
Also, when determining what emergency system is in place, it is important to consider that a person who is deaf or hard of hearing is not always with a companion e.g. if they are in a public restroom (V215.2).
2- V219 Assistive Listening Systems (“ALS”)
The “Exception” in section V219.2 needs to be removed. There are many instances where amplification is not used but an ALS is still needed for those with a hearing loss. In fact, it is probably needed more so since there is no amplification. For example, when we have traveled on a cruise, the children’s camp typically does not use amplification because the assumption is that the children are young and don’t need the additional amplification. This Exception would prevent a child with hearing loss from having the benefit of an ALS even if they are in a room with 50+ fixed seats.
3- V703.7.2 Symbols
(a) V703.7.2.1 International Symbol of Accessibility
The use of Figure V703.7.2.1 as the International Symbol of Accessibility is inappropriate, antiquated and needs to be updated. This symbol does not represent people who are deaf, hard of hearing, visually impaired or those who have mental disabilities. It does represent people who use wheelchairs. The “International Symbol of Accessibility” is thus attitudinally discriminatory and frankly flies in the face of common sense.
The symbol also pigeonholes all people into one disability versus the intended goal of having an umbrella symbol. Appropriate access for other disabilities becomes more difficult since it appears that the only disability of consequence is mobility access since it is the only disability portrayed. In fact, during my recent testimony before the sub-committee for National Parks, I had to continuously remind the committee that the term, Accessibility does not mean wheelchair access. This symbol reinforces that “attitudinal discrimination”.
Also, Why would any person with a non-mobility disability conclude that this symbol would apply to him or her? Just as the term “handicapped” is outdated, so is this symbol.
If the Access Board would like an “umbrella symbol” to cover the range of disabilities, it is time for the Access Board to take the lead and update this outdated symbol. A capital “A” for accessibility would be appropriate. It is inclusive and not denigrating to any disability.
(b) V703.7.2.2 Assistive Listening Systems
The ear symbol with the slash through it is also inappropriate. While an “umbrella symbol” might work for people who use wheelchairs, it does not work for people who are hard of hearing or deaf because it doesn’t delineate the type of access available. A one size fits all approach does not work for people with hearing loss. Appropriate hearing access varies based upon the degree of hearing loss, the age of the person, when the hearing loss was discovered and the type of training received. The proposed Guidelines are intended to reflect a wide range of access available that is inconsistent with a one size fits all symbol.
For example, a person with no residual hearing who cannot use an Assisitive listening Device “ALD” will think there is appropriate access for them on the ship when they see the ear with a slash. That person will be frustrated when they discover that the movies on board only offer ALDs and not captioning. There is no ability to anticipate the access available since the umbrella symbol does not provide the clarity the passenger needs.
Also, the Hearing Access Program’s experience is that a universal symbol forces consumers to rely on employees to learn what is available. This is imperfect since it is impossible to ensure that the entire staff is informed and has the appropriate knowledge of what is actually available. Also, it assumes the passenger is informed of all the various types of access so that the passenger can even ask the appropriate question.
In other countries, multiple symbols are utilized. In the United Kingdom, where the induction loop is prevalent, the ear symbol with the “T” is used. Some examples of places that use the ear symbol with the “T” are Stonehenge, Legoland and Warwick Castle (See Photos 1-4). An example in Israel is The Masada (See Photo 5).
In addition, the Canadian Association of the Deaf (“CAD”) has affirmatively rejected the ear symbol with the slash. In their position (See Document 1) CAD states:
* "It fails to distinguish between the very different access needs of people who are Deaf and people who are hard of hearing: thus the symbol could be used to indicate that assistive listening devices are provided but not Sign language interpretation. Therefore it fails to function as a true symbol of access for EITHER Deaf or hard of hearing people, let alone BOTH at the same time.
* It fails to indicate what access is being provided: interpretation? Employees who Sign? TTYs? Flashing alarms?
* The slash across the ear implies that hearing loss is a defect or a negative, e.g. “can’t hear”. Symbols for other disabilities focus on the positive: people with mobility disabilities “can use wheelchairs”, blind people “can use canes”.
* The slashed-ear symbol leads to misunderstandings: Deaf children have been known to assume it means “No Deaf people allowed”.
* The slashed-ear symbol is unattractive.”
In the United States, the National Endowment for the Arts (“NEA”), a federal Agency provided Federal funding to the Graphics Arts Guild (“GAG”) to develop a range of symbols to reflect the various types of access available for people with disabilities (www.gag.org). The following are examples of websites by leading theaters and museums and that now use the more descriptive and accurate symbols that NEA and GAG advocate:
*Lincoln Center: http://www.lincolncenter.org/visitor/accessibility_afh.asp?session=A9C179B6-D55A-4CC6-B661-8594E57EC45C&version=&ws=&bc=2
*Metropolitan Museum of Art
http://www.lincolncenter.org/visitor/accessibility_afh.asp?session=A9C179B6-D55A-4CC6-B661-8594E57EC45C&version=&ws=&bc=2
*The Jewish Museum
http://www.jewishmuseum.org/site/pages/page.php?id=20&live_stats=AccessPrograms&PHPSESSID=6da7ceda869eaf26ae7b933fff0f7e6c
*The Asia Society and Museum
http://www.asiasociety.org/visit/newyork.html
*The Frick Collection
http://www.frick.org/information/access.htm
*The American Museum of Natural History
http://www.amnh.org/museum/welcome/accessibility/index.html
*The New York Historical Society
https://www.nyhistory.org/web/default.php?section=visitor_information&page=accessibility
*The Museum of Modern Art
http://www.moma.org/education/moma_access.html
*The Morgan library & Museum
http://www.themorgan.org/visit/access.asp
So why is one federal agency rejecting symbols that another federal agency is advocating? The Access Board should recommend symbols that provide clarification rather than fostering ambiguity.
Finally, the wheelchair access symbol is so similar to the international symbol for access that is difficult for a person to determine if the symbol means that wheelchair access is available or that access in general is available.
(c) Etc.
The symbols are also incorrectly numbered. Figure V703.7.2.3 is supposed to be the symbol for ALS when it is the TTY symbol. The symbol for the International Symbol for Access is supposed to be Figure V703.7.2.1 and it is instead Figure V703.7.2.4.
4- V704 Telephones
There is no mention in the proposed Guidelines that all telephones need to be hearing aid compatible as mandated by the FCC. Again, for consistency, one federal agency should be consistent with another federal agency.
5- V706 Assistive Listening Systems
(a) V706.1 General
The benefits of the induction loop are not highlighted while the benefits of the infrared and FM system are set forth in this section. The Access Board should incorporate the induction loop’s benefits so that it does not appear that one system is favored over another system. Each system has its pros and cons. As the Access Board is aware, the induction loop permits a passenger whose hearing aid contains a tele-coil to use the system by simply switching their hearing aid to the tele-coil setting. No additional equipment is needed. Passengers who have tele-coils prefer an induction loop since it is invisible and discreet. No one is aware that they are using an ALS. The Passenger Vessel also doesn’t need to buy, distribute or replace as many pieces of equipment. This system is widely used throughout Europe and Israel. (Photos 1-5)
(b) V706.3 Receiver Hearing Aid Compatibility
We recommend adding the following “Exception” to this section. “Hearing aid compatible receivers are not necessary as required by section V219.3 if an induction loop system is utilized.”
(c) Advisory V706.3 Receiver Hearing-Aid Compatibility
We commend the Access Board for including this Advisory. The sentence, however, is confusing because of the repetition of neckloops. We recommend instead: “Headsets that are compatible with hearing aids do not require the additional purchase of neckloops as required by section V219.3.”
6- V806.3 Guest Rooms with Communication Features
(a) V806.3.1 Alarms
The statement “shall comply with principles of best practice” needs to incorporate examples. The phrase is too vague. The hearing loss community has seen this with the term “effective communication”. What effective communication means and how to best achieve it even with the best of intentions is not clear for someone without a hearing loss. Organizations then rely on vendors who are profit motivated for legal interpretation. This does not always produce optimum results for people with hearing loss. When the organization does not have the best of intentions than it becomes an escape clause that can only be rectified with DOJ’s intervention. This takes time and money.
Therefore, we recommend including language that guides a person who is reading the document but yet does not limit the possibilities. Inserting the phrase “such as but not limited to” along with some suggestions will provide a starting point but, yet, allow for room to maneuver. But, again, language must be included to allow for advances in technology. For example, in Section V215.2, some suggestions could include lights and shakers that are connected to the bed and are in the bathroom.
Also, when determining what emergency system is in place, it is important to consider that a person who is deaf or hard of hearing is not always with a companion e.g. if they are in a public restroom (V215.2).
(b) V806.3.2 Notification Devices
While this provision allows for the possibility of a TTY, there is no provision in the proposed Guidelines for TTY’s to be provided in the stateroom if a passenger requests this type of reasonable accommodation. Also, hearing-aid compatible phones need to be provided as mandated by the FCC.
7- V904 Sales and Service Counters
An induction loop needs to be required. This is standard protocol in the United Kingdom as is visible in some random photos. (Photos 1-4) Also, a person will not ask a question if they cannot hear the answer.
8- Chapter 11: Tenders
An ALS needs to be mandated for all tenders. In an emergency situation, audible communication is paramount. In addition, on cruise ships, tenders are utilized to transport passengers to docks when large ship access is not possible. Instructions on departure/embarkation and general information are routinely provided during this transition. This information needs to be conveyed in an audible manner via an ALS such as an induction loop.
9- Additional Areas that Need Addressing
The Guidelines have failed to provide information on the following subject areas. It is not clear that the Guidelines do not apply to these areas and that the “Effective Communication” standard still applies since some of the areas are not built-in:
(a) Tours
Tours offered by the ship are an extension of the cruise ship experience. Docent systems should be available for people with hearing loss but would benefit everyone on the tour. We recommend that 4% of the receivers but not less than two have neckloops available.
The proposed Guidelines need to ensure that PVs are responsible for third-party tour operators at each port to ensure that no gaps in access are created.
(b) Movies
Movies need to offer captioning either open or closed. Open captioning is preferable. Closed captioning can either be on the screen or via a rear window captioning system. For your reference, when our family recently sailed on a cruise, the ship tested open captioning. There were no complaints about the open captioning. According to the Hotel Director, that meant open captioning was not objectionable since he did receive complaints for the most inane issues.
(c) Audioguides
As more ships try to ensure their ships are more and more unique, on-board museums are being added. Audioguides are sometimes offered to accompany the exhibitions. If they are offered, they need to be either hearing-aid compatible or offer neckloops. We recommend requiring using that 4% of the audioguides but not less than two offer neckloops. In addition, transcripts in regular and large print should be available.
(d) Real time Captioning (“CART”)
CART should be available upon request with notice prior to embarkation.
(e) Qualified Interpretation
Qualified Interpretation should be available upon request with notice prior to embarkation.
(f) Back-up Portable ALS
We recommend that this be a requirement. PVs in the unique situation of not necessarily being able to receive replacement parts or devices since they are at sea. As a result, broken equipment cannot easily be remedied. A back-up portable ALS would solve this issue. This situation happened to us on the QM2. The system was not available and because our family was on a transatlantic voyage, a system could not be obtained. Also, even if a spare infrared system was on board, maritime law wisely does not permit crewmembers to climb scaffolding when the ship is at sea. Therefore, because there was no back-up system, my daughter could not hear a single show in the main theater. This issue could have been quickly remedied if a back-up ALS was available.
(g) Location of Appropriate Signage
The appropriate symbols e.g. ALD, OC, CC, Large Print, Audio Description need to be placed outside each appropriate room on both sides of the PV if there is a portside and starboard side entrance. The signage also reminds employees that the equipment is available and thereby reinforces their accessibility training.
(h) Kids Camps
As I had mentioned above, the number of children on a boat may fall below the various thresholds that require an amplification system. So, children with hearing loss will not be able to hear because an amplification system is not used. This is not appropriate. The Guidelines have taken special care to address the needs of children who use a wheelchair. This same level of attention should also be paid to children who are deaf or hard of hearing.
(i) Websites, Advertisements, Daily Program and Brochures
All of the appropriate symbols need to be listed and detailed on the company’s website, advertisements, daily program and brochures.
(1) Websites
The above websites demonstrate the recommended placement of the symbols and information. The symbols are listed on the left and the corresponding information is listed on the right. All of this information needs to be listed under the category of Access or Accessibility and not the antiquated headings of Disabilities or Disabled Services. It is important that this is mandated so that it does not become a guessing game to find the information. On one occasion, I found the information listed under “Driving Directions”.
(2) Advertisements
The symbols also need to be listed in all advertisements. It is important for the public to know what access is available prior to the booking of their trip and to encourage consumers to take a trip that they thought was otherwise not possible
(3) Daily Program
All programmatic symbols should be listed in a PV’s daily program if one is distributed. For your reference, The QE2 and the QM2 listed the ALD symbol in their Daily Programme adjacent to every program where an ALD was available. (See Document 2) This was extremely helpful to our family and others.
(4) Brochures
The symbols also need to be listed in all brochures. It is important for the public to know what access is available prior to the booking of their trip and to encourage them to take a trip that they may have thought was not possible.
(j) Training
All personnel need to have appropriate training. All of the correct equipment can be on-board but without appropriate training it is irrelevant.
(k) In-Room Televisions
(1) ALS
An in-room ALS needs to be available upon request. This system is not only beneficial to the person who requires it but it also benefits the adjacent cabins. My understanding is that when the system is not available, the passengers just turn up the sound on their television and ultimately disturb the adjacent cabins.
(2) Captioning
All on-board televisions should contain the captioning decoder chip. In the alternative, an appropriate number of televisions that contain the decoder chip should be available. The television shows all have the captions already embedded on them but the PV we have been on, have televisions that do not have the decoder chip so the captions were not available to our daughter. It is my understanding that the reason the television sets do not contain the chip is because the sets are less than 13” and the FCC does not require decoder chips in televisions smaller than 13”. The nature of PV unlike hotels is to maximize space. Thus, PV use small televisions or flat screen that do not have the decoder chips.
Also, all shipboard announcements and programming need to be captioned. These announcements and programs contain critical information that are not available to passengers with hearing loss if they do not contain captioning.
(l) Shipboard Announcements
All shipboard announcements must be available in a visual format and via an ALS. Otherwise, there is no ability for someone with a hearing loss to understand what is being stated. These announcements typically contain important and potentially life saving information. Frankly, it is impossible to hear the announcements unless the passenger is in a public area and not in their cabin.
10- Advisories-
We recommend the following information be included as Advisories to ensure that passengers have a seamless experience.
(a) Overall
How will the needs be determined prior to embarkation? Will the receivers be distributed in the passenger’s room or at the appropriate venue? It is preferable for the equipment to be distributed at the event. With PVs becoming so large it is particularly difficult to traverse such great distances to retrieve equipment between activities particularly if someone is older.
(b) ALS Systems
(1) Maintenance
It is important that the ships consider the number of different systems that they are installing one PV. Will the batteries be replaced during the cruise or recharged? If the batteries will be replaced, then a sufficient number of batteries need to be on-board. How will the ALDs be maintained? Earpieces need to be cleaned and foam earpieces need to be replaced between each passenger. I cannot tell you how often we are handed a hearing-aid compatible headset that has filthy foam earpiece.
(2) Testing Neckloops
All neckloops need to be tested prior their to distribution. Otherwise, the passenger discoverss the faulty neckloop as the event begins. A mini amplifier and a telephone pickup device are easily purchased. These devices can be found at stores such as Radio Shack for approximately $21 (See below.).
*Recorder Telephone Pickup
http://www.radioshack.com/product/index.jsp?productId=2103876&cp
*Mini-Amplifier
http://www.radioshack.com/search/index.jsp?kwCatId=&kw=mini%20amplifier&origkw=mini%20amplifier
To test the neckloop, insert the neckloop into the receiver or audioguide. Install a 9-volt battery in the mini-amplifier. Plug the recorder telephone pickup into the input connector of the mini-amplifier. Turn on the mini-amplifier and scrunch up the neckloop in your hand while placing the scrunched up neckloop next to recorder telephone pickup. The sound running through the sound system should play through the mini-amplifier. If it does than the neckloop works, if it doesn’t the neckloop is broken.
(3) Sound Coverage
We recommend including an Advisory to ensure that there is full sound coverage in the room when an ALSs is installed. While this may sound like common sense, we have found ourselves on several occasions stuck in seats that do not receive a signal for the ALD. (Please see Pre-show Sound Test Below.)
(4) Pre-show Sound Test
We highly recommend this be mandated. It is impossible to determine if a seat is receiving a signal until the show starts unless there is a pre-show sound test. Sound whether music or voice needs to run through the sound system prior to the start of the show. The passenger can then make alternative arrangements if the seat is not receiving the signal prior to the start of the show.
On a personal note, we have sat many times in seats that were not receiving the signal and did not discover the problem until the show began. To rectify the situation means missing the show and that is frustrating especially to a young child. At the show, Seussical, my daughter heard static through her ALD. We later found out that the cause of the static was that the infrared emitter had shifted. As a result, our daughter never heard the show because once the show began, there were no alternative seats available. The problem was avoidable with a pre-show sound test.
(5) Sound Bleed
PV should be mindful that the sound does not bleed from one room to another when installing the various ALS.
(6) Music
All sound must be transmitted through the system. This means music and voice. Some sound technicians who are unfamiliar with hearing loss do not transmit the music through the ALS system because they are under the incorrect assumption that the music is loud and does not need to be amplified. What they fail to understand is that the T-switch shuts off all sound that is not transmitted through the ALS. Therefore, the person using a neckloop does not hear the music and only hears the voice. Again, this happened to my daughter during four Lincoln Center performances and the Broadway show, Chitty Chitty Bang Bang. Upon discovery, both locations corrected the issue.
SUMMARY
The current Guidelines do not achieve appropriate access for people who are hard of hearing or deaf. We respectfully request that the above recommendations are incorporated in the proposed Passenger Vessel Access Guidelines. Being aboard a ship can be a terrific experience but it can also be extremely frustrating when there is inappropriate access. Unlike other situations e.g. a hotel, a passenger can be trapped on a vessel for an extended period of time. In addition, safety is paramount. The current proposed Guidelines do not afford passengers with hearing loss the same appropriate access as passengers with other disabilities. We assume that this was an oversight but this oversight must be corrected.
Sincerely,
Janice L. Schacter
Chair, Hearing Access Program
Photo 1- Stonehenge Gift Shop, England
Photo 2- Stonehenge Ticket Window, England
Photo 3- Legoland, England
Photo 4-Warwick Castle, England
Document 1- Canadian Association of the Deaf
QM2- Daily Programme
