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National Federation of the Blind of Maryland
9736 Basket Ring Road Columbia, MD 21045
Fall, 1987
NONPROFIT ORGANIZATION
U.S. Postage Paid Baltimore, MD Permit No. 7532
Address Correction Requested
THE BRAILLE SPECTATOR
National Federation of the Blind of Maryland, Inc.
Fall, 1987
The National Federation of the Blind of Maryland, an affiliate of the National Federation of the Blind, is a non-profit organization of blind people whose purpose is to promote equal opportunities for the blind. We provide advocacy services for the blind, special training programs for parents of blind children, job referrals and placements for the blind, public education programs, scholarships to blind students, and help the newly blinded to acquire special techniques for maintaining productive lives.
Please address inquiries to:
NFB of Maryland
9736 Basket Ring Road Columbia, MD 21045
phone (301)992-9608
Please send donations to:
NFB of Maryland 11909 Coronada Place
Kensington, MD 20895
The Braille Spectator is published quarterly for members of the National Federation of the Blind of Maryland and others who share an interest in the work of this organization. The recorded edition, available on cassette, can be obtained from the editor upon request. Cassettes may be returned to the National Center for the Blind, 1800 Johnson Street, Baltimore, MD 21230.
Changes of address and additions to the circulation list should be sent to the editor. Address all news Items, articles and letters to the editor.
Althea Pittman, Editor The Braille Spectator 9736 Basket Ring Road Columbia, MD 21045
Officers:
Sharon Maneki, President Columbia, Maryland
Althea Pittman, First Vice President Baltimore, Maryland
Ronald Metenyi, Second Vice President Baltimore, Maryland
Mary Ellen Reihing, Secretary Baltimore, Maryland
Judy Rasmussen, Treasurer Kensington, Maryland
Members of the Board of Directors:
Leroy Bagwell, Salisbury, Maryland
Pat Mayweather, Lanham, Maryland
Al Carter, Annapolis, Maryland
Carleen McKenzie, Frostburg, Maryland
Pat Winebrenner, Frostburg, Maryland
Brenda Williams, Baltimore, Maryland
THE BRAILLE SPECTATOR
Fall, 1987
CONTENTS
CALENDAR OF EVENTS 1
HIGHLIGHTS OF THE 1987 CONVENTION 1
THE STATE.OF THE AFFILIATE by Sharon Maneki......................................................... 3
BLIND INDUSTRIES AND SERVICES OF MARYLAND:
A CONVENTION REPORT............................................................ 8
WHITE CANE LAW NEEDS STRENGTHENING, BLIND FEDERATION CLAIMS
by Elvis C. Jones 19
WINNERS OF THE JOHN T. McCRAW SCHOLARSHIPS FOR 1987............................................................ 20
VENDORS REFUSE TO PAY SET-ASIDE; JOINT LEGISLATIVE
COMMITTEE HOLDS OVERSIGHT HEARINGS by Sharon Maneki 21
THE STYLUS AND THE WORD BY Paul Flynn····························································· 27
NFB OF MARYLAND PARENTS DIVISION SHOWS HOW COLLECTIVE ACTION MAKES THE DIFFERENCE 31
MARYLAND IS EXCITED! by John Eby 32
SPECS 32
RESOLUTIONS ADOPTED BY THE 1987 CONVENTION............................................................ 34
CALENDAR OF EVENTS
Saturday, December 12, 1987: National Federation of the Blind of Maryland visits the National Center for the Blind. All members are encouraged to attend. Tour begins at 10:00 A.M.
10:00 A.M., Saturday, January 16, 1988: Board of Directors meeting, National Federation of the Blind of Maryland, National Center for the Blind.
Thursday, January 21, 1988: National Federation of the Blind of Maryland Day In Annapolis. Reception at 5:30 P.M., Annapolis Ramada Inn.
July 2-9, 1988: National Federation of the Blind Convention, Chicago, Illinois.
Friday, September 9 - Sunday, September 11, 1988: National Federation of the Blind of Maryland Convention, Towson Sheraton Hotel; Towson, Maryland.
HIGHLIGHTS OF THE 1987 CONVENTION
What are the ingredients for a successful state convention of the NFB? Some of the ingredients are good publicity, a lively interesting program, and lots of audience participation. This year's convention was blessed with all of these. The 1987 Convention of the National Federation of the Blind of Maryland was held during the weekend of October 2-4 at the Comfort Inn, Frostburg, Maryland.
The publicity surrounding this convention was extremely good. Several preconvention articles announcing the convention were carried in both the Cumberland News and Times, and the Frostburg Journal. Radio stations WTBO and WCBC carried convention announcements and longer interviews about the Federation. We also received excellent television coverage on WHAG and on cable television.
We were very pleased that a reporter from the Cumberland News and Times, Mr. Elvis Jones, attended the entire convention. To date, he has written 8 excellent articles about the convention and issues of concern to blind persons. Mr. Jones has become a good friend and we look forward to his continued help in dispelling the myths and misconceptions about blindness.
The convention program was both informative and interesting. Some of the issues that we discussed were the Maryland Library for the Blind, Blind Industries and Services of Maryland, problems facing Vendors, and the need to strengthen the Maryland White Cane Law. As you read the other articles in this news
letter and the 12 resolutions passed by the convention, you will see that we made much progress, but still have much work to do to achieve equal rights for the blind of Maryland.
Two colleagues from other states, Reverend Frank Lee from Alabama, and Mr. Ed McDonald from Kentucky, also contributed to the success of our convention. Reverend Lee, our national representative, gave an inspirational banquet address on his struggle to accept blindness and his struggle to convince his bishop as well as the congregation that blindness did not interfere with his abilities to be a competent minister. Mr. Ed McDonald, a producer announcer on radio station WNKU, Highland Heights, Kentucky, conducted a public relations seminar. We look forward to good results in getting our message to the media thanks to Ed's excellent ideas and suggestions.
This year, a record number of Federationists attended the convention, with 165 people registering. Participation in our convention is crucial if we are to continue to grow and be an effective organization. We need the support of every member in all of our activities.
A special word of appreciation is extended to all who participated in the raffle of five $100 prizes held during the banquet. The winners were Jack Peoples, Lloyd Rasmussen, Marc Maurer, Karen Mayry, and Terussia Lovick. We also thank everyone participating in the DIG, PAC, and Associates programs. These programs are crucial for the funding of our movement. The thirty-two people who recruited Associate contributors in 1986 had a free breakfast on Sunday morning at the convention. Will you become a recruiter of Associates in 1987-88 so that you can be eligible for a prize at the 1988 convention?
Three Board positions were up for election this year. Benny Bagwell, Pat Winebrenner, and Pat Mayweather were elected to fill these two-year positions. Congratulations to Benny Bagwell who also won the Barbara Johnson award.
The 1987 convention marked the end of a very productive year for the National Federation of the Blind of Maryland. Let us continue to strengthen our movement during the coming year.
THE STATE OF THE AFFILIATE
An Address by Sharon Maneki, President
National Federation of the Blind of Maryland Delivered at the
Twenty-First Annual Convention Frostburg, Maryland
Saturday, October 3, 1987
INTRODUCTION
Fellow Federationists, let me begin on a personal note. My experience as president during the past year was exciting, challenging, rewarding and very productive. I attribute our success to the unqualified support of President Marc Maurer, Dr. Jernigan, the officers and board of directors of the National Federation of the Blind of Maryland, and each and every member of the affiliate. I thank you for your loyalty and support and I especially thank you for your excellent participation in affiliate activities throughout the year.
One example of this involvement is the quarterly publication of the Braille Spectator. It is most appropriate that many people present at this convention wrote articles. I extend a word of special thanks to those who record, duplicate, and mail the Spectator. No matter how poor Connie McCraw's health becomes, she makes the effort to record the Spectator. Without the help of Mr. Gerstenberger, Mrs. Chapman, and all who help with this effort, we could not have maintained the quarterly publication schedule.
Let us review the events of the past year together. The year of 1987 was a year of success, recognition, growth and challenge for the National Federation of the Blind of Maryland, and challenges abound for the coming year.
RECOGNITION
The National Federation of the Blind of Maryland received recognition from Governor Schaefer, the General Assembly and recognition through the media. Governor Schaefer is out of the country. Thus he is unable to attend our convention, but he issued a proclamation, as a symbol of recognition and respect of the work of the National Federation of the Blind. The proclamation reads:
"The State of Maryland. Proclamation from the office of the Governor. Job Opportunities for the Blind Month, October, 1987.
Whereas the glory and the promise of the state of Maryland rests in the dedication, commitment and contributions of all of our citizens and blind persons in our state are active and productive in a variety of worthwhile careers and activities--
reminding others that the word "disabled" is truly only just a word;
and whereas the Job Opportunities for the Blind (JOB) Program is an information and referral program, sponsored by the National Federation of the Blind, in partnership with the United States Department of Labor, which seeks to provide valuable information about jobs across the country;
and whereas JOB encourages blind persons to use their individual skills and talents in every imaginable field ... and since the program began in 1980, JOB has helped blind persons find jobs while also providing employers throughout Maryland with information on blindness and on improving the climate for the employment of the blind both now and in the future;
and whereas • Maryland is pleased to join with the proud members and supporters of the National Federation of the Blind of Maryland in celebrating a concept which has such a positive influence in the lives of all our citizens.
Now, therefore, I, William Donald Schaefer, Governor of the state of Maryland, do hereby proclaim October, 1987, as Job Opportunities for the Blind month in Maryland, and do commend this. observance to all citizens. Given under my hand and the great seal of the state of Maryland. This 1st day of October. One thousand nine hundred and eighty seven. William Donald Schaefer, Governor."
MARYLAND GENERAL ASSEMBLY
legislature
Let us turn to the legislature. January 23, 1987, was a day of pride and recognition for the National Federation of the Blind. Dr. Jernigan was not only recognized by the House of Delegates through Resolution 19, but also was granted the extremely rare opportunity to address the members from the floor of the House. The blind have recognized Dr. Jernigan' s leadership and courage for many years. It is especially significant when the legislature gives this well deserved recognition.
Over the years, we made many friends in the legislature through our days in Annapolis, our receptions and constituent contacts. This year many legislators gained new respect for our dedication and tenacity because we continued our plans despite a record 15 inches of snow.
THE MEDIA
Coverage in the media is important to us because it brings recognition. We never know who will read or see our information, needing it now or at a future date. Several articles on Braille appeared in newspapers throughout the state such as the Baltimore Sun, the Columbia Flyer and the Montgomery Journal. Dr. Richard Welsh felt compelled to answer Mary Ellen Reihing's letter to the editor in the Baltimore Sun showing that he was threatened by our activities.
Who can measure how many parents of blind children learned about the Federation through the excellent coverage of our Parents' seminar in April, both on television and in the press? Who can measure how many people heard the talk show interviews featuring federationists on such powerful radio stations as WTOP, WANN AND WCBC? How many people learned about the Library for the Blind through our feature in the Baltimore Sun, Letters to the Editor, from blind patrons, and two television news stories that were arranged through the efforts of the National Federation of the Blind of Maryland? Who can measure how many people will see and hear our message because of the excellent publicity and press coverage of this convention?
We may not think of the Braille Spectator as media coverage, but it is because it, too, spreads our philosophy of blindness. The Fall 1987 issue of the Braille Spectator will have a circulation of over 1,100 copies. This is exactly as it should be. We want more blind persons to learn about our organization as we continue to grow. The impact of the Spectator goes beyond the blind community. Mrs. Minnie Kenny has been reading the Braille Spectator since she accepted the Employment award for the National Security Agency at last year's convention in Columbia. After reading Al Maneki's article "Braille on the Job", Summer 1987, she asked Al to submit it for publication in a personnel bulletin that will highlight employee productivity. This bulletin goes to every Agency employee so it has a substantial circulation.
ADVOCACY
Recognition is a tool to reach our goal of equality. We are changing what it means to be blind in Maryland. As we fight each individual battle against discrimination, we tear down the barriers to first class citizenship for all of us. Remember the Patrick Gormley case? Pat wanted to rent an apartment. The landlord didn't want a blind tenant until the NFB changed her mind and reminded her of the law. This was not just a victory for Pat, but for all of us.
Expertise and information are two of the greatest resources of the Federation. Over and over, social security representatives turn to Mr. Gashel for information concerning social security rules that apply to blindness. The NFB, not BISM, has the expertise in social security issues. Ron and Audrey Burns had an overpayment problem. With our assistance, Ron and Audrey won their appeal.
The agencies established to help blind persons are often the greatest offenders of discrimination. DVR, the Maryland State Human Relations Commission and the "experts in education" are but a few of the agencies we dealt with during the past year. DVR discriminates against us by denying services.
The James Story case is one example. James is a student at Frostburg State University. In the 1986 academic year, DVR decided that James was eligible for only $200 of funding for readers and that he was ineligible for everything else. The 1987 academic year will be different for James because of the assistance of the NFB. James has the same meager income he had last year, but the threat of an appeal helped DVR find $2,400 to assist Mr. Story with his education.
In 1985, three Federationists, Leslie Johnson, Arthur Segal and Martha Rowe, filed employment discrimination complaints with the Maryland Human Relations Commission against the Baltimore Gas and Electric Company. This commission knows very little about blindness. It still has not made a finding in this case. We are documenting the delays and we will reform the system.
BRAILLE
Education of blind children in Maryland is changing ever so slowly, but it is changing. Why? Because of the efforts of the NFB. Thanks to our efforts in the legislature, more people are learning of the importance of Braille. Vision teachers will find it more difficult to deny Braille to students because more people are watching their actions. Thanks to Barbara Cheadle and our Parents' Division, blind children in Baltimore city now have a transitional class which will tremendously improve their chances to learn basic literacy skills.
Two years ago, we began to demand that the Maryland State Department of Education give parents clear accurate information about their rights to participate in the development of their child's Individualized Education Plan. As usual, the Department of Education said change was unnecessary and they opposed our bill. However, later they admitted that clarification was needed. New COMAR regulations adopting our ideas will be available for public comment this fall. Parents of all handicapped children in Maryland will benefit from the efforts of the National Federation of the Blind.
MARYLAND LIBRARY FOR THE BLIND
Did any other organization of the blind bring the plight of the Library for the Blind to the attention of the governor, comptroller and state treasurer by attending the Board of Public Works meeting? It is not every day that blind people have a chance to talk to the governor directly about a particular issue such as the library. We did, and we are responsible for his visit to the library building. It is evident that the Departments of Education, State Planning and General Services recognize the National Federation of the Blind of Maryland. We foiled their plan for stagnation. Thanks to our efforts, the signing of the lease for the facility housing the library was postponed for a month which helped get the best deal possible from a bad landlord.
A golden opportunity was lost in August when Governor Schaefer visited the Maryland State Library for the Blind. Instead of seizing the opportunity, Mr. Finney apparently chose to play the role of the subservient bureaucrat, by saying to the Governor, "Really now, everything is just fine, and we are all doing the best job we can."
To prevent this kind of tragedy from happening again, I have appointed a library committee, which I will chair for the time being, to meet periodically with Mr. Finney to plan for the proper growth and development of the library.
The state library system abounds with inertia and ignorance about the library for the blind. A library for the blind must provide more than "a little leisure reading", or "some of the classics", for blind persons to while away their time. A library for the blind must do more than just house the books produced by the National Library Service for the Blind and Physically Handicapped, Library of Congress. Instead, a library for the blind should be able to furnish students with timely research materials, should be able to offer professionals specialized journals, documents, and manuals. We need a library for the blind that can produce "information on demand." We can have such a library for the blind in Maryland, if we continue to take every opportunity, as individuals and as an organization, to make our case to the public and to the bureaucracy that was meant to serve us.
BLIND INDUSTRIES AND SERVICES OF MARYLAND
Over the years, we have achieved a measure of success with the programs at Blind Industries and Services of Maryland, because BISM is an autonomous agency with a single function. Unlike the Division of Vocational Rehabilitation, which can elude public demands for better service by encasing itself in layers of bureaucracy and pleading powerlessness over its own programs, BISM has no place to hide. BISM must confront the blind consumers it serves. Those of us old enough to remember John McCraw know how tirelessly he worked both as President of the National Federation of the Blind of Maryland and as Chairman of the BISM Board of Trustees to improve these programs.
During the past year, with a new administration managing BISM, we have started to witness a rapid decline in the quality
of its services. Key personnel in rehabilitation and job placement have been released, suggesting to us a de-emphasis of these activities, and that blind persons who need training and job placement can no longer look to BISM for help. The first prerequisite to improving services for the blind is most certainly not the complete elimination of programs by an autonomous agency whose sole purpose is service to the blind. While the needed course of action may be uncertain, it is clear that affairs at BISM will require some serious attention during the next year.
THE FUTURE In all of this activity, our goals are clear. We want blind vendors to be rid of set-a-side, and to operate independent businesses; we want blind children to grow up free from the burdens and scars of discrimination, and unshackled from the bonds of illiteracy; we want to do away with the sheltered shop system, or at least to reform it so that blind employees are paid the minimum wage and treated with decency and respect; we want the elderly who face the prospect of blindness to have the proper training in adaptive skills so that they may continue with their productive lives; we want an unemployment rate as low or lower than the national unemployment rate for the general public; and we want all people to understand and to say from the bottom of their hearts that it is indeed respectable to be blind. We will not reach these goals tomorrow, or next year, or perhaps not even in our lifetime. But we have made progress, and we will continue to make progress, for we have acquired the skills of working within the establishment, and we have developed the art of influencing public policy.
We are organized to promote the general welfare of the entire blind community. We are unified in a people's movement which espouses the philosophy that blindness is normal and unlimiting, given training and opportunity. From our unity we draw our strength. From our common philosophy we draw inspiration and courage. Let us continue to work together for our common goals. We have all of the ingredients for success in the National Federation of the Blind.
BLIND INDUSTRIES AND SERVICES OF MARYLAND A CONVENTION REPORT
(Editor's note: Since Blind Industries and Services of Maryland (BISM) is a major provider of services to the blind in Maryland, we are reprinting the remarks of Sharon Maneki, Frederick Dewberry of BISM, and Dr. Kenneth Jernigan, presented at the Saturday afternoon session of the 1987 convention of the National Federation of the Blind of Maryland. Mrs. Maneki and Mr. Dewberry provided us with written copies of their remarks. Dr. Jernigan' s remarks were copied from a cassette of the convention proceedings made by Lloyd Rasmussen.)
INTRODUCTION by Sharon Maneki
Our battles and our cooperation with BISM have a long history. Earlier, I mentioned John Mccraw. In this connection, we should also remember Ralph Thompson. There is no question that our involvement has been beneficial. At our insistence, BISM now pays the minimum wage to its industrial employees.
Individuals--Raymond Lowder, Mark Draggot, and others--have been helped by BISM. We would prefer to cooperate with BISM, to insure continued quality in its services. If necessary, we will do battle against BISM, as we have done previously, to improve its programs.
Mr. Frederick Dewberry was hired as BISM's president about a year ago. He apparently has considerable experience in government administration. To my knowledge, he has no previous experience in work with the blind. Such an individual could bring fresh ideas and innovations to solving some very difficult problems in a very difficult field. But for this to happen, Mr. Dewberry should be willing to listen and learn, especially from the organized blind consumers who could be his most valuable allies. To date, we have seen little evidence of this. He could have attended our national convention, but chose not to. We wish he would have attended our entire state convention, but he is not doing that, either. I don't know if he has read any of our literature. I have extended an invitation to him to meet with me personally, and have had no reply yet. Mr. Dewberry, we understand that this is the week-end of your forty-first wedding anniversary, and we offer you our congratulations. We are pleased that you were at least willing to come here to speak with us. We hope this is the beginning of new cooperation between us. For his cements, I present Mr. Dewberry.
REMARKS by Frederick L. Dewberry
Good afternoon ladies and gentlemen. I was very pleased to receive Sharon Maneki's invitation to participate in your annual conference program this afternoon, and briefly discuss the Blind Industries and Services of Maryland.
As you know, I have been BISM's President and Chief
Executive Officer only for the past eleven months, having assumed that position on November 3, 1986, after being appointed by the BISM Board of Trustees. For that reason and to introduce myself, I will give you a brief biographical sketch of myself. I am a native Marylander, born and raised in Baltimore, a graduate of Loyola High School, Loyola College and the University of Baltimore Law School, and a member of the Maryland Bar. During World War II, I was a Naval Officer serving on destroyers in the Pacific area of combat.
For twenty years I was vice-president of a furniture manufacturing company in Baltimore. For the last twenty-five years I served as an elected and appointed public official in Baltimore County and the State of Maryland governments--as a Baltimore County Councilman, Intergovernmental Relations Officer, County Administrative Officer and County Executive. Then I was appointed Executive Assistant to Maryland Governor Marvin Mandel; Executive Director of the Baltimore Regional Planning Council; and served as Deputy Secretary of the Maryland Department of Transportation, and Secretary of the Maryland Department of Licensing and Regulation under Governor Harry Hughes. I am married, in fact my wife and I are celebrating our 41st wedding anniversary this weekend, and we have five children and nine grandchildren. That's a brief picture of Fred Dewberry and what I have been doing for the past half century.
During the days of my management career, I have walked through many different doors and have been involved in many, many different types of occupations, from my first days as a naval officer through a manufacturing business, through involvement in government with public works, police, fire, health, aging, transportation, environmental, energy, training, employment and business licensing problems. BISM is the last of those variety of doors I have walked through.
The past eleven months have been as fascinating, enlightening and challenging as any of the numerous preceding years. The purpose of BISM--the training and employment of blind adults of the State of Maryland--is one that I have enthusiastically and vigorously embraced. It was pleasing for me to find, for the most part, a highly competent and dedicated group of people in both management and production throughout the three BISM centers in Baltimore, Cumberland and Salisbury.
As has been my custom over the past years, I have tried at BISM to engender a "teamwork" relationship between management and production in all that we do. We strive for the very best we can do- - and to do our very best we must work together, cooperatively and in a true spirit of harmony. I strongly believe in and have always had an "open door" policy in my personal working relationship with all employees, both management and production. That is my continuing policy at BISM. I am always accessible to employee representatives and to individual employees. My approach is open, direct, positive. I have a little sign that has been on every desk I have ever had that says, "A positive attitude will help solve problems."
Consultation is a most important facet of management- gathering all the facts, discussing them with and keeping informed all individuals who are involved in a particular matter or problem.
I have established such an open working relationship with BISMs' eleven-member Board of Trustees. Within the past two
months we have had five new members appointed by Governor Schaefer to the Board of Trustees. On September 15th we held a special day-long orientation session for those new members and all others on the Board--the first time such an informative session was ever provided the Board.
One of the first problems I found confronting me when I arrived at BISM eleven months ago was a budget deficit of hundreds of thousands of dollars. I immediately initiated a belt-tightening program to curtail expenses where they were excessive, unnecessary and unbudgeted. Next I appealed for additional monetary assistance from the State of Maryland, to the Governor and the State Legislature, giving them a full report on BISM'S fiscal situation. The Governor and Legislature responded with sizeable additional funds, in loans and grants, not only for the operation of BISM but also funds to begin some major renovations and improvements at BISM facilities for which no other funds were available. Beginning in January BISM will be reporting in writing directly to the Governor and the State Legislature on funds, accounts and operating conditions, as required by Senate Bill 557 adopted during the 1987 legislative session. But, as I have already done, I plan to keep both the State Executive and Legislative branches fully informed about BISM throughout the entire year, as well as our congressional representatives at the Federal level of government, and solicit their assistance and support where necessary.
Likewise I have established an open, working relationship with the employees at BISM. I meet regularly on a quarterly basis with the Industrial Relations Coordinating Committee which is comprised of employee representatives from each of BISM's three centers. I review the Board of Trustees actions with them, discuss operations, working conditions, benefits and take any requests they have to the Board of Trustees. I have also participated in meetings with the individual Industrial Relations Committees when they have requested me to attend.
As you know, BISM is responsible for administering the day to-day operations of the Randolph-Sheppard Program, better known as the Blind Vending Program. In this capacity I work closely with the BISM staff, the Division of Vocational Rehabilitation, who have the primary responsibility for the program, and the Blind Vendors Committee of Maryland under the chairmanship of Mr. Don Morris. Just as in BISM we have many problems to face and resolve, likewise there are many problems from time to time that confront all of us involved with the Vending Program. On behalf of BISM I have been personally involved in trying to resolve these problems working with and to the best interests of the blind vendors. I have supported efforts of the Vendors Committee but in instances where we have had differences, I have made them known openly and always working to arrive at reasonable, acceptable solutions. As I told the Committee of Vendors in a recent meeting, "We can disagree without being disagreeable" and hopefully work together in a cooperative spirit. I have been and will continue to be supportive of the Committee’s efforts to obtain more State funding for the program and to get the Kennelly Program of vending machines at rest stops on Federal Highways established in Maryland. The commissions from these rest stop vending machines will make more funds available for the Vending Program. Additional funding means greater opportunities to continue expanding the Vending Program and placing new blind vendors in business.
In order to resolve some sales and production problems in BISM's Industries Division, I have worked personally with the National Industries for the Blind and the State of Maryland
Department of General Services along with BISM's General Manager of Industries, Joseph Kellner. Industries sales and income have consistently run above $6 million for the past six years. In Fiscal Year 86 sales were $6.3 million, and in Fiscal Year 87 they increased to $6.5 million. As encouraging as this may appear, it does not reflect the true conditions at BISM. Because of various reasons beyond BISM's control, production operations are not always profitable, but become only marginal or 'losing operations. This is not a reflection in any way on the ability or dedication of BISM's employees. We have an excellent work force who make quality products. The problem is that under the Federal Javits-Wagner-O'Day Act the prices we can charge for sale of our products are established for us and too often are unrealistically low. When we must pay increased prices for our raw material, the procedures for getting approval to increase the sales prices for our finished products are very slow causing us to sometimes ship products below cost. Orders for products are unpredictable, so at times when we do not have orders to produce it becomes necessary to furlough some employees. This is not only harmful to our employees but also BISM's profitability.
In order to keep our sales and production up and keep our employees working without interruption, we have gotten into three new products. In the Cumberland plant we make Disposable Pillow Cases and in this month or November we will be starting production on military helmet covers for the Department of Defense. We hope these helmet covers will be a steady, volume business for a long time in Cumberland. And in Salisbury they are producing trouser liners for the military. We are also still in the early development stages of some other items for the military. Getting into new products is a long and costly proposition. It means engineering costs, and working out the costs of making the products, testing the raw material to be sure it meets government standards, purchasing new equipment, and finding ways and means to increase productivity to meet the fair market contract prices that are set on the products. I am pleased to report that BISM is most fortunate in having a General Manager of Industries and three plant managers who are not only experienced, talented production supervisors but are sincerely dedicated to making BISM one of the finest production organizations in the country. I am referring to Joe Kellner, Mark Derr, Marion Francis, and James Pusey. And along with their capabilities as production managers they have a genuine human interest in the safety, well-being and comfort of their respective employees.
Some of you, I am sure, have -heard that several weeks ago the BISM Board of Trustees, on my recommendation, terminated the Training Program at BISM. This was done reluctantly, but by unanimous vote of the Board, after a review and investigation of the Training Division and Training Program over the previous two month period. I initiated the review after all three instructors in the program advised me in July that they were seeking other employment and would be resigning by the end of the year. The necessity for such an investigation was dictated by my responsibility, as president _of BJSM, to the Board of Trustees,
the Governor and the Maryland Legislature for the proper operation of BISM and the proper use of public funds which fully support the training program.
The Chairman of the Board of Trustees, Mr. Thomas Saquella, and Mr. Ellsworth Sharpe, a blind member of the Board of Trustees, personally participated in the review. The Chairman and I also personally met with Mr. Richard Batterton, Deputy Assistant Superintendent of Education for Vocational Rehabilitation, to share our findings with him. The matter was discussed at the August and September meetings of the Board before they voted final action to terminate the program.
In addition to that action, the Board also approved a recommendation that a panel professionally knowledgeable in and acquainted with blind rehabilitation be appointed to review and assess what BISM has been doing in training; what, if any, BISM'S future role in training might be; and, if BISM has a role, how such a program should be designed, structured and administered. A basic premise that has been established is that, if BISM has a future role in training, it must be established in a close, cooperative working relationship with the Division of Vocational Rehabilitation, the Maryland Rehabilitation Center, and the Maryland School for the Blind. Those entities are legally responsible for the training and rehabilitation of the blind of Maryland, and since BISM's program is funded with public monies, it is incumbent upon us to coordinate any possible future efforts with them to provide the most proficient services and avoid costly duplication. All final determinations in this matter will be made by the BISM Board of Trustees based on the assessments, evaluations and recommendations of the professional panel being established.
Confronted with the various problems at BISM over the past eleven months that I have described, has certainly made life something more than dull. I can only assure anyone who has an interest in BISM that I have given these matters my full and thorough attention, and my best efforts at resolving them.
Once again, I express my appreciation for the opportunity to be a part of your convention program and speak to you today.
COMMENTS by Dr. Kenneth Jernigan
Madam President, I want to address comments concerning BISM to the audience, but they will or may be of interest to Mr. Dewberry, in three broad areas: the area of the training program which he mentioned, the area of the vending program, and what I guess I could call the overall relationship which Mr. Dewberry has established or failed to establish with the organized blind movement in this state.
Let me begin with the training program. Some of the things that Mr. Dewberry said in the training program I suppose are agreed upon, but perhaps have a different emphasis from what he might have given or did give, and some perhaps are not agreed upon at all. Mr. Dewberry came, as he says, almost a year ago to BISM. The training program, as we all know, was headed by Mrs. Maurer. It was at the time he came; it was at the time it was terminated. Mrs. Maurer tells me that Mr. Dewberry told her to carry on as she had been carrying on, and had very little contact with her, and did not offer an opportunity for discussion of that program at all, and certainly did not invite one. The student population was allowed to decrease. When Mrs. Maurer left in June for maternity leave, the program was allowed completely to grind to a halt. Students were, the last student was, allowed to go, and there is some disagreement as to whether that student was "dismissed," whether the program had done all it could for that student, or something else. All I can tell you for certain is that once Mrs. Maurer left, then apparently there was an investigation of that program while she was not there.
Mr. Dewberry said that there was a meeting in August and one in September, of the board of BISM. One of those meetings occurred in Mrs. Maurer's absence. She was not asked for any input into that, although they were investigating the department which she headed. And she was away, it should be remembered, on a maternity leave. She came back on the 14th of September. She was called into Mr. Dewberry's office in the presence of a witness, and told that a number of things were problems. Among others: that she had helped to indoctrinate students to be critical of Maryland Rehab, and that since the money for BISM came from or through Maryland Rehab that was the sort of thing that couldn't be done, and therefore students could not be --I can't quote the words--but that this sort of thing should not occur. She was also told, as I understand it, that she had engaged in Federation work on her time at BISM. She tried to discuss these things with Mr. Dewberry and was not permitted to, she tells me. This was on the 14th. With no further discussion.
Apparently, another board meeting was held (the Board of Trustees of BISM). She still was not, although present, allowed to speak to that board at all. No input was sought; she was called in and told that she was to be fired that day, or terminated. (The word "fired" was presumably even given that day), but she was told she was to leave that day. And as I understand it, her files (although she was told she might look at those) were later largely emptied. That does not bode well for good relations with employees or otherwise and it indicates a kind of autocratic, high-handed method which cannot but create problems. Also, as I understand the situation, one of those people in the training department who had "said she was resigning" went to another state to take employment. It wasn't simply a matter of resigning out of BISM; she went to another state to take employment. A second one, as I've been told, was dismissed at the same time Mrs. Maurer was, and the third one, I believe, is still working at BISM. And Mrs. Maurer tells me that that person was told that there would be work for her to continue on at BISM.
Let me leave the training department after saying only this: I have here a letter from one of those students who had finished all of the training at BISM. I have a letter from Mr. Dewberry to that person on September 9. This is to Ken Silberman. Ken Silberman, who was let go late in August, asked to receive further training at BISM, and a letter was sent to him which said (I won't read it all, but a part of it, I think, makes a point.)
"This acknowledges your letter dated September 1, 1987, expressing a desire to be reinstated in the training program at Blind Industries and Services of Maryland. First of all, let me correct a mis-statement in your letter."
I want you to observe that, for you will find that to be a recurring theme.
"You were not dismissed from the program. You, like the other students in your group, had completed all the training BISM had to offer. Further proficiency and refining of your skills in braille writing will only be accomplished by consistent practice in use of the slate and stylus. You were so advised in your exit interview."
The letter goes on to talk about the why of it and says among other things that this man was or rather is a resident of Pennsylvania. In truth and in fact, after Mr. Dewberry came, there was a contention about this very thing, whether Ken Silberman would be eligible for admission to BISM. And upon that hearing, it was adjudged that he would be, and he was admitted as a student.
Let me leave the training department for a moment and go to a second item. I have seen, as a number of you have, a letter from Mr. Dewberry which was circulated rather widely, making what at least I regarded as an attack upon the chairman of the Vendors Committee. A copy of that letter, as I understand it, was not sent to the chairman of the Vendors Committee. That speaks to the point of cooperative relationships with vendors.
That brings me to the third area that I want to discuss. Mr. Dewberry came almost a year ago, by his own statement and the record shows it. He did not seek any contact with the organized blind of this state. He did not seek any with the National Office of the largest organization of blind people in this country, which is located in this state, nor did he seek such contact with the state president. I undertook to establish friendly relations with Mr. Dewberry. I invited him to come to the National Center. After some delays he did accept that invitation, and he did come. He was not hostile. He was blandly uncommunicative. Whatever I said, he simply listened, he
walked away. I have never heard from him since. I have never been invited to come to BISM, nor has anybody from the National Office, nor have we ever been invited to give any input whatever. And I believe that is true of the state officers of this organization.
As I bring this to a close, I want to read to you the letter which he sent to Mrs. Maneki, and then make a brief comment on it, and then, I think, say to Mr. Dewberry where I think we go from here. This letter is written to Mrs. Maneki under date of September 23rd of this year.
"This acknowledges your letter dated September 6, 1987 regarding the training program at Blind Industries and Services of Maryland. I appreciate your expression of interest."
I might say it's not just a matter of interest. We regard that program as not belonging to Mr. Dewberry, and not belonging to other people, but as belonging to the blind of this state. [Applause] It was created for our benefit and we have a right to be concerned with it; it's not simply an expression of interest.
"As I know, you are also interested in accuracy based on factual information. Let me acquaint you with what has taken place and what will happen in the future regarding the training program at BISM.
"First, let me correct a mis-statement in your letter, where you indicate 'all of the students were dismissed from the program.' The students were not dismissed. They all had completed the program and had the advantage of all of the instruction BISM had to offer."
As you heard, at least one of those students, the last one there, thought that he had something else he could gain from BISM.
"Because I was advised by all three instructors in the program in July that they were seeking other employment and would be resigning by the end of the year, I immediately initiated a review of the Training Division and the training program."
As I have already said to you, however, that was done without the benefit of any discussion with the head of that department, and that review commenced apparently after she was away on maternity leave.
"The necessity for such an investigation was dictated by my responsibility."
You heard some of this language earlier in Mr. Dewberry's remarks "as president of BISM." Notice the people that Mr. Dewberry believes he is responsible to: "to the Board of Trustees, the Governor, and the Maryland General Assembly for the proper operation of BISM and the proper use of public funds which fully support the training program."
I believe that Mr. Dewberry is also responsible to the blind of this state. And I believe that means not simply individuals he may pick to be responsible to, but I believe that means that he has some responsibility to the largest consumer organization in this state.
"The review by this office reveals significant problemsin the structure, content and management of the Division and program. The chairman of theBoard of Trustees, Mr. Thomas Saquella, and Mr. Ellsworth Sharp, a blind member ofthe Board of Trustees, personally participated in the review. The chairman andI met with Mr. RichardBatterton, Deputy Assistant of Education for Vocational Rehabilitation, to share our findings with him. At the direction of the chairman, this matter was preliminarily discussed with the Board of Trustees at their August meeting, followed by full, lengthy discussion at their September 17 meeting. At that meeting, the board unanimously approved a recommendation of this office that the division and program be terminated immediately. In addition, they also approved a recommendation that a panel professionally knowledgeable and acquainted with blind rehabilitation be appointed to review and assess what BISM has been doing in training; what, if any, BISM's future role might be; and, if BISM has a role, how such a program could be designed, structured, and administered."
I callto your attentionagain a panel professionally oriented. Very fine to have input from that panel. But one would think that the blind themselves might also have some input as to what role BISM plays in training, what it has done in training, and what that training might be [Applause].
"No students were involved in the termination ofthe program, since acceptance of new students had previously been suspended. A basic premise that this office and the Board of Trusteeshas established is that if BISM has afuture role in training, it must be established in a close, cooperative arrangement with the Division of Vocational Rehabilitation, the Maryland Rehabilitation Center, and the Maryland School for the Blind."
I think that BISM's role, if it has a role in training, must be established by the needs of the blind of the state, and what the law requires, and those two things only; I don't think it has to be necessarily a joint effort with those other entities.
He says,"Those entities are legallyresponsible for the training and rehabilitation of the blind of Maryland."
Well, partly they are.
"And since BISM's program is funded with public monies, it
is incumbent upon us to coordinate any possible future efforts with them to provide the most proficient services and avoid costly duplication. Final determinations in this matter will be made by the BISM Board of Trustees based on the assessments, evaluations, recommendations of the professional panel being established. This is a rational approach to consideration of what has been determined to be a serious problem."
And notice the final sentence.
"All actions are in the interests of the adult blind of Maryland and BISM's role in those interests."
Well, we'd like to have something to say about what is in our interests. [Applause.] If we were not dealing with the lives of people, we could simply, in good temper, as Mr. Dewberry says about agreeing and disagreeableness, we could say: Mr. Dewberry, you're an experienced military officer. We salute you, we go out to fight, you may be able to damage us before we have you out of your present situation, let us engage in combat. But we're not in that kind of situation. We're in a situation that affects the lives of blind people, that affects people who are becoming blind or newly blind, people who need urgently training and employment and the other services for which that program was established. Therefore, I would say to Mr. Dewberry, we will engage in combat with you if we must. We don't want to engage in combat with you. What we want to do, and what we had hoped to do, and what I believe you have made very nearly impossible, is to have a cooperative and good relationship with you. If we cannot do that, then we will reluctantly engage in combat. If we do, we will undertake to make it successful, although nobody wins in such combats under these circumstances. I, for one, feel disappointment in the first year of this administration, and I hope that something can be done to change what appears to be the course of action. I suspect, for instance, Mr. Dewberry, that you will have on your hands, at the very least, a human rights complaint concerning the department that you've terminated. And I am aware of the rifled files, and that you will have all kinds of data. That doesn't really matter. And I suspect you will also have, at the most, legal action about it. And I understand that BISM is perfectly capable, as it has in the past, of retaining attorneys. I know those things. I suspect also that how we try to resolve problems in the future and whether there can be any resolution will depend on whether you simply react with anger to the situation that has occurred, or whether you make a sincere effort now to reassess and try to recognize some responsibility toward dealing with the consumer organizations in the state and try to make a new beginning. That's the way ·I feel about it, and I've spoken very candidly to you and the group because in this instance nothing is to be gained by double-talk.
Madam president, I think that's where we are. [Applause].
(Editor's note: When Mr. Dewberry was asked if he wished to comment on Dr. Jernigan's remarks, he said no. He also refused to answer the majority of questions that the audience asked him. Those few that he did answer were answered in an evasive manner. He also had no response to resolution 87-01 and 87-02 when asked to respond to them.)
WHITE CANE LAW NEEDS STRENGTHENING,
BLIND FEDERATION CLAIMS
by Elvis C. Jones
(Reprinted from the CUMBERLAND TIMES/NEWS, October 29, 1987.)
"Half of all traffic fatalities in urban areas and 20 percent nationwide are pedestrians, but it is the least discussed cause of traffic deaths and injuries." Thus begins a resolution adopted at the recent convention of the National Federation of the Blind of Maryland, held at the Comfort Inn, Frostburg.
The resolution, one of several dealing with traffic safety, was instigated as a result of a tragic accident in Montgomery County last year which claimed the lives of a blind couple. The couple was attempting to cross a highway with a guide dog. Almost across the six-lane highway, a car slowed to let them pass. However, another driver, seeing the slowing vehicle and not knowing why it was slowing, pulled into the righthand lane and struck the couple as they emerged beyond the first car.
Because the driver was not legally intoxicated and there was no evidence that he was exceeding the 35 mph posted speed limit, and because the couple was not crossing in a designated crosswalk, the driver was cited only for negligent driving and paid a $40 fine without having to appear in court.
The case spurred blind people and their sighted allies to examine the state's "White Cane Law" which spells out the protections of blind Marylanders. According to the section of the law which governs the protection of blind pedestrians, they are protected only when carrying the distinctive white cane or accompanied by a guide dog, and only when crossing at a crosswalk or at an intersection where there is no crosswalk.
One problem with the law, according to Federation spokespersons, is that blind people have difficulty identifying the presence or absence of crosswalks since most of them are painted on the roadway.
Another problem with the law is that it does not address crossing a country road where the nearest crosswalk or unmarked intersection may be miles away.
Asked to attend the convention to address these issues were Robert Hamilton, Allegany County's State's Attorney; Captain William Turnbull, State Police trooper; and Bernard Crooke, chief of police, Montgomery County. The three agreed that as the Maryland law is currently written, the Montgomery County accident could not have been handled any other way. They also agreed that the law should be examined and changed if necessary to increase the safety of blind pedestrians.
Among the ideas which were discussed was to include
questions about the White Cane Law on the examinations for drivers' licenses to insure that motorists are aware of protections provided for blind pedestrians. It was also suggested that police officers be trained and tested on these topics. Several resolutions were adopted by the National Federation of the Blind of Maryland concerning the issue.
WINNERS OF THE JOHN T. McCRAW SCHOLARSHIPS FOR 1987
Each year, at the convention banquet, the National Federation of the Blind of Maryland awards three scholarships to outstanding Maryland blind students. These scholarships are named to honor the memory of a great Maryland Federation leader, John T. Mccraw, who was a moving force in the early days of the National Federation of the Blind of Maryland. The recipients of the 1987 scholarships:
Robert Bradford (Upperco, Maryland), a freshman at Princeton University who plans to major in economics, was awarded the $500scholarship.
Paul Schafer (Towson, Maryland), a junior majoring in philosophy at Randolph Macon College in Virginia, was awarded the
$700 scholarship.
Tina Cummings (Frostburg, Maryland), was awarded the $1,000 scholarship. The following description of Tina appeared in the Cumberland News/Times of October 29, 1987.
Tina Cummings, 29, the daughter of Mr. and Mrs. James Cummings Sr., Braddock Road, Frostburg, was selected in the statewide competition on the basis of her academic record. The
$1,000 scholarship will help pay expenses at the University of Maryland, where she is an accounting major. She plans to become a certified public accountant.
According to Cummings, she is not currently proficient in Braille or in "cane travel," but plans to learn. Both skills are promoted by the National Federation of the Blind as ways to help blind people become more independent and better able to compete in school and in the working world.
VENDORS REFUSE TO PAY SET-ASIDE.
JOINT LEGISLATIVE COMMITTEE HOLDS OVERSIGHT HEARINGS
by Sharon Maneki
In the Federation, we only do battle with the agencies if we must. Action was clearly necessary against DVR because DVR failed to comply with federal Randolph-Sheppard regulations and continued to stall on implementing state rules and regulations for the blind vendors program in Maryland. The vendors have been patient and cooperative for 10 years waiting for DVR to fulfill its responsibilities.
At the State convention, we adopted a resolution stating that vendors should pay set-aside at the last legally approved rate which was 0%. The resolution also calls on the Maryland State Department of Education, which has jurisdiction over DVR, to implement the state rules and regulations. Resolutions represent more than nice words or ideas. They are policy statements that require action. Vendors did their part, and are continuing to do their part, by paying set-aside at the last legally approved rate. I, as President, sent the resolution to numerous appropriate state officials. The joint Administrative Executive and Legislative Review (AELR) Committee responded to our resolution and request for assistance by holding an oversight hearing on Wednesday, November 4.
The AELR Committee asked for an explanation of DVR's behavior. DVR had flimsy excuses, but they also came with a schedule for implementing the regulations. The legislators applauded the vendor's decision not to pay set-aside because no contract exists since DVR did not implement the regulations. It is quite clear that we have a schedule for implementing the regulations today only because of the set-aside action and the oversight hearing.
The following letter from Al Carter, President of the National Federation of the Blind of Maryland Merchants Division, to all of the blind vendors, and the following testimony of Don Morris, Chairman of the Maryland Blind Vendors Committee, to the AELR committee, outline the problems in the program and strategies to correct these problems. You can be sure that the NFB of Maryland and the AELR Committee see if they keep their latest promises.
A LETTER FROM AL CARTER
October 7, 1987
Dear Fellow Vendors,
In my last letter I told you of the upcoming state convention of the National Federation of the Blind of Maryland. It is over now and for those of you who missed it, you missed one of the best times and of the most informative conventions ever held in Maryland.
We had 19 vendors there who certainly seemed to enjoy themselves. The only way I can think of that the convention could have been any better, would had been if you had been there too. We missed you.
Two matters of business conducted at this convention were of prime importance to all of us. I would like to share these with you. A motion was made and passed to pay Set-Aside at the last legal rate approved by the Commissioner of Rehabilitation Services Administration. The last approved rate was established in the early 1950's. Since the amendments to the Randolph Sheppard Act of 1974 made that rate illegal because it was based on gross sales, not net, it is the opinion of us there as well as Dr. Jernigan and President Marc Maurer, that we should pay at the rate of O %.
Vendors have been timid to take any action against the Division of Vocational Rehabilitation because of the uncertainty of our legal position and the inexperience we have in these matters. We no longer need fear the outcome because the National Office has sensed our timidity and offered to assist us in the fight, if it comes to that.
I wonder about our sanity if we fail to take this help when it is offered. We now have the support to force the implementation of the Rules and Regulations without any further delay.
Dr Jernigan and President Maurer have assured us that we have the financial and legal support of the NFB to help guard our rights under the law in the event of a fight.
Allow me to point out that this is only a temporary action. As soon as there is a new rate of Set-Aside approved by the Commissioner of RSA we will most likely have to resume payment of Set-Aside at the new approved rate. That means that the Rules and Regulations must be adopted and DVR must be redesigned as a licensing agency for the Vending Program of Maryland.
The question most asked by vendors regarding this action, "Since we agreed to pay the 12% last month, can we change our minds?" May I point out when we changed our minds to pay 12% instead of 7.5% no one was concerned about it except for those vendors who didn't want to pay 12%.
Enclosed please find a modified report form that has language to indicate your intentions to comply with the Randolph Sheppard Act and pay 0% Set-Aside. Feel free to copy and use it if you wish to join us in doing as the law requires.
At least two vendors have been hit with requiring the payment of a "Tangible Property Tax." Here we go again! When Dr. Jernigan and President Maurer heard the facts regarding "Tangible Property Tax" they were outraged with the rest of us. This tax levied against us is just like the City of Baltimore charging this tax against every state employee in the city for his/her desk, typewriters, and every other piece of equipment used in doing their job. Don't forget that DVR insists that the equipment and inventory belongs to DVR/State of Maryland.
If this tax is allowed to go unchecked there will be others to follow that will affect all of us and not just the Baltimore City vendors.
If you receive one of these tax notices, get in touch with me immediately so we can get the National Office involved in your defense. DO NOT PAY THE TAX.
The very people we trust to stay on top of these tax problems are the very people telling us that we must pay the tax instead of fighting it like they should. The first notice of this tax was forwarded to Blind Industries and Services of Maryland about two years ago and nothing was done to prevent your having to pay it. DVR, BISM, and the State's Attorney General's Office have all met on this matter and say we must pay it. The Maryland Committee of Blind Vendors found out about this tax problem just a few days ago when one of the vendors paying it, informed the Committee of it. I don't believe for one minute you could call that "active participation" when the Committee was never informed of such meetings. I think the Committee should consider filing a grievance over this decision and the way it was made.
The other business conducted at the convention was a resolution adopted requiring DVR to implement the Rules and Regulations. We all have been frustrated by the piece-meal way in which some of the Rules and Regulations have been implemented not to mention how long it has taken. It is high time that we have a full set of Rules and Regulations that not only spell out what we vendors have to abide by, but what DVR has to abide by also.
Since DVR and BISM do not provide me with financial records of vendors regarding who is paying Set-Aside and who is not, please let me know if you're going to join us in this action. If you have any questions please call me at work 760-9670, home 268- 0384 or contact a local Federationist. You may also wish to contact the National Federation of the Blind at 659-9314. Jim Gashel, the Director of Governmental Affairs for the NFB, is knowledgeable about vending matters and can help if there are problems.
TESTIMONY OF DON MORRIS: AELR COMMITTEE
Mr. Chairman and members of the Committee, thank you for permitting me the opportunity to express my views and those of my constituents, licensed Blind Vendors in Maryland, with regard to the failure of the State of Maryland to comply with Federal Law.
Each of us operate small businesses under the Randolph Sheppard Vending Program for the Blind. Each of us is licensed by the Maryland Division of Vocational Rehabilitation (DVR). Each of us is being denied certain rights and benefits as a result of the failure of DVR to achieve compliance with requirements of the Randolph-Sheppard Act (R/S Act). Under the R/S Act, Public Law 74-732 (amended 83-565 and PL 93-516), every state participating in the R/S program is required to perform certain minimal tasks. Among these obligations incumbent on the State is a requirement to develop and adopt Rules and Regulations which are to govern the State's Blind Vending Program.
Although these Rules and Regulations have been a requirement by which the State has been bound since 1974, today, in 1987, DVR is still not in compliance with the R/S Act. In the early days of the problem, Blind Vendors might have been part of the problem because we did not press the State to meet its requirements. However, since early 1984, that case has changed. We have pressed DVR hard, we have worked diligently to do our part and we have been more cooperative than good judgment would dictate. It is my opinion that high level officials of DVR and their Assistant Attorney General, Mr. Jim Raggio, have not acted in good faith in the development and expeditious adoption of the Rules and Regulations needed by our Program.
This testimony is presented in three sections. The first explains the problem and some of its history. The second explains the result of the problem. The third explains what we have attempted in order to solve the problem and the current status.
THE PROBLEM
The Federal R/S Act provides for a priority for Blind Vendors to operate enterprise activities on Federal Property if such an activity is desired by the Federal Agency.
The R/S Act permits these operations on non-federal property, but does not require them.
The R/S Act requires that any State Agency wishing to conduct a R/S program must be designated by the Commissioner of the Federal Rehabilitation Services Administration as a State Licensing Agency (SLA). In Maryland DVR functions as an SLA though they have not achieved redesignation by the Commissioner to do so.
The R/S Act requires that Blind Vendors in each participating state be represented by a Committee of Blind Vendors elected from among those licensed blind vendors in the state. The Committee is to represent the interests of Blind Vendors, and to "Actively Participate," in the development of program policy.
A significant element of the requirements of the R/S Act is that the State's Vending Program must have formally adopted Rules and Regulations which govern not only the conduct of the Blind Vendors but which govern the conduct of the SLA as well. Although hundreds upon hundreds of hours have been spent by the Committee of Blind Vendors in meetings with DVR to write acceptable rules, DVR has not taken the necessary steps to adopt them.
THE RESULT OF THE PROBLEM
Since the Vending Program for the Blind has no effective rules to govern its program, Blind Vendors are in a state of "limbo" as to our rights as well as our responsibilities. Similarly, DVR picks and chooses those elements of the "to be adopted" rules which they wish to abide by.
This very morning I attended a hearing on a grievance filed by a Blind Vendor against DVR. The hearing officer was the very person against whom the grievance had been filed. It is difficult to achieve justice when the accused is also the judge and the jury.
During this period of chaos, Blind Vendors have lost more than $750,000 in fringe benefits. Over the past 3 years, state support of the program has been cut from more than $300,000 annually to a mere $5,000. (Note: As a result of very hard bargaining with DVR, they have transferred unused funds from other programs so that their contribution now totals $81,491. This compares to $621,642 which is contributed by Blind Vendors.)
Blind Vendors who operate their business on federal property and compete with vending machines on that property are granted a portion of that machine income as part of their income. If DVR does not comply with the law, this source will be lost to blind vendors. Worse yet, if DVR does not comply with the law, blind vendors will lose our right to even operate our businesses.
While it is true that WELFARE will act as a "safety net" for us if the program fails, it is not what is needed, nor is it what we want. We want the opportunity to continue to earn and pay taxes just like other citizens in our great state.
WHAT VENDORS HAVE TRIED
In 1984, Blind Vendors not only insisted that Maryland DVR comply with the R/S Act, but with the assistance of the National Federation of the Blind (NFB), we presented DVR with a set of Rules and Regulations for their consideration.
It was agreed by all parties that the Vendor/NFB draft would be negotiated, item by item by DVR and their agent Blind Industries and Services of Maryland (BISM) and the Maryland Committee of Blind Vendors. Where the parties could agree, it would be noted and where agreement could not be reached, it was agreed that Richard Batterton representing DVR, Ralph Sanders (then President of BISM) representing BISM and me, representing the Blind Vendors would meet and come to terms on those issues of disagreement only. That is, where agreement had been reached in the earlier sessions, they would not be reopened. As I stated, this protocol was adopted by all parties. There was considerable give and take on all sides. Though no party got everything it wanted, a document was drawn which all agreed they could live with.
On October 25, 1984, the lengthy work was completed. Gene Spurrier, Chief of Services for the Blind, representing DVR, Pat Hall, Assistant to the President of BISM, representing BISM and I, representing Blind Vendors signed the initial documents which had been so arduously worked through.
As of January 17, 1986, Dick Batterton was still not willing to meet on the small handful of unresolved issues, as had been agreed. He instead sent the document to Jim Raggio, Assistant Attorney General, assigned to either DVR or the Department of Education. While the process had not been free of difficulties prior to this time, things really ground to a halt once Raggio took possession. His assignment was to review the document for legal sufficiency only. It appears that he felt compelled to offer his editorial views as well.
When Raggio was finally through for his first go-round, items previously agreed to were now in question. Not just the language, but their intent as well. Contrary to the previously established policy of procedure, the Committee of Blind Vendors was required to meet with Mr. Spurrier and BISM representatives before Mr. Batterton would agree to resolve the remaining issues.
A letter of complaint to David Hornbeck ultimately brought Mr. Batterton' s agreement to meet. Again, issues previously agreed to were once more brought into question. Delay upon delay followed. As well as memory serves, more than 50 meetings were held in order to get these rules completed.
Finally, in June of 1987, though no agreements were signed, DVR agreed that the rules were complete. They were sent to Raggio who is either overworked, or under-qualified for the task
since it was DVR's standard answer when asked about the status of the rules, "they are still on Raggio's desk. No, we don't have any idea when they will be ready."
I contacted officials of the Federal Rehabilitation Services Administration on October 28, 1987 in an attempt to learn the status of the rules. They had no knowledge of anything more than I did. They were quite interested to know that nothing appeared to be moving. Whether by cause or coincidence, I received a phone call from Gene Spurrier two days later to tell me that Mr. Raggio had suddenly completed his work. Mr. Spurrier tells me that once again DVR wants to meet with the Committee of Blind Vendors to discuss changes proposed by Raggio.
We are of course willing to attend and participate in these meetings scheduled for November 10 and 11. However, we are greatly concerned that this will lead to more delaying tactics by DVR, not to mention the fear that Raggio has taken it upon himself to dramatically alter our work once more.
THE SOLUTION
We are here today seeking your support, seeking resolution of these long overdue Rules and Regulations, and seeking compliance by DVR with the Randolph-Sheppard Act.
Can you press DVR and the Maryland State Department of Education to cause them to quit the foot dragging and resistance to adopting these vitally needed documents?
Can you tell us how Blind Vendors can protect themselves from reprisal for having challenged DVR to honor the law?
Can you tell us what more we as Blind Vendors can do to protect our program and out livelihood from death by lack of concern?
I very much appreciate your attention and concern. If I may provide you with any further information, please do not hesitate to inquire. Thank you.
THE STYLUS AND THE WORD
by Paul Flynn
When President Sharon Maneki asked me to write an article on the importance of Braille to me in my work as a student and a teacher, I felt both pleased and a bit uneasy. Braille has played a vital part in my life for almost forty years. In recent years, especially since I have been paying close attention to what is being done and said by the Federation about Braille, I have become fully aware that the value and importance of Braille is a very hotly disputed issue. The following confession may sound strange to more active and articulate members of the Federation. I have seldom had a word to say about Braille, except to my wife Joan. I have never, until this very occasion, written either a blessed or a cursed word about the subject. My silence seems strange, even to me, because I feel strongly about Braille, and have a number of distinct opinions concerning the significance of Braille in the life of a blind person.
Many of you are quite discerning passionate advocates of Braille. In undertaking this essay, I felt somewhat like Shamash Wailin, the Irish politician. Shamash was visiting relatives in Boston about thirty years ago, and on the now notorious occasion, was a guest at a Moose hall Christmas banquet. When the unwary host asked Wailin to speak to the gathering on the "Irish question," Shamash graciously allowed how he might be able to oblige them with a word or two. Two hours later, it took three strong men, seven fingers of Irish whiskey, and a crowbar to separate old Shamash from the microphone. That must be my cautionary tale, for I also have many things to say, too, about Braille. But I must remember the wrath of the Boston moose and the fell power of that Iron shilleloagh to render me wordless- and be finite.
I think it fair to say that novels, short stories, literary essays, much history and biography, nearly all philosophic works, and most technical writings are written to be read by the people who want or need what such writings have to give them. Such written matter was not written to be heard from the mouth of a reader or from the speaker of a disk or cassette player. It seems all but self-evident to me that the excellent and complex written word was put on paper on the assumption that the pages would be read, silently, by the reader who wanted or needed to receive those words.
Now I don't want those quite sententious and rigid pronouncements of mine to stand without several reasonable qualifications. For instance, it is at times, and given the right reader, enjoyable to listen to someone read aloud from Twain, Kipling, Frost, Keats, or Shakespeare. Most good literary writing, both prose and poetry, strongly appeal to the physical ear, as they also appeal far more deeply to the inner ear, and finally, to the soundless imagination. It seems highly unlikely to me that even the most passionately committed advocate of reading it in Braille would object in fact or in principle to being read to sometimes. And yet, I don't think that competent Braille readers would want or do want everything or even most things read to them.
The competent reader of print, the person who reads for pleasure, information, enlightenment, or because his work
requires him to read, does not ;even in his nightmares see himself being read to on most or many occasions. The reader of Braille requires the same freedom and access to the written word. And like the sighted reader, he wants and needs to read the pages for and to himself.
One reason, among others, that I much prefer reading a literary work to myself in Braille to having someone read it to me is that readers sharply diminish my freedom. The reader, whether present or a recorded voice, imposes his way of reading on me. But as I read the story or poem in Braille, the pace and tone and interpretations are mine, and only mine. When I have the writing under my hands, I have the absolute freedom to pause and reflect or muse, to savor a turn of phrase, to move back and forth in the text for a reason or on a whim. I have in a word, the full freedom of a sophisticated and sighted adult reader. My Braille text is, in fact, the print text.
It is virtually impossible for me to overstate how highly I cherish and value the opportunity Braille gives me to encounter and fully experience the thing for myself. I have, of course, in various readings and studies as a student and teacher had to rely, very frequently, on readers, both live and recorded. So very little of what I wanted or had to read was available in Braille that I am certain I could not have made it through college or graduate school, or later, succeeded as an English teacher, without those many readers and tapes. But I always tried to get the reading in Braille, and whenever I was able to do so, I was a better and more confident student and teacher. I am afraid these assertions are less than revelations to the knowing Braille readers among you. On the contrary, for you, my words must read like a belaboring self-evident truth. But perhaps some of my words may reach someone who can use them, such as a bright totally blind college junior in Virginia who can neither read nor write Braille.
Another great value in having it in Braille is the opportunity the form gives its reader to closely examine the various features of our marvelous English language. When, for instance, I read George Orwell's superb autobiographical "Such Were the Joys," I was able to really appreciate not only the content, what he has to say in that essay, but examined, very minutely examined, how Orwell manages to say it. In other words, as I read his essay, at my own pace, I note how he uses adjectives, how he composes his sentences, how he forms his paragraphs. This curiosity may strike some as excessive. But you may agree that a blind reader ought to have the opportunity to go to that excess. Yet another benefit that, fully there only to the Braille reader, is the chance to carefully note the correct and skillful use of punctuation and grammar. A college friend and I used to amuse ourselves by correcting one another's use of words. He would tell me how to spell them; I would tell him how to pronounce those hard words. This is the explanation: he was a great reader of books and so was I, but he read the books in print, but I read nearly everyone I read on records. What I have said about reading it in Braille probably comes down to this:
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Most of the best things ever written were written to be read, not to be heard.
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The best writers are the best teachers of writing. Therefore, one must be able to read for oneself if one is to gain everything that the best writers have to give.
I can still clearly recall a graduate course I took twenty years ago on Shakespeare's late romantic comedies. I had to write several essays for Dr. Green, our teacher. I decided to do a paper on II The Tempest.11 My thesis was Prince Prospero's pervasive and very radical pessimism concerning the human condition. Some of his pessimism is beautifully blatant in his big set speeches. I was more interested in Prospero's dark philosophy in a number of his short exchanges with a number of characters throughout the play. I have elaborated here so that you will better understand what follows concerning the role of Braille in achieving my purpose.
I had the play in Braille. And really, that was all I needed for that project. Of course, I also had my ability to write Braille, that is, to take notes, to copy passages from various sections of the play for later use in my paper. In addition, I used an excellent recorded performance of "The Tempest" which I borrowed from the Central Pratt Library, which was also quite useful.
My account of this project may be too long, but it is remarkably brief compared to the many hours required to achieve that paper. Dr. Green's grade told me that the work was well done. I haven't mentioned this last item simply to show off. The only moral I want to draw from this incident is that I could not have done it, either poorly or well, without having the play in Braille or my ability to write Braille. I find it very difficult to even imagine myself attempting that paper with only the recordings or a reader.
There have been many years during my twenty-five years of teaching English in high school classrooms when I had the book in Braille on my desk and my twenty-six or thirty-three students had the same text open on their desks. I always know what is on the Boards because it is always dictated by me, and I have the same in my Braille notes. But there have been other occasions, even entire academic years, when I didn't somehow manage to get the print materials Brailled and had to make do with extensive notes from tapes. I haven't the least doubt that those Braille bookless classes and teaching units would have gone far more smoothly, and my teaching would have been notably more effective if I had all of the books in Braille. Perhaps a blind person can teach English without Braille books and the ability to write Braille, but I doubt it.
I agree that the dog guide and white cane mean physical freedom and independence for the blind. The cane is an excellent way to reach the classroom, library, or a teacher's desk. But the cane, unlike a magic wand, can't turn you into a successful blind student, teacher, or independent reader. The only promising means to those ends is the ability to read and write Braille.
NFB OF MARYLAND PARENTS DIVISION SHOWS HOW COLLECTIVE ACTION MAKES THE DIFFERENCE
Blind children attending school in the Baltimore City district have a better chance to learn the basic skills because parents saw to it by taking collective action in the Parents Division of the National Federation of the Blind of Maryland. The following letter from Mrs. Barbara Cheadle to Mrs. Sharon Zervitz, vision teacher, explains the details.
September 21, 1987
Dear Mrs. Zervitz,
There have been many times in our relationship, both in my capacity as a representative of the National Federation of the Blind of Maryland Parents of Blind Children Division, and as a mother of a blind son who received services from your department, when we have not agreed on issues relating to the education of blind children. However, we have always respected each other (at least, I have felt respect for you and I believe it has been mutual).
It is now with respect and pleasure that I "give credit where credit is due" for your implementation of two programs- the transitional classroom for blind and visually impaired elementary students and the upcoming Braille class for parents and teachers--in response to the needs expressed to you over the past year or so.
The Braille class is the most positive action I have seen any school district take in response to the issues the NFB of Maryland has been raising for the past two years about Braille literacy in our state. The class will be a real boost to Braille literacy among our blind students. Much more needs to be done, of course, but you are to be commended for taking the first step.
When parents came to the NFB last spring and asked us to work with them in approaching the school district about setting up a transitional classroom for blind and visually impaired elementary students, I honestly did not expect the school district to act so swiftly. I very recently acted as an advocate for a parent who just moved here from another state with her newly-blinded daughter. The transitional classroom seems to be the perfect placement for this little girl. I believe her chances of getting a good educational start have been tremendously improved because this option now exists. Again, you are to be commended for your actions in getting this class established.
Sincerely,
Mrs. Barbara Cheadle
MARYLAND IS EXCITED!
by John Eby
(Reprinted from The Associate Raiser, September-November, 1987, quarterly publication of the National Federation of the Blind.)
"Number two just won't do!" is the cry being heard throughout Maryland these days. What's all the excitement about? Why, the Associates Contest, of course! The new contest has started and with Dr. Jernigan and Mr. Maurer already showing the way Maryland is ... (uh, gulp--what's this?) ... number two. But not for long. We were number two last year and our goal for this contest is the top--that's right--number uno! So, Missouri, Illinois, California, Alabama, and all the rest, we of the "Old Line State" say, "come get us, if you can."
The recipe for success is simple and the ingredients are free (maybe I should say priceless). Get excited and be willing. Set goals. We already have the purpose. Make up a list, then go get 'em.
So, there you have it. Maryland has set its sights and will meet the challenge. We wish all well in the coming contest year. Wouldn't it be nice if we met our goals and did not make the top ten?
SPECS
Maryland students who enter the national Braille Readers are Leaders contest can win an extra bonus prize. To encourage Maryland students to read Braille, the National Federation of the Blind of Maryland will award a $25 gift certificate to a Maryland student. The gift certificate will be for games or aids and appliances sold by the National Federation of the Blind. If ten or more Maryland students enter the contest, there will be a second and third bonus prize. So enter the contest today.
Congratulations to Christa McKenzie on the birth of her son, Andrew Joseph. Andrew was born on August 8. His grandmother Carleen reports that all are doing well.
Approximately twenty Marylanders attended the annual NAC protest in Fort Lauderdale, Florida. We left on Wednesday, evening, November 11, as scheduled, even though a surprise twelve inches of snow fell during the day. Nothing will keep us from protesting a NAC meeting.
Personal computers for the blind and visually impaired. Are you confused by the number of venders who claim that their speech, braille, and large print microcomputer products are the only ones that meet the needs of blind and visually impaired persons? Would you like professional advice from someone who knows the strengths and weaknesses of these products and can help you make appropriate choices? Call Joe Roeder or Randy Knapp for the kind of service, sales support, and training you deserve. PC Partners, Inc., 111 A Osborne Avenue, Baltimore, MD 21228, (301)744-3724.
Aids Unlimited, Inc. Alternative Independence Devices and Services. A Maryland Corporation owned, managed, and staffed almost exclusively by persons with disabilities, the vast majority of whom are blind. Doing business throughout the United States and overseas, with field representatives in 36 states and Puerto Rico. Quality products for persons with special needs concerning vision, hearing, reaching, grasping, standing, walking, and bending. International distribution of mail order catalogs listing approximately 300 products including: cassettes, cassette recorders and accessories, radio/cassette recorders and accessories, batteries and power supply accessories, kitchen gadgets and cookware, braille writing materials, telephones and accessories, personal care products, household products, security products, talking products, children's toys, radios, games, and more .... much more! National Headquarters 1101 N. Calvert St., Ste. 405, Baltimore, MD 21202, Voice/TTY (301)659-0232.
The officers and members of the Board of Directors extend Season's Greetings and best wishes for a happy and prosperous 1988 to all members and friends of the National Federation of the Blind of Maryland. May the new year be filled with success and accomplishment.
RESOLUTIONS ADOPTED BY THE 1987 CONVENTION
RESOLUTION 87-01
WHEREAS, Blind persons who are deprived of adequate rehabilitation and training are also denied the opportunity to become productive citizens and taxpayers; and
WHEREAS, Blind Industries and Services of Maryland (BISM) was established to provide training and employment opportunities for blind persons in Maryland; and
WHEREAS, under the current administration, both rehabilitation training, and job placement services have been eliminated--thus, the term "Services" should be dropped from BISM's title, because no services are provided; and
WHEREAS, neither the Maryland Rehabilitation Center nor the Maryland School for the Blind, or any other entity in Maryland provide adequate rehabilitation training--thus nullifying the argument that BISM's training program was a costly duplication of service; and
WHEREAS, the Maryland General Assembly and the Governor of our state have already determined that BISM has a responsibility to provide training and rehabilitation services to the blind and has shown their determination by providing over one million dollars per year in state funds so that BISM can give services to the blind of Maryland; and
WHEREAS, without approval of the General Assembly or the Governor, and without any notice to or consultation with the blind of our state, Frederick Dewberry, (president of BISM) and the BISM Board of Trustees have terminated BISM's training program even though the appropriated funds from the state were paid to BISM with the expectation that the blind would be served throughout the current fiscal year; and
WHEREAS, in the absence of a training program for the blind of Maryland, Frederick Dewberry has apparently commenced a private interagency review of BISM's role in training, deliberately excluding the blind users of this service and only including so-called professional experts in blindness from various state agencies involved; and
WHEREAS, the National Federation of the Blind of Maryland, possessing the highest level of expertise in rehabilitation, has not been invited to participate in this review:
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this third day of October, 1987, in the City of Frostburg, Maryland, that this organization condemns the current BISM administration's callous lack of concern for the welfare of blind persons, as demonstrated by the elimination of the training division; and
BE IT FURTHER RESOLVED that this organization urges BISM to restore the training division to its previous level of operation while the review is conducted; and
BE IT FURTHER RESOLVED that this organization calls on both president Dewberry and the Board of Trustees to work in partnership with the true experts in rehabilitation--the blind consumers of the National Federation of the Blind of Maryland.
RESOLUTION 87-02
WHEREAS, eighty-three blind Marylanders are employed as production workers at Blind Industries and Services of Maryland; and
WHEREAS, the preponderance of goods manufactured by Blind Industries and Services of Maryland is sold to the federal government in accordance with provisions of the Javitts-Wagner O'Day Act; and
_ WHEREAS, the General Services Administration (GSA) is the primary purchasing agent for items on the Javitts-Wagner-O'Day procurement list; and -
WHEREAS, in the past, GSA ordered staple items, for example, glued paper pads, in a consistent, predictable manner, enabling the management of Blind Industries and Services of Maryland to enter into favorable contractual arrangements with suppliers and to provide steady employment for blind production workers; and
WHEREAS, the management of Blind Industries and Services of Maryland has not exercised the skills necessary to deal with recent erratic ordering by GSA, resulting in avoidable lay-offs of blind workers; and
WHEREAS, blind production workers are taxpaying, productive citizens who earn their way and do not wish to be forced to rely on the social safety net due to Blind Industries and Services of Maryland's poor management and marketing practices:
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this third day of October, 1987, in the City of Frostburg, Maryland; that this organization calls upon the management of Blind Industries and Services of Maryland to establish the management-by-objectives concept, whereby a minimum of at least two years past procurement be analyzed, ascertaining daily average production output and trends in level of products purchased; this information shared with production workers will result in steady work, eliminating whip-sawing of employees, and contribute to improved efficiency and morale; and
BE IT FURTHER RESOLVED that this organization calls upon the General Accounting Office, the investigating arm of Congress, to undertake a study of the procurement process between GSA, NIB, and sheltered workshops leading toward recommendations to improve the work flow and marketing of their products.
RESOLUTION 87-03
WHEREAS, a Department of Transportation representative has stated that fifty percent of motor vehicle fatalities in urban areas and twenty percent of such fatalities nationwide are pedestrian; and
WHEREAS, the pedestrian accident is one of the least discussed causes of death and injury in the United States; and
WHEREAS, Jacobus ten Broek, the founder of the National Federation of the Blind, in his book, "The Right to Live in the World: the Disabled and the Law of Torts", clearly stated the principle that every person, regardless of disability, has the right to expect equal access to the streets, sidewalks, conveyances, facilities and accommodations to the same extent and under conditions applicable and alike to all persons; and
WHEREAS, over the years, the National Federation of the Blind of Maryland has sought the incorporation of this principle into law through the adoption of the model White Cane Law and amendments; and
WHEREAS, each day thousands of blind Marylanders confidently Join the throngs of pedestrians who make their way from point A to point B through parking lots, along roads having no sidewalks, across roads and streets having no crosswalks or traffic signals within a reasonable distance, and crossing intersections where significant numbers of motor vehicles can be expected to cross their paths in an incautious or dangerous manner; and
WHEREAS, the methods which blind people use in safely dealing with these hazards are not always well understood by the driving public and law enforcement officials:
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization urges that the Maryland Chiefs-of-Police Association and the Maryland State's Attorneys Association, work with the National Federation of the Blind of Maryland through education, demonstration, and legislation to improve the awareness of everyone's responsibilities and capabilities; and
BE IT FURTHER RESOLVED that the National Federation of the Blind of Maryland work with these organizations to make the streets and roadways safer for all pedestrians, blind and sighted.
RESOLUTION 87-04
WHEREAS, Many myths and misconceptions exist about the abilities of blind persons to travel independently and safely; and
WHEREAS, these myths and misconceptions are held by both blind and sighted persons; and
WHEREAS, one such misconception is that audible traffic signals are helpful to blind persons, but in reality, such signals create safety hazards worse than those they are meant to alleviate, because
(1) the sound of the signal may block out the sound of traffic approaching the intersection, which may be dangerous if this traffic runs against the signal;
(2) persons using audible signals may become dependent on them and therefore become less capable of crossing intersections with non-audible signals alone when necessary; and
(3) audible traffic signals foster the false notion that blind persons require costly modifications to the environment in order to participate in our society; and
WHEREAS, at the request of misguided blind individuals, the Maryland State Highway Administration approved funds for the installation of an audible traffic signal at the intersection of Main and Water Streets in Frostburg; and
WHEREAS, the National Federation of the Blind of Maryland is the largest organization of blind consumers in Maryland, and represents the mainstream of progressive thinking on blindness:
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization opposes the further installation of audible traffic signals; and
BE IT FURTHER RESOLVED that this organization strongly recommends that the Maryland State Highway Administration deny all future requests for funding the installation of audible traffic signals.
RESOLUTION 87-05
WHEREAS, the Maryland vending program for the blind affords 86 blind Marylanders opportunities for rewarding and remunerative employment as small business managers on state, municipal, and county properties, and;
WHEREAS, the vending program is the best public relationswe, the blind have, since it provides us with daily opportunities to prove to members of the general public that we are normal, competent people; and
WHEREAS, the blind of Maryland have long had an interest in strengthening and clarifying sections of Annotated Code of Maryland that give blind vendors priority to operate all vending facilities on state, county, and municipal properties, and that assign part of the profits generated by vending machines on the state, county, and municipal properties to blind vendors, or to the blind vendors' program in cases where no vendor is on the property; and
WHEREAS, it has come to our attention that vending operations exist in three Baltimore subway stations and vending operations may be established in other stations, yet the blind are not benefiting in any way from these operations; and
WHEREAS, blind vendors have raised serious concerns about set-aside and other issues: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization shall take all necessary steps to strengthen the vending program in Maryland including working with the Governor and General Assembly to improve the law where possible and to enact new legislation where necessary to insure a clear priority for blind vendors on al1 state, county, and municipal properties in Maryland.
RESOLUTION 87-06
WHEREAS, given proper training in the alternative techniques of Braille, daily living skills, and cane travel, blind persons of any age can become independent and lead productive lives; and
WHEREAS, blind senior citizens in Maryland rarely have the opportunity to receive such training; and
WHEREAS, the Maryland Division of Vocational Rehabilitation fails to provide training to blind senior citizens, using the lame excuses of no funds and no career goals:
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization urges the Maryland Division of Vocational Rehabilitation to extend its services to the senior blind, by offering quality training in the alternative techniques of blindness.
RESOLUTION 87-07
WHEREAS, Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, religion, sex, national origin, and age; and
WHEREAS, this enlightened and meritorious statute is seriously flawed because it does not apply to the blind and disabled; and
WHEREAS, the blind suffer severely as a result of pervasive employment discrimination based on blindness--72% of the blind of working age are either unemployed or chronically underemployed despite the fact that blind persons are successfully employed in every arena of endeavor, including the arts, the sciences, the learned professions, business, industry, agriculture, and government services; and
WHEREAS, Sections 503 and 504 of the 1973 Rehabilitation Act failed to cover a large number of private employers, and because we the people, through our elected representatives need to make a commitment to the principle of equal access to opportunity in employment of
the blind and disabled: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization reaffirm, as a vital part of the modern civil rights movement, our long standing commitment to work with the members of Congress to fulfill the promise of the 1964 Civil Rights Act by expanding Title VII to include the blind and disabled.
RESOLUTION 87-08
WHEREAS, The white cane has long been a symbol of pride and independence for the blind; and
WHEREAS, in recognition of this fact, Maryland's chief civil rights law for the blind is known as the "Maryland White Cane Law"; and
WHEREAS, House Joint Resolution Number Five, passed by the Maryl and General Assembly in 1986, created a task force to recommend strategies for strengthening the White Cane Law; and
WHEREAS, rather than addressing this essential purpose, a few members of the task force are attempting to remove the symbol of our independence by the changing the name of the law; and
WHEREAS, by removing references to the white cane, the name of the law, is not only a frivolous squandering of time and resources of the task force, but also demonstrates ignorance and
disrespect of the history and tradition of the Civil movement of the blind: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization calls upon the Governor's Task Force to cease tampering with the name of the White Cane Law and to get on with the business of helping to strengthen it.
RESOLUTION 87-09
WHEREAS, Section 21-511 of the Transportation Article of the Annotated Code of Maryland states that drivers must yield the right-of-way to blind pedestrians using canes or dogs in regulated or unregulated street crossings; and
WHEREAS, Section 33 (E) of the Maryland White Cane Law reinforces these provisions; and
WHEREAS, the reference to “crossings”unnecessarily restricts coverage and denies protection to blind pedestrians who inadvertently step outside the crosswalk; and
WHEREAS, as a result of this language, blind pedestrians who are struck by automobiles find that law enforcement officials do not enforce the White Cane Law or Section 21-511; and
WHEREAS, even in rare instances where the law is enforced, the lack of provision for recovery of damages leaves injured blind pedestrians with little hope of compensation for their injuries: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization calls upon the Maryland General Assembly to amend Section 21-511 and Section 33 (E) to eliminate ambiguity and safeguard the rights of blind pedestrians.
RESOLUTION 87-10
WHEREAS, Maryland is Maryland; and
Article 30, the primary Section 33, of the Annotated Code of Civil Rights Law for the blind of
WHEREAS, Governor Schaefer has appointed a task force to study the White Cane Law and to recommend changes to strengthen its provisions; and
WHEREAS, if this law is to realize its potential, enforcement and penalty provisions must be strengthened specifically:
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The law should be amended expressly to permit private suits by or on behalf of blind persons protected by this law;
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The law should be amended to permit damage awards for the amount of actual damages up to $5,000.00 per offense for punitive damages;
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The law should be amended to include specific statutory authority for awarding attorney's fees to individuals with valid claims brought under the White Cane Law;
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The law should be amended so that all employers, regardless of their funding source, are covered by its non discrimination provisions;
Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization calls upon the task force to recommend, and the legislature to adopt provisions guaranteeing private right of action, payment of attorney's fees, coverage of private employers, and damage awards to victims of discrimination.
RESOLUTION 87-11
WHEREAS, blind vendors in Maryland should be entitled to all of the rights and legal protections of the Randolph-Sheppard Act; and
WHEREAS, in ten years, since the promulgation of Federal regulations to implement the Randolph-Sheppard Act, the Maryland State Division of Vocational Rehabilitation has still failed to approve and issue the required state regulations, causing serious doubt as to whether Maryland has a legal program under the Randolph-Sheppard Act; and
WHEREAS, the Division of Vocational Rehabilitation still requires each blind vendor to pay a set-aside charge, even though the charge is not legally approved as required by the Randolph Sheppard Act; and
WHEREAS, the rights of blind vendors in Maryland can only be secured if the Division of Vocational Rehabilitation fully complies with the Federal Randolph-Sheppard requirements, including having advance Federal approval for any set-aside charges or any changes therein: Now, therefore, BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City of Frostburg, Maryland, that this organization shall petition the Maryland State Board of Education to approve state regulations for the blind vending program and to apply for their Federal approval.
RESOLUTION 87-12
WHEREAS, Access to the written word is an indispensable ingredient in the exercise of freedom and full participation in society for the blind as well as the sighted; and
WHEREAS, sighted people acquire reading material from newsstands, bookstores, public libraries, and pamphlet racks in grocery stores and a host of other sources, but the blind must rely almost exclusively on specialized libraries for their meager supply of recorded or Braille items; and
WHEREAS, less than one percent of the information produced for the sighted in print is made available to the blind in Braille or recorded form; and
WHEREAS, because reading material for the blind is so limited, it is critical that the blind of Maryland not be deprived of any of it through inadequate planning and unimaginative administration and cramped facilities; and
WHEREAS, the Maryland Library for the Blind and Handicapped is housed in a rundown, inadequate building which is too small to meet current needs, much less permit future expansion; and
WHEREAS, because of the efforts of the National Federation of the Blind of Maryland, plans are being made for the acquisition of a new facility to house the Maryland Library for the Blind and Handicapped; and
WHEREAS, the library administration is proposing a building so inadequate that it will only accommodate two-thirds of the books which are available free from the National Library Service of the Library of Congress, and makes no provision whatever for developing or acquiring materials from other sources; and
WHEREAS, at minimum, a good library for the blind should have:
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enough space to house all materials available to it free from the Library of Congress, plus materials which it produces and procures from other sources;
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enough staff to provide individualized reader services
to patrons rather than abandoning blind borrowers to the mercies of a computer which selects books for them;
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a children's librarian to build a juvenile collection and to encourage the growing number of blind children to make full use of the library;
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an aggressive program of volunteer recruitment and training with enough funding to produce locally at least as many books as the National Library Service;
(5) computerized equipment for the rapid production of Braille in response to individual requests;
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recording studios for the production of high-quality talking books and magazines;
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enough staff to support these services, and to permit future expansion; and
WHEREAS, decisions made about the library building within the next year will determine the types and quality of services which blind Marylanders will receive for the next twenty years: Now, therefore,
BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fourth day of October, 1987, in the City or Frostburg, Maryland, that this organization calls upon the Maryland Library for the Blind and Handicapped, the Maryland State Department of Education, and the Maryland Department of State Planning to abandon the philosophy which views the library for the blind as merely a distribution center for materials produced by the Library of Congress and to build a facility and a program which is consistent with good library practice and adequately meets the needs of blind library patrons.