[real-eyes] JUSTICE DEPARTMENT REACHES THREE SETTLEMENTS UNDER THE ADA REGARDING THE USE OF ELECTRONIC BOOK READERS

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FOR IMMEDIATE RELEASE                                                           
                                CRT

WEDNESDAY, JANUARY 13, 2010                                                     
          (202) 514-2007

WWW.JUSTICE.GOV<http://WWW.JUSTICE.GOV>                                         
                                   TDD (202) 514-1888

JUSTICE DEPARTMENT REACHES THREE SETTLEMENTS UNDER THE AMERICANS WITH 
DISABILITIES ACT REGARDING THE USE OF ELECTRONIC BOOK READERS

        WASHINGTON -  The Justice Department today announced separate 
agreements under the Americans with Disabilities Act (ADA) with Case Western 
Reserve University in Cleveland, Pace University in New York City  and Reed 
College in Portland, Ore., regarding the use in a classroom setting of the 
electronic book reader, the Kindle DX, a hand-held technological device that 
simulates the experience of reading a book.

        Under the agreements reached today, the universities generally will not 
purchase, recommend or promote use of the Kindle DX, or any other dedicated 
electronic book reader, unless the devices are fully accessible to students who 
are blind and have low vision.  The universities agree that if they use 
dedicated electronic book readers, they will ensure that students with vision 
disabilities are able to access and acquire the same materials and information, 
engage in the same interactions, and enjoy the same services as sighted 
students with substantially equivalent ease of use.  The agreements that the 
Justice Department reached with these universities extend beyond the Kindle DX 
to any dedicated electronic reading device.



        These agreements follow the Jan. 11, 2010 agreement between the Justice 
Department, Arizona State University, the National Federation of the Blind and 
the American Council of the Blind concerning the use of electronic book readers.

        "Advancing technology is systematically changing the way universities 
approach education, but we must be sure that emerging technologies offer 
individuals with disabilities the same opportunities as other students," said 
Assistant Attorney General Thomas E. Perez.  "These agreements underscore the 
importance of full and equal educational opportunities for everyone."

        A handful of universities participated in a pilot project in 
cooperation with Amazon.com<http://Amazon.com> Inc. to test the viability of 
the Kindle DX in a classroom setting.  The terms of the Justice Department's 
agreement with each university become effective at the end of the pilot 
projects.

        The current model of  the Kindle DX has the capability to read texts 
aloud, so that the materials would be accessible to blind individuals, but the 
device does not include a similar text-to-speech function for the menu and 
navigational controls.  Without access to the menus, students who are blind 
have no way to know which book they have selected or how to access the Kindle 
DX Web browser or its other functions.  The technological "know how" to make 
navigational controls or menu selections accessible is available.

        Other universities, such as Syracuse University and the University of 
Wisconsin at Madison, also examined the utility of the Kindle DX as a teaching 
device and decided that they would not use the Kindle DX until it is accessible 
to blind individuals.

        In passing the ADA and the recent ADA Amendments Act, Congress found 
that individuals with disabilities were uniquely disadvantaged in critical 
areas, including education.  It is a core priority of the Civil Rights Division 
to strengthen and expand the educational opportunities for individuals with 
disabilities.

        The ADA prohibits discrimination by public accommodations on the basis 
of disability, including discrimination in private post-secondary institutions. 
 Those interested in finding out more about these agreements or seeking 
information about and how to comply with the ADA can call the Justice 
Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 
(TDD), or access its ADA Web site at http://www.ada.gov .

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