Thread Subject: Re: 1194.23(k)(2)

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From: Gregg Vanderheiden
Date: Sat, Mar 10 2007 10:25 AM

Grin



I was talking about the INTENT of the rule. Not what someone interpreted it
to mean. If we want to use legal interpretations to write our regs then
we have to also allow Braille as a method for deaf people to get access.



We are now writing the revision to the Regulations. When we see things like
"tight twisting of the wrist" like you just pointed out it should remove our
doubts that we should change the way this is worded so that it can't be
misinterpreted.



In that case they should have been talking about "tight grasping".
You don't need to pinch the towel to get it out. You need to grasp and pull
it. A 'pinching' motion can be used to grasp the paper towel but
'pinching' is not required.



How / where did you find this ruling? Is there a collection like this
somewhere? It would be of great value to the group here.



Thanks.


Gregg
-- ------------------------------
Gregg C Vanderheiden Ph.D.






_____


From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Thomas Albin
Sent: Saturday, March 10, 2007 11:06 AM
To: TEITAC desktop/portable (hardware) subcommittee
Subject: Re: [teitac-hardware] 1194.23(k)(2)

I respectully disagree. In a lawsuit filed by the Department of Justice and
then settled by agreement, the following statement appears: "The paper towel
dispenser is inaccessible because the controls require tight twisting of the
wrist or tight pinching to advance the paper." Clearly the Department of
Justice, the Court and the Defendant believe that "tight" modifies twisting
and pinching and grasping. The reference is "SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND WASHINGTON COUNTY, UTAH UNDER THE AMERICANS
WITH DISABILITIES ACT DJ 204-77-63".



Tom Albin



On Mar 10, 2007, at 12:38 AM, Gregg Vanderheiden wrote:





Hi Debbie,



The gripping isn't one of the items.



The three provisions are



Grasping

Pinching

Twisting



"tight can't apply to all three. Tight twisting doesn't make sense.



And pinching doesn't work even if light. It just is outside the ability of

many people with different disabilities.



Only grasping is allowed and only if not tight.





Make sense?





Gregg

-- ------------------------------

Gregg C Vanderheiden Ph.D.







-----Original Message-----

From: = EMAIL ADDRESS REMOVED =

[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of

Debbie Cook

Sent: Friday, March 09, 2007 3:27 PM

To: TEITAC desktop/portable (hardware) subcommittee

Subject: Re: [teitac-hardware] 1194.23(k)(2)



I don't support the proposed change. I believe "tight"

applies to all of the actions. No tight gripping, no tight

grasping etc.

----- Original Message -----

From: "Thomas Albin" < = EMAIL ADDRESS REMOVED = >

To: "TEITAC desktop/portable (hardware) subcommittee"

< = EMAIL ADDRESS REMOVED = >

Sent: Friday, March 09, 2007 1:22 PM

Subject: [teitac-hardware] 1194.23(k)(2)





Sorry to be such a broken record on this, but I still don't

understand whether or not a decision was made regarding the

recommendation to the committee regarding 1194.23(k)(2). It

was originally proposed to leave the language as currently

written in 508, e.g. "...and shall not require tight

grasping, pinching or twisting of the wrist" . I thought

that I heard a decision to re- word this as "...and shall not

require pinching, twisting of the

wrist or tight grasping"? Was a decision made regarding this?

Tom Albin

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