Before the
United States Department of Justice
Washington, D.C.
Notice of Proposed Rulemaking on Title II of the )
Americans with Disabilities Act, 28 C.F.R. Part 35 ) CRT Docket No. 105
)
Nondiscrimination on the Basis of
)
Disability in State and Local Government
) AG Order No. 2967- 2008
Services
)
By electronic filing:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
To Department of Justice
COMMENTS OF THE AMERICAN ASSOCIATION OF THE DEAF-BLIND
INTRODUCTION
American Association of the Deaf-Blind (AADB) submits these comments in response to
the notice of proposed rulemaking released by the U.S. Department of Justice (DOJ) to amend
regulations implementing Title II of the Americans with Disabilities Act (ADA), which prohibits
discrimination on the basis of disability in state and local government services.1 AADB
applauds DOJ for issuing these proposals in an effort to improve access to state and local public
services, activities and programs used by Americans with disabilities.
AADB is a national consumer advocacy organization of, for, and by Americans who are
1
73 Fed. Reg. 34466 (June 17, 2008).
deaf-blind. Its mission is to ensure that deaf-blind people reach their maximum potential through
increased independence, productivity, and integration in the community. AADB advocates for
the deaf-blind community on a variety of issues including but not limited to emergency
preparedness, employment, and technology. AADB actively educates the public and increases
awareness on the needs of deaf-blind Americans through presentations, exhibits, and meetings on
federal and state level. AADB also publishes a free monthly e-newsletter, “AADB Today,” and a
magazine, “The Deaf-Blind American,” that focuses on a hot topic in the national deaf-blind
community.
The words “deaf-blind” entail a diverse group of individuals, including those who are
deaf and have low vision, deaf and have tunnel vision, totally deaf-blind, hard-of-hearing and
have low vision, hard-of-hearing and have tunnel vision, and hard-of-hearing and blind. As a
result, communication among deaf-blind people is diverse: ASL (close up, small signing, or
tactile signing), speech and assistive listening devices, Braille communication devices, and PrintOn-Palm (printing block letters on the deaf-blind person’s palm) and other less common
communication methods. In these comments, AADB focuses on provisions of the Title II rules
that are designed to ensure effective communication by and with people who are deaf-blind.
AADB appreciates the opportunity to submit comments on each of the following sections
of the Title II rules. For each section, the proposed language appears first in bold italic print,
followed by AADB’s comments on that section.
28 C.F.R. § 35.104: Definitions
Qualified Interpreter
Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and
impartially using any necessary specialized vocabulary. Qualified interpreters include, for
example, sign language interpreters, oral interpreters, and cued speech interpreters. Oral
interpreter means an interpreter who has special skill and training to mouth a speaker’s words
silently for individuals who are deaf or hard of hearing. Cued speech interpreter means an
interpreter who functions in the same manner as an oral interpreter except that he or she also
uses a hand code, or cue, to represent each speech sound.
The Department should include deaf-blind interpreters in the above definition as follows:
Deaf-blind interpreter means an interpreter who has specialized skills and training to
effectively interpret for individuals who are deaf-blind. This may be done via tactile or closevision "signing" or oral interpreting close up, or other preferred mode of communication of the
individual who is deaf-blind in order to effectively communicate with another individual who
may be hearing, deaf, hard-of-hearing, or deaf-blind.
Qualified Readers
Qualified reader means a person who is able to read effectively, accurately, and impartially
using any necessary vocabulary.
While this definition is generally good, it lacks the requirement that they be able to
articulate clearly for those who are deaf-blind. There are hard-of-hearing people who have low
vision, tunnel vision, or are blind and depend on clear speech with or without assistive listening
devices. They depend on readers who speak clearly, do not mumble or slur their speech, and
speak in an appropriate, not too fast or slow, pace.
There are also deaf-blind individuals who communicate via tactile signing, and depend
on readers who can convey written information to them in sign language.
As such proposed language is as follows:
Qualified reader means a person who is able to read effectively, accurately, and
impartially using any necessary vocabulary. Qualified readers must be able to speak clearly
without mumbling or slurring, and at an appropriate, not too fast or slow, pace. Qualified readers
include those who have skills to convey written information clearly in sign language.
Service Animals
The term service animal does not include wild animals (including nonhuman primates
born in captivity), reptiles, rabbits, farm animals (including any breed of horse, miniature
horse, pony, pig, or goat), ferrets, amphibians, and rodents.
There are some deaf-blind people who use miniature horses not only as seeing eye guides
but as support for balance problems. For these deaf-blind people, guide dogs are not strong
enough to give them something to hang on to when they stumble, wobble, or lose their balance.
The Department is advised to be flexible and include miniature horses in the list of acceptable
service animals.
Support Service Providers (SSPs) for Individuals Who are Deaf-Blind
The Department should recognize the support service providers (SSPs) as an auxiliary aid
or service that may be provided to ensure equal access for individuals who are deaf-blind.
Inclusion of SSPs as an auxiliary aid or service will inform and instruct covered entities that
individuals who are deaf-blind face unique challenges and that auxiliary aids and services should
be tailored accordingly.
The term “support service provider,” or SSP, was coined in the 1980s during a
conference of the American Association of the Deaf-Blind (AADB). The success of these
conferences had always depended on the work of interpreters and guides to make it possible for
the deaf-blind delegates to access and actively participate in the conference. These conference
SSPs were volunteers. By developing the concept of support service providers, AADB began the
work of defining the duties and responsibilities of SSPs, and ways to give them greater
professional status. This in turn helped make it possible to set up SSP services for people who
deaf-blind to access their community where they live and work.
A support service provider can be any person, volunteer or professional, trained to act as
a link between persons who deaf-blind, and their environment. They typically work with a
single individual, and act as a guide and communication facilitator. They may be hearing, deaf,
or blind.
The SSP serves as the eyes and ears of the person who is deaf-blind. There are two key
components of an SSP’s function. First, the SSP relays visual and environmental information
that may not be heard or seen by the deaf-blind person. This is done in the person’s preferred
language and communication mode. Second, the SSP acts as a human guide while walking or
taking public transportation. The SSP may also make transportation available by driving.
An important aspect of the relationship between the person who is deaf-blind and an SSP
is that the former makes all decisions. The SSP can provide information to the individual to
assist in considering options, but at no point should the SSP make choices and decisions. The
professional SSP strives to be helpful but objective, supportive yet empowering, and sparing in
expressing their personal preferences while providing services.
Without SSPs, people who are deaf-blind are more isolated and unable to go out in their
community, hold jobs, vote, access information, run errands, participate in recreation activities,
take care of health needs, and a myriad of activities essential to healthful, productive living.
As part of focus groups during the 2006 AADB Conference, delegates who are deaf-blind
were asked to describe how they use SSP services. A wide variety of responses were elicited:
shopping, reading mail, attending social, family, sports, theatrical events, camping, workshops,
museum tours, and others.
Interpreters and SSP roles both differ and have numerous similarities. Some of the
precepts they have in common include: remaining impartial, maintaining confidentiality, and
working in a variety of settings. The differences fall into several areas. Interpreters work with
people who are deaf, hard of hearing, and/or deaf-blind. SSPs work solely with people who are
deaf-blind.
Support service providers do not replace the roles of other professionals, including
personal care attendants, teachers, and interpreters.
What SSPs can do:

SSPs can serve as a guide when escorting a person to/from a meeting room, a restroom in
an office building, through a lunch line during a workshop, finding seats in a stadium,
accessing rides in an amusement park, and other settings where its difficult for deaf-blind
people to get around without an SSP.

SSPs should provide visual and environmental information which can take several forms:
describing who is in a room, the activity and mood; reading the menu and voicing/signing
what’s on the menu to the person who is deaf-blind; locating food items in a grocery
store; or connecting with a particular person in a meeting.

SSPs can provide support to individuals who are deaf-blind in their homes, at their place
of employment, in their own community or elsewhere.
What SSPs do not do:

SSPs do not provide personal care, e.g., bathing and grooming.

SSPs do not run errands alone without the person who is deaf-blind.

SSPs do not make decisions for the person who is deaf-blind.

SSPs do not teach or instruct.

SSPs should refrain from formal interpreting in medical, legal, business, or other settings.
An SSP who is also a professional interpreter should be careful to differentiate which role
they are assuming in any particular situation.
Since SSPs help deaf-blind people with access, public entities should provide SSPs for deafblind people who want to access their facilities and services. It is common for deaf-blind people
to bring up to two SSPs so that they can rotate providing access for the deaf-blind person.
In light of the above comments, the Department should include in § 36.104 a definition
for SSPs as follows:
Support service provider (SSP) means an individual who relays visual and environmental
information that may not be heard or seen by an individual who is deaf-blind. The SSP
relays the information in the preferred language and communication mode of the
individual who is deaf-blind. The SSP can ensure physical access by serving as a guide.
In conjunction with this new definition, the list of auxiliary aids and services should be
updated to list SSPs as an example of an auxiliary aid or service.
28 C.F.R. § 36.160(d): Video interpreting services (VIS)
28 C.F.R. § 36.160(d): Video interpreting services (VIS). A public entity that chooses to
provide qualified interpreters via VIS shall ensure that it provides—
(1) High quality, clear, real-time, full-motion video and audio over a dedicated highspeed internet connection;
(2) A clear, sufficiently large, and sharply delineated picture of the interpreter’s head
and the participating individual’s head, arms, hands, and fingers, regardless of his body
position;
(3) Clear transmission of voices; and
(4) Training to nontechnicians so that they may quickly and efficiently set up and
operate the VIS.
As mentioned, individuals who are deaf-blind have a variety of hearing and vision
limitations. Those with tunnel vision are most likely to access Video Remote Interpreting (VRI
– preferable to VIS to avoid confusion); however, that doesn’t mean all deaf-blind people with
tunnel vision can access VRI. Due to vision limitations, it is critical that high contrast
background to the interpreter’s skin color be behind every interpreter and that every interpreter
wear a high contrast, solid color shirt to his/her skin color be mandated of VRI providers. This
will cut down on the unnecessary frustration of being transferred from interpreter to interpreter
until one that is appropriately dressed in high contrast with appropriate background is found.
This will not work in emergency and life-threatening situations where time is of utmost essence
and accessing an appropriately dressed interpreter for a deaf-blind person with tunnel vision is
extremely critical.
VRI does not work for other deaf-blind people, i.e., those with low vision and totally
deaf-blind. Interpreters need to be physically present in order to effectively interpret and
communicate via close up (five feet distance) or tactile (deaf-blind people put their hands on the
interpreters hands to feel handshapes and follow movement of the signs).
As such, qualifying language should be added to ensure that the technical guidance in this
provision is not exclusive. The Department should further clarify that the interpreter’s arms,
hands, and fingers must also be visible, in addition to the interpreter’s head as follows:
28 C.F.R. § 36.160(d): Video remote interpreting services (VRI). A public entity that
chooses to provide qualified interpreters via VRI shall ensure, at a minimum, that it
provides—
(1) High quality, clear, real-time, full-motion video and audio over a dedicated
high-speed internet connection;
(2) A clear, sufficiently large, and sharply delineated picture of the interpreter’s
head, arms, hands, and fingers and the participating individual’s head, arms, hands, and
fingers, regardless of his their body positions;
(3) Clear transmission of voices; and
(4) Interpreters should at all times wear high contrast solid color shirts and have
high contrast background to their skin colors for optimal viewing of their signs by the
customers.
(5) Training to nontechnicians so that they may quickly and efficiently set up and
operate the VRI.
(6) Community interpreters should be arranged immediately when VRI is not
deemed an effective communication for particular situation or customer.
Conclusion
AADB applauds the DOJ for its efforts. Please feel free to contact me if any questions
should arise regarding access for deaf-blind individuals. Thank you for your consideration of
these comments.
Respectfully submitted,
By: Jamie Pope
Executive Director
American Association of the Deaf-Blind
8630 Fenton Street, Suite 121
Silver Spring, MD 20910
(301) 495-4402 TTY/VP, (301) 495-4403 Voice
Jamie-Pope@aadb.org
August 18, 2008