When Equal Access Means Zero Access for All
There is irrational comfort taken in the belief that man-made laws somehow ensure equality for all. More often than not, the exact opposite is true.
https://fee.org/articles/when-equal-access-means-zero-access-for-all/
Berkeley’s free online library was found in violation of the ADA.
Nearly 3,000 miles away from the iconic Sather Gate entrance at UC Berkeley, two employees of Washington D.C.’s Gallaudet University—a school for the deaf— were outraged to learn that Berkeley’s online archives, though extensive in scope, were not accessible to those with hearing impairments.
I
nstead of contacting Berkeley to see if accommodations could be made without resorting to state intervention, the complainants sought help from the Department of Justice (DOJ).
After investigating the claims made by the two Gallaudet employees, the DOJ came to the
conclusion that yes, Berkeley’s free online archive had in fact violated the ADA, particularly Title II, which mandates that all public audio and video content provide accommodations for the deaf and hard of hearing. Among these stipulations is the requirement that all applicable content offer closed captioning, which, regrettably, 543 of Berkeley’s videos were missing.
The DOJ has declined from publicly commenting on the matter, but its letter to Berkeley officials laid out the alleged violations clearly:
“The Department found that of the 543 videos it could identify on the YouTube channel, 75 had manually generated closed captions. Of the remainder, many had automatic captioning generated by YouTube’s speech recognition technology.”
Unfortunately, the government is not a magical entity, it cannot wave a wand and level all playing fields without trespassing on someone else’s freedom along the way., which is precisely what is happening as a result of the complaints filed against UC Berkeley.