
               THE BLIND CALIFORNIAN


             Quarterly Magazine of the

          CALIFORNIA COUNCIL OF THE BLIND


Fall, 1996                         Volume 40 No. 4


Published in Braille, Cassette, Diskette, and Large Print


           Mitchell Pomerantz, President
                 213-851-5148 Res.


                 EXECUTIVE OFFICE:
             3919 West Magnolia Blvd.
             Burbank, California 91505

                   800-221-6359
                   818-557-6372
                 Fax: 818-557-6539
              CCBNET/BBS 916-568-6359
       GLOBAL BLIND EXCHANGE telnet gbs.org       
   

  SACRAMENTO AREA OFFICE: Cid Urena, 916-371-1514
   1399 Sacramento Avenue SP 25, Bryte, CA 95605

   BAY AREA OFFICE: Cathie Skivers 510-357-1986
       836 Resota Street, Hayward, CA 94545

Please send all address changes to the Executive Office in Burbank.
             Editor: Winifred Downing 
                 1587 38th Avenue
             San Francisco, CA 94122 

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


Call the "CALIFORNIA CONNECTION" at 800-221-6359 for an
update on legislation and CCB events Monday through Friday after
5 p.m. and all day on weekends. At these times it is available also
in Spanish. 

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


Nonmembers are requested and members are invited to pay a
yearly subscription fee of $10 toward the printing of The Blind
Californian. 

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


If you or a friend would like to remember the California Council of
the Blind in your will, you can do so by employing the following
language:

"I give, devise, and bequeath unto the California Council of the
Blind, a nonprofit charitable organization in California, the sum of
$____ (or ____) to be used for its worthy purposes on behalf of
blind persons."

If your wishes are more complex, you may have your attorney
communicate with the Burbank office for other suggested forms.
Thank you.

                   ------------

                 TABLE OF CONTENTS


FROM THE EDITOR, by Winifred Downing. . . . . . .1

PRESIDENT'S UPDATE by Mitch Pomerantz . . . . . .2

AN EXPERIENCE SHARED, by Dr. Martin C. Jones. . .5

CRITERIA FOR CONVENTION SITES, by Mitch Pomerantz7

BULLETIN BOARD, by Ruth Aletta Dean . . . . . . .9

CCB CONVENTION RESOLUTIONS, SPRING, 1996
   by Jeff Thom . . . . . . . . . . . . . . . . 12

LIFE MEMBERSHIPS. . . . . . . . . . . . . . . . 14

TULSA ON MY MIND!, by Barbara Rhodes. . . . . . 15

RESOLUTION FROM THE RANDOLPH-SHEPPARD VENDORS OF
   CALIFORNIA . . . . . . . . . . . . . . . . . 17

LEGISLATION FROM SACRAMENTO, SEPTEMBER, 1996, by Cid 
   Urena. . . . . . . . . . . . . . . . . . . . 18

LUA AND BRL TRY SOMETHING DIFFERENT, by Leslie Thom20

FEDERAL LEGISLATION, by Cathie Skivers. . . . . 21

DESCRIBING LIVE THEATER OPTIONS, by Bernice
   Kanderian and Roger Petersen . . . . . . . . 23

TECHTALK: HOW TO ACCESS A COMPUTER; A BEGINNER'S
   GUIDE, by Kenneth Frasse . . . . . . . . . . 26

COMPUTER IN EYE COULD LET BLIND SEE, by Paul Raeburn30

OUT OF THE DOGHOUSE: OPENING THE DOGGIE DOOR, by Ken
   Metz . . . . . . . . . . . . . . . . . . . . 32

BLIND BOWLERS HAVE AN EAR FOR SPORT, by Pat Murkland34

STATEMENT OF POLICY BY THE ADVISORY COMMITTEE FOR 
   THE BLIND. . . . . . . . . . . . . . . . . . 36

THE STUDENT PERSPECTIVE, by Warren Cushman. . . 38

A LITTLE ADVERTISED TRADE FOR THE BLIND . . . . 39

PROFILE: JEFF THOM, by Brian Hall . . . . . . . 40

RANDOM THOUGHTS, by Domenic Martinelli. . . . . 43

THE RIGHTS OF BLIND VENDORS UNDER THE RANDOLPH-
   SHEPPARD VENDING STAND ACT AND THE ELEVENTH 
   AMENDMENT, by Charles Nabarrete. . . . . . . 54

AROUND THE STATE. . . . . . . . . . . . . . . . 48

                   ------------
                 FROM THE EDITOR 

               by WINIFRED DOWNING 

   When I was a school
child, I always dreaded
summers because there just
never was enough to do. Of
course I pretended to be
delighted as the school year
ended, since admitting my
feelings would have caused me
to be classified as a real nerd. 
   Some of the summers
when my children were little
were also not so pleasant since
our cold, foggy weather in San
Francisco is discouraging to
ordinary summertime activities.
   This past summer,
though--now that I am retired
and can pursue my own
interests--was just great. I
began by attending the ACB
convention in Tulsa--always an
interesting and challenging
experience. Then my whole
family--four children, their
spouses, the twelve
grandchildren, and I--all went
to the camp operated by San
Francisco up near Yosemite.
The living quarters are pretty
basic with central bathroom
facilities, but all the marvelous
food is prepared and served
centrally; there are many
activities to suit all ages and
interests, and the area is one
of the most beautiful in the
world. The oldest of the
children is 13, and there are
three four-year-olds, so you
can guess what fun we had.
All 20 of us were there for the
entire week; and we found
that, through the various
school, work, and recreational
experiences we have all had in
the city, we knew about half
of the 500 people there. 
                              After Camp Mather came
a four-day trip to Ashland,
Oregon, to attend the
Shakespeare festival; and this
year, the plays were, for the
first time, video described. The
summer ended with a brief trip
to Michigan to attend the
wedding of a niece and the
45th wedding anniversary of
my sister and brother-in-law. I
can never again complain
about summer. 
                              You all know by now
about our state-wide donations
drive, and it seems to me that
the Blind Californian should
play a special role. I am,
therefore, suggesting that each
chapter hold a competition
(prizes are up to the chapter
presidents) and furnish me
with the name of the person
who has obtained the largest
number of donations. I shall
publish each chapter name and
the name of the winner in the
Winter issue of the BC, and
our magazine will award $25
to the person who has gotten
the most donations. It's up to
the chapter presidents to send
me the needed information.
   If you send me an article
on computer disk and don't
know what program, or version of a program, I use,
please send the file also in
ASCII. The deadline for the
next BC issue is December 1.
Please don't call on November
30 to tell me your article is
being mailed the next day. If
enough people do that, the
magazine will be much delayed
in reaching you; the Christmas
Season is already a difficult
time for printers and for the
post office.   Best wishes in all
the projects you will take on in
this new season of activity!

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

                PRESIDENT'S UPDATE

                by Mitch Pomerantz

   Hello again to all CCB
members! Is it really October
already? By the time you read
this, it will be.
   Aside from its being hard
for me to believe that--as I
write this--we are rapidly
approaching Labor Day, 1996.
It is also rather sobering to
realize that I have now served
as CCB President for
approximately twenty-months.
This period has been the most
challenging, rewarding and,
occasionally, frustrating of my
life. It is also humbling to
contemplate CCB's sixty-two
plus year history of advocacy
and accomplishment on behalf
of the blind of California and
the nation and to realize that
whether you choose to re-elect
me in November or not, I have
had the opportunity to serve in
the same capacity as some of
this Council's most
outstanding leaders: Newel
Perry, Robert Campbell,
George Fogarty, Perry
Sundquist and Anthony
Mannino. Even now, it is
sometimes difficult for me to
fully grasp this honor. For this
opportunity--regardless of what
happens in November--my
sincere and heart-felt "thank
you".
   As previously indicated,
the California Council of the
Blind is beginning to diversify
our sources of funding. David
Parker, CCB's Treasurer, is
pursuing an automatic
donation program with a
financial institution in his area.
We are now accepting
donations of unwanted
vehicles for resale through a
company in Northern California
with the potential for
significant profit to us. At this
writing, I have spoken with
three individuals--again in
Northern California--who
appear interested in setting up
one or more thrift stores. I am
considering establishing a
"900" number to provide
information to the public about
blindness and the CCB. This
also holds the potential for
generating additional revenue.
In short, we are seeking a
number of different baskets in
which to place the Council's
eggs.
   By the time you read this,
I will have attended a number
of local chapter functions
around the State. This is
always an interesting and
enlightening experience
because I get to meet CCB
members who can't or don't
come to either of our
conventions. It is gratifying to
talk with these people and to
find out what they are thinking
and feeling about various
issues. 
                              For example, at the
Silvergate Chapter luncheon in
July, I spoke to someone who
alerted me to a problem with
the local DR office in San
Diego. Subsequently, I was
able to bring this information
to the attention of the Director,
Brenda Premo, who
(presumably) has looked into
this matter and taken steps to
resolve it satisfactorily. 
                              Beyond these in-visits, I
received calls from literally
scores of individuals--both
members and non-members--
with problems, advice, and/or
sometimes both. Since no one
person in this organization can
hope to be an expert on every
blindness-related issue, many
of these calls are referred to
those of you with particular
expertise. Without exception,
when I have referred such calls
to a Council member, you have
done your best to be of help.
That is the essence of why the
California Council of the Blind
exists: to serve, support and
assist each other as blind and
visually impaired people. May
it ever be so! 
   I want to conclude by
mentioning our upcoming
convention in San Diego,
November 21-24, at the
Mission Valley Hilton. Our
theme for this convention is:
"Growth and Strength Through
Education and Advocacy."  I
sincerely believe that the
Council is growing and
becoming stronger, thanks to
our educational and advocacy
activities throughout the State.
Such activities are a direct
result of your efforts and your
commitment, not just mine or
the Board of Directors'. This is
how it should be! 
   Despite our financial
difficulties, we shall celebrate
CCB's growth and strength
with an extremely diverse and
entertaining program agenda.
One or two details are still
pending; however, you will have the opportunity on Friday
afternoon of hearing from the
new Superintendent of the
California School for the Blind
and the ADA Coordinator for
the County of San Diego. 
                              On Saturday afternoon,
both the visually impaired
spokesperson for Airtouch
Cellular, and a blind parachute
jumper and sports writer will
present their fascinating
stories. Our banquet speaker
Saturday evening, will be Scott
Marshall, the Director of
Governmental Affairs for the
American Foundation for the
Blind. There will be a wine and
cheese party, a "beer bash",
and a talent show. It should be
an outstanding convention so
please make plans to be in San
Diego the weekend before
Thanksgiving.
                              Here's hoping you had an
enjoyable and busy (or
relaxing) summer, depending
upon your temperament. I am
looking forward to seeing as
many of you as possible in
November. Until then, take
care.
                   ------------
               AN EXPERIENCE SHARED

                by Dr. Martin Jones

   (Martin C. Jones is
president of the Golden Gate
Chapter, CCB, in San
Francisco.)
   I would like to share an
experience I had with our
entire Council, especially with
persons who might be in a
situation similar to mine. When
one has an opportunity to hear
from someone who has exper-
ienced something himself, it
enlightens and broadens the
horizon and gives information
about what may lie ahead. 
   I originally wrote this
article in Room 855 Long, the
Market Hospital at the
University of California medical
facility. A few days before I
had begun to have a number of
problems. Anyone with limited
vision who notices it getting
murky and soupy knows
immediately that something is
wrong. I promptly made an
appointment with the clinic
and described what I was
experiencing--no dizziness, no
nausea, but extremely murky
vision. Right away I went in to
have my pressure taken; it was
60. (Perfect interocular
pressure is 13 mm. Hg and an
average for adults is 16 to 18
mm. Hg). I leaned back in the
chair as the Doctor told me
that I needed surgery
immediately--surgery which
was performed in the clinic.
Afterward I was given
medication to last over the
weekend, when I had to return
for further surgery. 
                              Several options were
explained to me, using laser
and other procedures. I went
home to wait until Monday. I
walked into the waiting room
and down the lonely hall to the
anaesthesia area. As we were
about to go through the final
stages before surgery, I was
informed that because of
emergencies involving the
operating room for which I had
been scheduled, my surgery
would be postponed until
Tuesday. What a shocker!
What a numbing feeling!
Nevertheless, I went back on
Tuesday and the surgery was
performed. I had thought that,
since I was going to have the
kind of anesthetic that
wouldn't put me to sleep, I
could stay up all night
Monday. Then I would be very
sleepy on Tuesday and sleep
through the entire procedure.
You see, I had a plan in mind,
but my doctor informed me
that he preferred his patients
to be awake so he could see
that he or she was doing all
right. I got prepped, had the IV
put in and was rolled into the
operating room and hoped for
a long spring nap. 
   Did I sleep? No. Was I
awake? Yes. Did the medical
staff talk to me through the
whole procedure? Yes. But,
what is important is that I
gained knowledge about my
situation. It is vitally necessary
that the patient know what he
should take, what works and
what doesn't work. It is
necessary that we talk with
each other to learn who are
the outstanding ophthalmolo-
gists in the field in the areas
where we live.  
   I had to go in daily for
four weeks to have my pres-
sure taken, and was on bed
rest all that time. Now, four
months later, my pressure is
down to 10 and with massage,
to 8 or 9, and I am feeling very
well. What we must remember
is that, though the doctors
treat the physical condition,
our God is the healer, so we
should have faith and leave all
of those healing processes to a
higher power.
                              Focusing for a moment on
my hospital stay, I think we
should consider some of the
arrangements that would make
hospital experience easier for
blind and visually impaired
patients. Forms that we are
required to sign should be
made available in braille and
large print. Also, we find
telephones, televisions and
even the daily paper is made
available, but no radio can be
discovered. We should start by
asking for donations of radios
to eye wards. 99% of us
appreciate radios. Also we
should ask for one of the
devices from Broadcast
Services for the Blind which, in
the bay area, presents material
of local interest from daily
newspapers and outstanding
magazines. You should make
recommendations on this point
appropriate for your area. 
                              I want to thank all my
fellow members of the CCB
and others in the community
who sent cards and made tele-
phone calls to wish me well. I
pledge to continue working
with all of you for a long time
to reduce the percentages of
our community who are unem-
ployed and underemployed--
many at the end of the line for
employment. We must focus our efforts on work and
legislation seeking that end. 
                   ------------

           CRITERIA FOR CONVENTION SITES

                by Mitch Pomerantz

   CCB members interested
in suggesting sites for future
conventions need to keep the
following points in mind:
   1. Is the area around the
hotel generally safe especially
during the daytime e.g.
Security?
   2. Is there an open atrium
in the hotel which would
present difficulty in negotiating
other parts of the hotel?
   3. Do elevators have
braille and large print signage
inside and on the door jam on
each floor?
   4. Are all hotel
restaurants accessible to
wheelchair users?
   5. Does the hotel provide
an adequate number of restau-
rant menus, and guest service
directories in braille? The
Council has a company that
does their brailling and most
hotels will pay for this service.
   6. Does the hotel provide
maps of their facility in braille
and large print? 
                              7. Are there objects that
protrude out of the walls at
body level (e.g. planters, fire
extinguishers) which cannot be
moved?
                              8. Are there any head
high obstructions in walking
areas that cannot be detected
by a cane?
                              9. Are restroom doors
labeled in braille and large print
with raised letters at the
proper height?
                              10. Are restrooms on the
meeting room level wheelchair
accessible?
                              11. Is there a relief area
for guide dogs?
                              12. Can the relief area be
easily accessed?
                              13. Do public and guest
room phones have amplifica-
tion for the hearing impaired?
                              14. Is there some
semblance of consistency in
the location of meeting rooms
if they are not all on the same
level?
                              15. Are meeting room
names labeled in braille, large
print or raised letters?
   16. Are meeting rooms
wheelchair accessible?
   17. Does the hotel have
wheelchair accessible guest
rooms and how many?
   18. Are numbers for guest
rooms beside the doors on the
latch side (ADA requirement
for new and renovated hotels)?
   19. Are numbers on guest
room doors in braille? Are they
raised or indented for
identification?
   20. Are guest room keys
crafted or marked in a way for
easy usage?
   21. Is the hotel phone
message system in guest
rooms accessible?
   22. Are vending and ice
machines marked with braille
instructions?
   23. Are the hotel exits
marked in braille?
   24. Is the pool/gym
marked in braille and raised
characters?
   25. Does the hotel pro-
vide signature guides for blind
persons to use at the
registration desk and hotel
restaurants?
   26. Is the hotel willing to have staff attend a training
session on blindness prior to
the conference?
                              27. Are there restaurants
and entertainment spots within
walking distance of the hotel?
                              28. Does the hotel
provide airport transportation
to and from the hotel, and if
so, is it wheelchair accessible? 
                              29. Are there restaurant
choices of different price
ranges within the hotel? e.g.
quick lunches.
                              30. Does the hotel exhibit
room have an adequate
number of electrical outlets for
approximately ten to fifteen
exhibits? If not, does the hotel
use an outside AV Company
and is there a charge? 
                              31. Do the breakout
rooms require separate
speakers and mixers? If so,
again, is this done through an
independent AV company?
                              32. Does the hotel have a
piano for the Sunday morning
religious services?
                              33. Prices on meal
functions must be reasonable
or we will be priced out and
many of our members will go
elsewhere to eat. Fast food
bars and 24-hour room service
is desirable.
                   ------------

                  BULLETIN BOARD

                by Ruth Aletta Dean

   From Modern Maturity,
July-August, 1996: Voice-
operated Telephonic Yellow
Pages offers virtually all
business information available
in the Yellow Pages to people
who have trouble reading the
phone book. The free service,
based in California, provides
numbers and information on
businesses anywhere in the
US, and is available 24 hours
seven days a week. It gives
directions how to get to an
establishment. 800-935-5672.
   From the Matilda Ziegler
Magazine, June, 1996:
Relationships Newsletter.
"Pipeline" is an interactive
listen-to-and-return cassette
newsletter, produced by
Janiece Betker. The newsletter
explores human relationships,
and readers help to resolve
each other's issues. To order,
send name, address and
optional phone number in any
format to Janiece Betker, 1886
29th Avenue, NW, New
Brighton, MN, 55112; 
612-631-2909. 
   Computer Baseball Ver-
sion 10 World Series Baseball
Game and Information System
is available from Harry
Hollingsworth, 692 S.
Sheraton Drive, Akron, OH
44319; 330-644-2421.
Version 10 comes with 155
teams and 10 information
programs, and is available for
IBM compatible computers
with screenreaders and
synthesizers. New users send
$15. An update is $5. 
                              New Newsletter. A free
three-month subscription to a
newsletter containing
information on nutrition,
environmentally safe cleaners
and safe personal care
products may be obtained in
braille, print or on cassette.
Contact Julie Piper, 1301 C.
Avenue, Vinton, IA
52349-1560.
                              From the Matilda Ziegler
Magazine, July, 1996: The
Voicespondence Club is a
national cassette
correspondence club for both
blind and sighted. The
directory of members comes in
large print, braille, and
cassette. Dues are $5 a year.
Contact Gail Selfridge, 2373 S.
York Street Denver, CO
80210, in braille, type, tape or
diskette. 
   From the Matilda Ziegler
Magazine, August 1996: The
Used equipment Clearing
House is a free service that
"matches" someone who
wants to buy equipment with
someone who wants to sell
that same item. Contact
Barbara Mattson in print,
braille, tape or 3.5 or 5.25-inch
IBM ASCII diskette at: 519 E.
Main Street, #8, Spartanburg,
SC 29302; 864-585-7323.
   From Dialog, Spring,
1996: Jumbo Braille Books.
The Beach Cities Braille Guild,
Inc., has been producing
selected reading materials in
jumbo braille, including free
copies of the Grade One
Instruction Book, WORLD AT
MY FINGERTIPS, and the
Krebs book BRAILLE IN BRIEF.
For further information contact
Norma Schecter, 8432
Northport Drive Huntington
Beach, CA 92646; 
714-536-9666. 
   Seedlings Braille Books for
Children has a new 1996
catalog of books for children
ages one to 14. More than 230
low-cost braille books are
listed including 32 new titles.
Contact Seedlings Braille Books
for Children, PO. Box 2395,
Livonia, MI 
48151-0395; 800-777-8552. 
The Bumpy Gazette is a new
newsletter which discusses all
aspects of tactile graphics.
Send questions, ideas and
suggestions to the Bumpy
Gazette, c/o Repro-Tronics,
Inc. 75 Carver Avenue,
Westwood, NJ 07675; 
201-722-1880; 
800-948-8453. 
                              Recorded Periodicals has
added new 4-track recordings
of popular print magazines,
including Organic Gardening
and Civil War Times,
Illustrated. For a complete
large print or recorded list of
their publications, contact
Recorded Periodicals,
Associated Services for the
Blind, 919 Walnut Street,
Philadelphia, PA 19107; 
215-627-0600, Ext. 3208. 
                              DREDF operates a hotline
that provides information on
Title II (State and Local
Governments) and Title III
(Public Accommodations) of
the Americans with Disabilities
Act. Call 800-466-4232
between 9:00 AM and 5:00
PM Pacific time.
                              The new address for
Arkenstone is: 555 Oakmead
Parkway, Sunnyvale, CA
94086; 408-245-5900; 
800-444-4443; 
408-328-8484, FAX. 
   The new address for GW
Micro is: 725 Ariport N. Office
Park, Fort Wayne, IN 46825;
219-489-3671; 
FAX 219-489-2608; 
BBS 219-489-5281. 
   From Dots for Braille
Literacy, fall, 1995: The
Computerized Braille tutor is an
interactive software tutorial
which was designed primarily
as a learning tool for use by
sighted individuals who want
to refresh their literary code
braille skills. It was not
intended for learning braille by
blind individuals as it does not
involve tactile materials, nor
was it intended to replace a
well-trained teacher of braille.
   The program consists of
fifteen sequenced modules
each containing a) a
description of several braille
rules with examples, b) a
variety of practice exercises,
and c) a self-evaluation
proficiency test. The software
is designed for use in MS DOS
computers (IBM compatible)
with hard drive capabilities
only, and is available in 3.5
diskettes. 
   The tutorial was
developed by the Research and
Development Institute with
federal funding, and is public
domain software. It is available
from the Association for
Education and Rehabilitation
for the Blind and Visually
Impaired for $5. Contact AER
206 N. Washington Street,
Alexandria, VA 22314; 
703-548-1884.
                              From Dots for Braille
Literacy, Summer, 1996: A
new series of braille short
stories for children and adults
selected from Agudath Israel,
Artscroll, Chabad, Feldheim,
Hebrew Publishing, Torah
Umesorah, etc. is available free
of charge. For an updated list,
contact Jewish Heritage for
the Blind, 1655 E. 24th Street,
Brooklyn NY 11229.
                              The Iffin group of
Asheville, North Carolina, a
graphic design studio, has
produced a specialized line of
greeting cards called Andrew
designed to enrich
communication between
sighted and visually impaired
persons. The brightly colored
cards have a raised outline of
the drawing on the front of the
cards and the inside verse is
both printed and in braille. The
artwork for the front of the
cards was drawn by Mickey
Cabe, a young artist who is
blind. Andrew cards sell for
$12.00 for a package of six,
plus shipping and handling. For
more information contact the
Iffin Group, P.O. Box 2817,
Asheville, NC 28814; toll free 
888-884-3346j--888-88iffin.
  From AER News, June,
1996: Recording for the Blind
and Dyslexic (RFB&D) has
introduced a new membership
program that responds to the
need for accessible textbooks
by schools serving students
with disabilities. The program
offers two types of registra-
tion: (1) institutional membmership for all
educational institutions (K-12
and higher education, public
and private) carrying annual
fees of $300, $425, or $800
(depending on the number of
RFD&D textbooks used); and
(2) individual membership for a
one-time $50 application plus
an annual membership fee of
$25 for students or adult
borrowers. For additional
information contact RFB&D's
Customer Service Department:
800-221-4792. 

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

     CCB CONVENTION RESOLUTIONS, SPRING, 1996

                   by Jeff Thom

   Note: all resolutions were
passed by the convention,
except for Resolution 96-A9,
which concerned reforms to
the Social Security Disability
system. This resolution was
referred to the CCB
Resolutions Committee for
further action.
   96-A1 urges the U.S.
Bureau of the Census to com-
pile information on blindness in
the census for the year 2000;
and if this proves not to be
feasible, it directs the CCB to
explore the possibility of
having agencies serving the
blind compile this data.
                              96-A2 requests the State
Fire Marshal to convene a task
force of interested parties in
order to address various issues
relating to accessibility by the
blind and visually impaired to
emergency evacuation informa-
tion for hotels, motels, and
office buildings. 
                              96-A3 condemns efforts
to delay cost-of-living
adjustments under the State
Supplementary Security Pro-
gram (SSP) or to eliminate SSP
increases due in November,
1996, and directs the CCB to
take any actions necessary to
oppose such efforts.
   96-A4 urges the Superin-
tendent of Public Instruction to
prohibit the purchase of audio-
visual materials which are not
audio described and to phase
in the incorporation of audio
description into current audio-
visual materials.
   96-A5 directs the CCB to
educate the blind and visually
impaired about their rights to
accessibility to information, to
inform businesses and govern-
ment entities of their legal
obligations in this area, to
encourage individuals to report
problems concerning accessi-
bility to information to the
CCB, and to assist individuals
in rectifying such problems.
   96-A6 expresses our
opposition to expansion of the
means test for rehabilitation
services and requests the
Director of the Department of
Rehabilitation to cease all
efforts to expand the means
test.
   96-A7 expresses the
CCB's opposition to the recent
trend toward splitting the case
loads of Rehabilitation Coun-
selors for the Blind (RCB's) and
directs the organization to take
such action as is necessary to
stop the recent trend of split-
ting up rehabilitation coun-
selors for the blind caseloads.
                              96-A8 urges the
leadership of the California
Transcribers and Educators of
the Visually Handicapped to
select accessible conference
sites and to respect the rights
of its blind members and
guests by meeting all of their
accessibility needs.
                              96-A10 directs the CCB
to assist its affiliates to have a
stronger voice in, and greater
impact on, local and state
public transit agencies and
programs, to join with other
agencies fighting to save
public transit, to ensure that
the concerns of the blind and
visually handicapped are
addressed, and to support
legislation aimed at increasing
revenues for public transit.
                              96-A11 expresses the
CCB's opposition to the
California Civil Rights Initiative,
urges its members to vote
against this proposition, and
directs the president of the
CCB to take such steps as are
necessary to defeat this
proposition.
                              96-A12 urges cities and
counties to establish a special
local fund into which would be
deposited $50 from each fine
collected for handicapped
parking space violations. This
money would be used toward
altering public facilities to
make them accessible to the
disabled, including making
capital improvements which
could be of benefit to the blind
and visually impaired.
   96-A13 thanks Blockbust-
er Video for its pilot project
under which audio described
films are rented, encourages
expansion of the project
throughout the country, and
urges all other video outlets to
make audio described films
available.
   96-A14 expresses the
CCB's sincere appreciation for the outstanding efforts and
courteous service rendered by
the hotel management and
staff.
                              96-A15 reminds the State
Department of Education of
Superintendent Eastin's
commitment to the CCB and
the CSB alumni regarding their
representation on the final oral
review panel for the selection
of the Superintendent of the
California School for the Blind.
                              96-A16 urges Congress to
approve the highest possible
funding level for public transit
operating costs for fiscal year
1997.
                              96-A17 expresses the
CCB's sincere appreciation for
the outstanding efforts of the
convention volunteers.

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

                 LIFE MEMBERSHIPS

   Here are the names of
those who have become life
members of the California
Council of the Blind since
publication of the spring issue
of the BC. Life memberships
cost $200 and may be paid for
over five years in $40 installments over five years.
They are an excellent way to
assist CCB during its present
financial problems. 
                              Carol Blake 
                              Diana Colburn
                              Jack Cheslow 
                              Winifred Downing 
                   ------------

                 TULSA ON MY MIND!

                 by Barbara Rhodes

   When I arrived in Tulsa, it
was HOT, humid and sultry;
but the people were warm,
outgoing and friendly. I came
in from San Jose on June 29th
to attend the ACB (American
Council of the Blind) National
Convention (June 29-July 6).
This was the first time I
attended the entire ACB
Convention and I wished I
could clone myself so I could
attend all the meetings,
workshops, tours, special
events, etc.; but I had to make
choices and was kept busy
from early morning until late at
night.
   ACB President Paul
Edwards opened the
Convention at the first General
Session at 8:00 p.m. Sunday
evening. He reviewed his first
year in office and shared what
he envisions for the future (see
the Braille Forum, July/August
1996 for the full text of his
speech). He also alerted ACB
members and all persons who
are blind and visually impaired
to be vigilant to protect
existing services and
programs. 
   At this session was a
presentation of awards and the
roll call of affiliates and
confirmation of official
delegates; and, not surpris-
ingly, the California contingent
was one of the largest groups
in attendance. 
                              Toward the end of the
week, there were elections to
the ACB Board of Directors
and to the Board of Publica-
tions. Prior to the elections
there were caucuses and a
Candidates Forum. Incumbents
Sue Ammeter, Ardis Bazyn,
and Christopher Gray were
returned to their Board
positions and John Buckley
and Dawn Christensen were
elected to the Board of
Directors. Kim Charlson, Mitch
Pomerantz and Tom Mitchell
were returned as members of
the Board of Publications.
                              I had the pleasure of
attending the reception for the
students who received ACB
scholarships. My congratula-
tions to John Buckley,
Chairman of the Scholarship
Committee, and to its
members for the great job they
did in selecting recipients.
When the winners were
presented at the General
Session, they reconfirmed my
impression of them and gave
me great hope for the future.
   Richard Raphael, an
award winner who is a
teacher, gave an uplifting
acceptance address. It was
encouraging to hear how,
when he was about to leave
his teaching position because
of deteriorating vision, his
principal encouraged him to
continue in his job, suggesting
accommodations that could be
made. HIS IS THE WAY IT
SHOULD WORK! 
   On Monday morning Jill
Ferris spoke about her job as a
Talking Book narrator giving us
an overview of what is
involved. She told us about
how she used an "alias" when
she read a book that contained
"language and actions" she
was uncomfortable with. She
is a delightful narrator and
speaker. 
   Other presentations that
morning were an update on the
National Library Services and
an excellent panel discussion
entitled "How and Where
Should Blind Children Be
Educated?" I heard loud and
clear that instruction should be
tailored for the individual's
needs. Schools for the blind
should be an option, as well as
main-streaming and the use of
resource rooms. All children
should be educated to fully
participate in life
independently. 
                              Arguments were
advanced and a vote taken
concerning the site of the
1998 ACB Convention; and
Orlando, Florida, was chosen.
The 1997 convention will be in
Houston July 5-12, at the
Adam's Mark Hotel. 
                              The exhibit hall was 
huge--very open and spread
out. It included a broad array
of information, services,
equipment, and vendors hawk-
ing their wares. I came away
with lots of knowledge, a full
supply of goodies, booklets
and pamphlets containing
valuable information, a new
graphite-lite folding cane, and
some gifts for the home folks. I
wished I could spend more
time there, but there were just
too many other things to
partake in! 
                              There were also
presentations on signage,
access to the environment,
audio description, mobility
aids, legislation, campaigns to
"get out the vote",
computers/technology, aging
and Blindness etc., etc. 
   Entertainment was also
very enjoyable. Musical
presentations were given
before each general session,
and Entertainment also broke
out in the hospitality suite. FIA
(Friends In Art) had a fine
program at the "Showcase" on
Tuesday evening; the talent
was indeed impressive!
   The banquet was
wonderful. The food was
above average for such
occasions, the barbershop
quartet was great and the
banquet address by Dr. James
Boren tickled our funny bones with his political
humor. I will be watching the
Senate race in Oklahoma to
see if he is really running for
office. 
                              I was proud and honored
to be alternate delegate for
CCB. I came away from the
Convention with a lot of
information that I will share
with others and a firm
commitment to work with
ACB, CCB, and SVCB to
maintain and improve Services
and access for all persons who
are blind and visually impaired.
                   ------------

               RESOLUTION FROM THE 
      RANDOLPH-SHEPPARD VENDORS OF CALIFORNIA

   WHEREAS, the California
Council of the Blind has
demonstrated tremendous
support for vendors, and,
when necessary, has taken
action on issues that would
have impacted negatively the
vendor community, as when
CCB members were ready to
assemble at a moment's notice
and travel to Boulder City,
Nevada, to demonstrate
against legislation that would
have allowed the Department
of the Interior an exemption
from complying with the
Randolph-Sheppard Act; and
                              WHEREAS, Mitch
Pomerantz, President of the
California Council of the Blind,
designated an ad hoc 
committee to work solely on
identifying vendor issues and
concerns and suggesting how
they might be resolved; and 
                              WHEREAS, Cid Urena,
CCB Capitol Representative,
was the first to notify the
Randolph-Sheppard Vendors of
California and the California
Vendors Policy Committee of
AB3016, a bill that ultimately
would have destroyed the
Vendors Retirement Program,
and Cid was also the catalyst
in uniting the different blind
organizations of California in
the fight against the adoption
of this bill, leading to its being
withdrawn:
   NOW, THEREFORE, BE IT
RESOLVED, that on this date, April 21, 1996, at the
California Council of the Blind
Spring Convention, the
Randolph-Sheppard Vendors of
California thank the California
Council of the Blind and
commend its members for their
efforts and show of support on
these and other vendor issues
that have been brought to the
attention of the organization. 
                   ------------

   LEGISLATION FROM SACRAMENTO, SEPTEMBER, 1996

                   by Cid Urena

   I should like to begin by
describing the difficulties I
encounter in being your
legislative representative. The
first problem is today's
legislature. Our state
legislators have become very
bi-partisan. This simply means
that those people who support
tax cuts will, for the most part,
vote against any bill that
requires money. On the other
hand, those who support
legislation for the poor
generally will oppose all tax
cuts. This leaves our legislative
bodies in an extremely
polarized condition, and very
few legislators are willing to
compromise. This is very
unfortunate for those of us
who wish to improve our lives
through legislation, particularly
with bills which require
funding. 
                              The second obstacle is
that I am not receiving
information in a timely manner
subsequent to CCB
conventions. As a result,
important legislation may not
be introduced by the deadline.
I mention this second obstacle
only because it takes time to
find the proper author for each
bill. The reason for that is that,
by the time we meet with
potential authors, they have
already filled their quota of bills
(60 per two-year session).
   Now to legislation: First,
CCB bill AB3197, by
Assemblyman John
Vasconcellos, (the Orientation
Center Trust Fund bill) passed
all committees. In the last
committee, an amendment was
added as recommended by
Senate Appropriations. The bill
passed the senate floor and
was referred to the assembly
floor; but, since the legislators
were playing games, it was
delayed. I am happy to tell you
that it passed on the very last
day of the session and is now
on the governor's desk. (For
further amplification of
AB3197, see BC, Spring
issue.)
   AB2860, by
Assemblyman Jim Morrissey,
(the extension of the Guide
Dog Board sunset from 1997
to 2002), was lost in the
Business and Professions
Committee. This bill required
no funding from the state so
its failure came about only
because of political
maneuvering. On the final day,
just before the hearing, at least
one CCB/GDUC member faxed
a letter in opposition to our bill
in conjunction with two other
opposition letters. While these
letters did not have a decisive
influence on the outcome of
the bill, it is very unfortunate
that they placed CCB in an
embarrassing position. 
                              The remaining bills I will
mention have either died in
committee or were withdrawn
by their authors. If you wish
further information on any of
them, please contact me. My
address in on the first page of
the BC. 
                              AB2076, Assemblyman
John Burton, was supported
by CCB. This bill sought
reinstatement of SSP benefit
funds which were cut during
the budget crisis. It Lost in
committee.
                              AB2856,
Assemblywoman Barbara Lee,
also had CCB support. This bill
asked that SSP recipients be
given a cost of living increase
effective January 1, 1997. It
was withdrawn by the author.
                              AB2084, Assemblyman
Bernie Richter, was opposed
by the Council. It would have
permitted counties to transfer
funds from the Transportation
budget to their general fund.
The bill was withdrawn by the
author.
                              We opposed AB978, by
Assemblyman Bruce Thompson
because it would have
removed many of the current
special education credentials,
thus severely affecting all low
incidence groups by lowering
teaching standards. The
measure died in committee.
   AB3016, by
Assemblyman Joe Baca,
merited CCB's disapproval by
allowing the California
Highway Patrol squad clubs to
take over for the benefit of its
members the income from on-
premises vending machines.
The author withdrew the bill. 
   The last of the bills we
opposed was SB1688, by
Senator Milton Marks. It would
have given licensed
optometrists and a number of
unlicensed groups some specific authority regarding
telecommunications devices
designed for disabled
individuals.
                              There were a number of
other bills that the CCB either
supported or opposed similar
to those above. Because of
limitations in my time and BC's
space, it does not seem
necessary to describe these. I
will, if you want to know more
about them, discuss them
further at the upcoming Fall
convention. In the meantime,
enjoy the rest of your summer
and get prepared for the 1997-
98 session. One last word: BE
SURE TO VOTE IN THE
NOVEMBER ELECTION!
                   ------------

        LUA AND BRL TRY SOMETHING DIFFERENT

                  by Leslie Thom

   (Leslie Thom is the vice
president of the California
chapter of the Library Users of
America.)
   At ACB conventions in
recent years, special interest
affiliates have increasingly
joined in presenting their
programs to avoid having
members make choices
between two groups of fairly
similar interests. LUA and BRL
have decided to try the same
approach at the CCB
convention in San Diego this
November. 
                              The two organizations will
have separate business meet-
ings at 9 or 9:30 on Friday,
November 22, but will come
together at 10 o'clock for the
BRL program in the first hour
and the LUA presentation in
the second. LUA has invited
Jill Ferris, the popular talking
book reader who spoke at the
ACB convention this summer
to address us, and we hope
that many CCB members will
join us to hear her.
   The two affiliates will
gather for lunch at 12 where
those who attend can ask
questions of Jill and enjoy the
opportunity of meeting her.
BRL speakers will also be
present to share in the social
side of our meeting. 
   LUA urges you to become
a member of our organization
by sending $12 to Pat Price,
5707 Brockton Drive, No. 302,
Indianapolis, IN 46220-5481.
The semiannual news letter
you will receive has interesting
articles about libraries
everywhere and provides a
forum for discussing problems
NLS has but doesn't want to admit--like the shortage of tape
players which is troubling
librarians all over the country,
since it prevents new readers
from entering the program,
sometimes for many months. 
                              At each of the California
conventions, we get together
as we are doing this time, and
at the national ACB conven-
tion, LUA meets for two after-
noon sessions and sponsors a
popular wine and cheese
tasting where members and
guest speakers can meet and
exchange ideas. 
                              A service extended to
LUA members in California is
the free circulation of videos
especially described for the
blind. We are now circulating
almost 50 items and will add
to our library as funds allow.
We look forward to seeing
many of you on November 22
at our program and luncheon. 
                   ------------

                FEDERAL LEGISLATION

                 by Cathie Skivers

   As this report is being
written, Congress is in recess,
not scheduled to reconvene
until after Labor Day. When
work is resumed, some of the
measures of concern to blind
and visually impaired persons
will come before the Senate
and various congressional
committees.
   Although HR3268, the
IDEA reauthorization bill,
passed the House on June 10,
the senate version, S1578, still
has not been acted upon.
There is yet time to contact
Senators Boxer and Feinstein
for their support of S1578.
Also, urge them to insist that
the conference committee
reviewing the two bills adopt
the provisions in HR3268
ensuring that braille and
mobility skills will be made
available to all blind and
visually impaired students for
whom the IEP team
recommends such training. 
   Your support is needed
for HR3754 because it
contains amendments by
Congressman Chafee, Conn.,
permitting organizations like
NLS and APH to bypass the
necessity for copyright
permission, thus enabling them
to produce material in
accessible formats much more
promptly. 
   Recently President Clinton
signed three important pieces
of legislation. The first was a
measure to increase the
minimum wage by 90 cents
over the next two years; the
first increase would bring it to
$4.75 per hour and then to
$5.15 by the end of the two
years. We do not know how
many blind and visually
impaired persons will be
affected by this law. 
                              The measure which allows
people to retain their health
insurance for six months after
leaving their place of
employment has also been
signed into law. One of the
provisions prohibits denial of
insurance because of a pre-
existing condition--a strong
protection for people with
chronic illness.
                              The third bill signed into
law--the "Welfare Bill"--will
perhaps have the greatest im-
pact on the blind and disabled
community. The job market
will no doubt be flooded by
applicants looking for entry
level employment. Historically
the more people who are avail-
able for jobs, the more difficult
it becomes for blind and visual-
ly impaired persons to find
employment. During World
War II the number of people in
remunerative employment was
quite high; but as soon as the
war ended, many of these
workers lost their jobs even
when they had excellent
attendence and performance
records. It is hoped that
strategies can be developed to
minimize any increase in unem-
ployment for those with little
or no sight--already at 74%. 
   I cannot emphasize too
strongly the need for all of us
to keep in touch with the
Washington and California
Connection services and to
contact our senators and
representatives appropriately.
What happens to programs for
the blind and visually impaired in the future depends on how
much we care now and how
willing we are to take our
share of responsibility to
improve our lot. 
                              If you have any questions,
feel free to contact me at 
510-357-1986 or write to me
at 836 Resota Street,
Hayward, CA 94545-2120.

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

          DESCRIBED LIVE THEATER OPTIONS

      by Bernice Kandarian and Roger Petersen

   Audio description by its
various names--"Descriptive
Video" or "Narrative
Television"--has been around
for a while now. It has evolved
from something which was a
curiosity provided only
occasionally and welcomed in
any form to a service that is
rendered in enough different
contexts by enough different
groups that we can begin to
make judgments on quality.
The context that we wish to
discuss is live theater,
although we recognize that
audio description has an
important place in other
situations such as movies,
television and exhibits.
                              During the five week per-
iod from December 26, 1995
through January 28, 1996, we
were able to see five live
theater productions--all
described. Since three different
organizations were involved,
there developed opportunities
for us to decide exactly what it
is we liked to hear from an
audio describer and what other
experiences were important to
us.
                              We first saw the
Nutcracker Ballet audio
captioned by The Visual Voice.
A preview tape providing
information about the show,
location of the theater and
history of the Opera House set
the stage for a delightful
afternoon. Costumes, sets and
action moved at a quick pace,
enhancing the musical score.
The Visual Voice had been able
to negotiate $15 tickets and
superb seats. 
   Two weeks later at the
Lucie Stern Community
Theater in Palo Alto, Theater
Works presented The Man
Who Came to Dinner and again
a preview tape prepared us for
the play. We arrived at the
theater early so a member of
The Visual Voice team could
read/describe a wall display in
the lobby that was germane to
the show. Afterwards the
actors mingled with us in the
lobby showing us their
costumes and props, from
Banjo's shaved head to
Lorraine's silk charmeuse art
nouveau dress with a train and
even the voluptuous, lacy
black brazier. (Lorraine was not
wearing the brazier.) Theater
Works extended the senior
discounted ticket price to each
blind patron along with his/her
sighted companion.
   The following week we
went to San Francisco to see
West Side Story at the
Orpheum Theater. This was
described by AudioVision's
Nancy Foss, the president of
the Board of Directors of the
Rose Resnick Lighthouse for
the Blind. The style of
describing, though, sometimes
left us in the dark. Statements
such as "he motions" and
"bright colors" do not convey
the same information as "She
wiggled her finger" or "the
emerald green floor length
dress."
                              On January 27 The
American Musical Theater of
San Jose presented A Little
Night Music at the Center for
the Performing Arts in San
Jose. This theatrical group has
a community development
wing which receives donations
to pay describers as well as
subsidize ticket prices for
subscribers. Patrons choose
their seats and price
preference. We prefer front
row center so that we can
utilize our residual vision and
hear movement from the stage
to gain additional information.
The show was topped off by a
visit back stage where we
could examine the props as
well as interact with the actors
who seemed to want us to feel
their velvet, lace or feathers.
Since the costume department
of the American Musical
Theater of San Jose rents and
sells costumes around the
country, the costumes are well
constructed and not at all
fragile. 
   The final production in
this series that made us feel
like professional theater critics
was Under Milk Wood, the
poem for the stage by Dylan
Thomas, presented at the
Mountain View Center for the
Performing Arts by Theater
Works. Again, the description
was done by the Visual Voice.
Once more there was a study
tape to prepare us for the play;
and again, we sat up close.
We were at the left side of the
front row and there was a
stage wing almost within our
reach. This was perhaps the
most difficult production of all
to understand because of its
Welsh setting and vocabulary.
It was a lesson in technique for
the describers since there were
narrators as part of the play
and few occasions without
speech on the stage to use for
the descriptions. This play was
originally written, after all, for
radio. 
   The point of all this is that
we are now progressing
beyond the time when any
audio description is a welcome
rarity to the time when we can
compare techniques and even
ask for specific practices that
produce good audio
description. All three
description groups did a good
job of describing the
productions. They were all a
cut above some other
descriptions we have heard,
notably at the Kennedy Center
in Washington D.C. We believe
this difference to be the result
of the use of scripts by our
west coast groups. 
                              In addition, for
AudioVision it can be said that
the members bring high quality
description to national touring
companies which perform in
San Francisco. The other two
groups are in a real sense spin-
offs of AudioVision, which
provided the initial training in
this area. The American
Musical Theater of San Jose is
to be congratulated for having
description as an integral part
of their company and for
providing study tapes and back
stage tours. Besides also
offering study tapes, the Visual
Voice merits high marks for its
crafting of descriptions.
Describers obviously try hard
to find just the right words to
use even if a word is one that
we don't know at first. We
often have a question or two
to ask the describers after the
play.
   In conclusion, we urge
you all to attend and support
description in live theater in
your area. Theater companies
are beginning to understand
that this is a way that they can
reach a new audience. It is up
to us to show that we will be present at plays if they are
described. The number of blind
patrons is relatively small, but
we can make a difference. So
get off your couch in front of
the tube and go to a live audio
described production when you
find out that there is one in
your area.
                   ------------

        TECHTALK: HOW TO ACCESS A COMPUTER;
         A BEGINNER'S PERSPECTIVE, Part 3

                 by Kenneth Frasse

   Technology can, in a
myriad of instances, assist
individuals who are blind or
visually impaired. Technology
can also be frustrating and
intimidating; in fact, it almost
always is when first
encountered. The following
article is the third in a series
that attempts to categorize the
various technologies that can
assist with accessing a
computer, as well as trying to
allay some of the confusion
and intimidation associated
with computer use.
   Reading Systems Reading
systems allow individuals who
are blind or visually impaired to
access printed material. They
are sometimes referred to as
optical character recognition
systems or OCR and consist of
a scanner similar to a fax
machine, a computer to which
the scanner is connected, and
OCR software to turn the
scanned image into text that
can be read through speech
synthesis or an electronic
braille display.
                              Reading systems can be
distinguished in two
categories: stand-alone and
software-based. The stand-
alone systems are essentially
computers with software and a
scanner consolidated into a
single unit, but the user does
not have to know how to
operate a computer to use
them. All of the controls are
menu-driven; and one
keystroke generally will initiate
the entire process of scanning,
recognizing, and reading a
document to you. The
software-based systems
require more computer
knowledge, but add the benefit
of being able to edit and print
or emboss your scanned
documents.
   Some of the most popular
OCR systems include
Arkenstone's An Open Book
and An Open Book Unbound;
TeleSensory Corporation's
OsCaR; and Xerox
Corporation's The Reading
Edge. The cost of OCR
systems ranges from $1,400
to $5,995; the price is usually
lower for software-based
systems.
   Though in its infancy, a
new contender to the OCR
market is the use of a GUI
speech synthesis or electronic
braille display in tandem with
mainstream recognition
software. A scanner would still
be necessary, but the cost of
such a system starts at
approximately $895. A
comparison of various
mainstream OCR software with
GUI screen review software
will appear in the summer
issue of Sensory Access
Foundation's publication,
ACCESS REVIEW. 
                              Text Magnification There
are two types of text
magnification that people
generally refer to: screen
enlargement software and
closed circuit televisions
(CCTVs). Computer screen
magnification for an individual
who is visually impaired is
essentially analogous to an
individual who is blind using
speech synthesis; each of
them is accessing the
computer monitor. CCTVs for
the visually impaired can be
said to be analogous to reading
systems for the blind since
both functions are attempting
to access printed material.
                              Screen enlargement
software can magnify the text
and graphics on a computer
screen in various ways. In both
DOS and Windows, this
software allows the user to
magnify a single line
underneath the cursor, an area
of the screen, or the entire
screen. 
                              Additionally, the
magnification can range from
1.5 times to 16 times that of
normal characters depending
upon the particular software.
There are also numerous other
permutations of the above
features, including an option to
have the program
automatically scroll through
the document. Screen
enlargement software also
allows the user to alter the
color of the text and the color
of the background. For
example, if the user is light
sensitive but needs contrast,
he or she may wish to have
the text displayed in bright
yellow on a soft gray or
powder blue.
   The three most popular
screen enlargement programs
on the market today are Ai
Squared's ZoomText for DOS
or Windows, Optelec's LP-DOS
and LP-WIN, and
Microsystems's MAGic. The
cost for these programs ranges
from $375 to $595.
   One final note on screen
enlargement software is that
some of this software can be
used effectively with speech
synthesis. If employed in
tandem, users can have certain
features of an application
program spoken while their
concentration is focused where
they have the magnified text.
   Closed circuit televisions
(CCTVs) are essentially
electronic magnifiers. There
are four basic types of CCTVs;
these include: NTS interface
(the term used to distinguish a
device which interfaces with a
regular television set rather
than with a computer),
portable, stand-alone, and
computer interface. The
distinction between these units
is mostly in their configuration,
but they all achieve similar
purposes.
                              The NTS interface is a
hand-held camera that
connects to a common
television. An example of the
NTS interface is the Magni-
Cam. This is usually the least
expensive type of CCTV, but
loses a substantial amount of
resolution by its use of a
regular television screen.                      
Although the NTS interface
CCTV is as portable as the
television it travels with, there
is also a series of "portable"
CCTVs. Some of them are self-
contained, with an X/Y table
that can move under a
stationary camera so the user
can view the document; an
example of this type is
Optelec's Passport. Other
portable CCTVs possess a
hand-held camera like the
Magni-Cam, but these connect
to a computer monitor and
usually have much better
resolution than an NTS
interface. An example of this
type of CCTV is HumanWare's
Viewpoint VGA.
   Most CCTV sales are in
the stand-alone type. These
usually consist of an X/Y table
over which is mounted the
camera pointing downward,
and a monitor screen mounted
above that. In some cases, the
monitor can be placed next to
the camera unit so that it is
not situated too far above the
user's sight. Some of the more
popular stand-alone CCTVs
include Optelec's 20/20,
TeleSensory Corporation's
Aladdin and Vantage,
HumanWare's ClearView, and
SEETEC's CCTV series.
   The fourth type of CCTV,
computer interface CCTVs, are
the most versatile. These units
are precisely the same as the
stand-alone in their
configuration, but they have
the added feature that they
can be connected to a
computer and made to display
either the paper document
under the CCTV camera or the
electronic document in the
computer. It can even be
configured to display a portion
of the paper document on half
of the screen and a portion of
the electronic document on the
other half of the screen. This
type of CCTV requires, as do
some of the stand-alone
versions, a VGA computer
monitor. Some popular
computer interface CCTVs
include HumanWare's
ClearView VGA, TeleSensory
Corporation's Chroma SVGA,
and Optelec's newest release,
the Spectrum SVGA.
                              Note should be taken of
the color capability of CCTVs.
There are basically three types
of color configurations that can
be purchased with CCTVs:
monochrome, monochrome
with color enhancement, and
full color. Monochrome
CCTVs, or black and white
CCTVs, have all the standard
adjustments of contrast and
brightness, but they can show
only black text on a white
background, or white text on a
black background. 
                              Monochrome CCTVs with
color enhancement allows the
user to choose artificial, pre-
set color combinations for the
foreground text and the back-
ground; some CCTVs even
offer gray shading to represent
different colors that are in the
camera's view. Full color
camera CCTVs allow the user
to impose artificial, pre-set
colors for the text and
background, but also possess
the ability to display real, full-
color images. This can be
crucial if the user needs to
work with color coordination or
color-coded work. The cost of
CCTVs ranges from $795 to
$3,395, and is significantly
impacted by the size of
monitor that is used. A 14-inch
monitor can cost $250, but a 21-inch monitor can cost
$2,500.
  I hope that this article has
been informative and clarifying
for our readers. More detailed
information on vendors and
products can be requested by
calling Sensory Access
Foundation at 415/329-0430.
                   ------------

        COMPUTER IN EYE COULD LET BLIND SEE

                  by Paul Raeburn

   SCIENCE: Tiny TV
cameras in eyeglasses send
messages to the computer,
which floats gently on the
retina. The Associated Press,
Orlando, Fla. (From the Orange
County Register, October 13,
1995; submitted by Maria
Lopez.)
   An artificial vision system
with tiny TV cameras in
eyeglasses sending invisible
laser-borne messages to a
computer inside the eye may
restore at least partial sight to
the blind, researchers say.
   The computer, about the
size of the date on a penny,
floats gently on the thin, wet
tissue of the retina, powered
by solar cells activated by the
laser beam. The computer
converts visual signals
encoded in the laser beam to
electrical im-pulses to be sent
to the brain.
                              If that sounds like
something possible only on
"Star Trek," Dr. Joseph Rizzo,
one of its developers, has a
ready answer. He points to the
success of the electronic
cochlear implant, which is now
enabling many formerly deaf
people to hear.
                              "Nearly 10 percent of
previously deaf patients who
receive a cochlear implant can
hold a conversation over a
telephone," said Rizzo, a
neurologist and ophthalmolo-
gist at Harvard Medical School.
                              The success of the
electronic ear gives hope to
Rizzo and his colleagues, who
include John Wyatt of the
Massachusetts Institute of
Technology.
   The first eye on a chip
has just been completed at a
cost of $500,000, Rizzo said.
But mass production of the
chips should bring the cost
down to as low as $50 each,
Rizzo said.
   Researchers are years
away from human trials of the
computer. They plan to put the
first chip in a rabbit's eye next
year, Rizzo said. He described
the work at a seminar
sponsored by Research to
Prevent Blindness, a New York
voluntary organization that
supports eye research. 
   Dr. Jean Bennett of the
Scheie Eye Institute at the
University of Pennsylvania said
she was impressed with
Rizzo's work. "It's
fascinating," she said.
   Bennett is also pursuing a
forward-looking treatment for
blindness. She is experiment-
ing to perfect a form of gene
therapy that may one day
restore vision to people with a
genetic abnormality that
causes retinitis pigmentosa.
   That condition affects
50,000 to 100,000 Americans,
most of whom begin to lose
their vision as adolescents and
eventually go blind.
                              The computer chip is only
a stop-gap measure until gene
therapy can reverse the under-
lying genetic defects in some
forms of blindness, Rizzo said.
                              Bennett said both
approaches are important.
"Some things will work for
some situations, and others
won't," she said. "So it's good
to have a bag of tricks." 
                              Rizzo's chip has two
layers: a top layer of solar cells
and a bottom layer of compu-
ter circuitry. Protruding from
the two layers is a tiny strip
carrying electrodes that send
signals directly to the nerves in
the retina, which transmit the
signals through the optic nerve
to the brain.
                              The chip will probably
produce only limited vision in a
very narrow visual field, but
that could be enough to
dramatically improve the lives
of patients who cannot see at
all, Rizzo said.
                              The idea is that the
special glasses would pick up
images by using small versions
of the optical detectors used in
video cameras. Those images
would be converted into
hightech digital semaphore
messages sent by laser beam
to the computer inside the eye.
   The laser would power
the computer by striking the solar cells and transmit the
visual information from the
glasses.

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

   OUT OF THE DOGHOUSE: OPENING THE DOGGIE DOOR

                    by Ken Metz

   In 1995 Guide Dog Users
of California (GDUC) authored
a resolution which called for
the three guide dog schools to
follow the mandate in
Assembly Bill 550 which had
been passed three or four
years earlier. It required any
not-for-profit Agency serving a
specific segment of the
population and receiving State
funds for its work to choose a
significant percentage of its
board of directors from the
group being served. Since the
guide dog schools received no
state funds, they were not
legally required to abide by the
law; but GDUC's resolution
requested that they honor the
law's provisions anyway. 
   The State Department of
Rehabilitation interpreted
AB550 to mean that 20
percent of the not-for-profit
agency's board members had
to be drawn from the
population being served.
Although none of the guide
dog schools has yet acceded
to the 20% requirement, the
one found least cooperative
was Guide Dogs for the Blind,
Inc. in San Rafael. 
                              During the April GDUC
meeting in San Jose, Guide
Dogs for the Blind President
and Board member Dick Bob
stated that, though they would
try to find qualified guide dog
users to be on their Board, for
the time being their effort in
selecting new members would
be directed toward ophthal-
mologists, psychologists,
psychiatrists, and others who
could teach the other members
more about blindness. That
statement sounded as if blind
people themselves don't know
about blindness--a strange
attitude for an agency serving
the blind.
                              Having guide dog users on
the boards of the three guide
dog schools had been an issue
for many years, but had gained
particular notoriety following a
background check of Guide
Dogs for the Blind by the San
Jose Mercury News a year and
a half ago. The investigation
had begun because of
demeaning and condescending
treatment received from Board
members by Vernon Crowder
who had applied to the school
to be its General Manager.
   Crowder was asked
questions which plainly
countered ADA guidelines. As
quoted in the Mercury News,
the school asked if a blind
employee proved not to be
successful, how could the
school fire him or her?
Personal questions were also
put to Crowder such as what
did his wife do. Many other
questions and comments
blatantly disregarded
interviewing techniques
recognized by the EEOC and
ADA guidelines.
   Since in their fundraising
efforts the guide dog schools
insist that independence for
the blind person is one of the
main advantages of using a
guide dog, why wouldn't the
schools support their claims by
hiring more blind persons and
by appointing blind individuals
to meaningful board positions? 
                              The two smaller guide dog
schools, Guide Dogs of
America and Guide Dogs of the
Desert, have increased the
percentage of board members
who are blind, though they still
fall short of the goal. Guide
Dogs for the Blind has finally
put three guide dog users on
their Board this year and has
hired three or four additional
dog users to work at the
school (after the San Jose
Mercury News article
appeared). 
                              Much thanks goes to
Linda Goldston, investigative
reporter for the Mercury, for
her keen interest in our cause.
Most important is the effort of
GDUC in demonstrating
forcefully to the Mercury News
at their last membership
meeting the degrading attitude
Guide Dogs for the Blind Board
members exhibited toward
blind persons. Enough pressure
ultimately forced Guide Dogs
for the Blind to include blind
persons in their operation
rather than to patronize them. 
                              GDUC is proud of their
accomplishments. Guide dogs
and their owners have had a
few more doors open to them.
GDUC applauds the guide dog
schools for opening their minds
to the abilities of blind persons,
but this is only the beginning.
With the positive moves taken
this year by Guide Dogs for the
Blind, we believe that the staff
and board will realize the
tremendous contributions blind
persons will make toward the
school's future. The other
California guide dog schools
must also continue to move
forward and be willing to take
constructive criticism from
guide dog users to enhance
their work and increase the
value of their service. 
                   ------------

       BLIND BOWLERS HAVE AN EAR FOR SPORTS 

                  by Pat Murkland

   (Taken from The Press
Enterprise, Riverside,
California.) 
   Earl Dockstader strides
forward and sends his bowling
ball ripping down the alley.
Pow! The pins go flying.
   "Eight down!" he calls. "I
don't know which ones are up,
but it sounds like eight are
down."
   Fellow player Ellie
Hutchinson says he's right.
She can see the alley and the
score; Dockstader cannot. He
keeps track by counting the
sounds of falling pins.
   But blindness never deters
Dockstader nor any other
member of the Alley Oops, the
Riverside Braille Club's blind
bowling team.
                              Every Monday about a
dozen Alley Oops meet for an
afternoon of bowling and
friendship at Tava Lanes in
Riverside.
                              Some Oops, like
Riversiders Marilyn Wander
and Jean Sachs, have been
bowling together for more than
eight years.
                              "Eight years in January,"
says Jane Williams of
Riverside, another regular. 
                              In 1963 Williams was a
widow raising four children.
Then she was blinded in a car
accident. "One minute," she
says, "I had sight. The next
minute . . . " she snaps her
fingers.
                              "We made it," she says
cheerfully. Williams now has
four grandchildren and four
great-grandchildren. And this
great-grandmother says she
bowls every week for
"exercise, fun and dirty jokes."
She then tells a dirty joke
about blind bowlers that can't
be printed in a family
newspaper.
   The Oops--"We call our-
selves the Alley Oops because
we go 'Oops, another gutter
ball," Dockstader jokes--usually
play three games with each
other. Sighted volunteers play
with them, helping keep score.
   Hutchinson, one longtime
volunteer scorekeeper and
bowler, said the other players'
blindness "doesn't mean a
thing. You don't throw it right,
you don't get 'em."
   The bowlers' scores
sometimes range up to the
150s. Charlie Orndorff, Tava's
junior director, says that's
pretty good. A perfect
game, which is rare, yields a
score of 300. 
   The Alley Oops don't use
the bowling world's version of
bike training wheels--lanes
with heavy guards that rein in
loose gutter balls. Instead,
every week they are at regular
lanes 1, 2 and 3.
   The only hints that they
are blind or have impaired sight
are the sunglasses that a few
wear indoors and waist-high
rails that some use to guide
themselves to the start of the
alley where they will throw the
ball. 
                              Dockstader, a Mira Loma
resident who likes to wear his
Alley Oops team shirt, has a
progressive disease that limits
his vision to nearby light and
shadows. He says bowling is
fun; gives him a sense of
accomplishment.
                              On a recent Monday, the
Alley Oops hosted a bowl-a-
thon to help an agency that
helps the blind.
                              "Pledges from 27 bowlers
raised between $800 and
$1,000 for blindness support
services," organizer Williams
said. The four-year-old
Riverside agency uses public
and private donations to help
Riverside County blind
residents work toward self-
reliance.
                              At the bowl-a-thon,
Walter Ramos of Colton, blind
since birth, was one bowler
who also used a special ramp
for the blind. The ramp helps
launch the ball. 
                              Ramos could tell when the
pins were ready for a fall. "The
ball slows down as it
approaches the pins," he said.
   For the blind, the bowling
alley is full of sounds and
echoes as wooden pins clatter
again and again onto each
wooden alley. With a click and
a clack a mechanical sweep
pushes the downed pins away
and a rack resets them.
   The background buzzes
with bowling chatter. Bowled
balls whir back to bowlers
through the ball return and roll
into reach for the next frame
or turn. The blind bowlers find
the right ball by knowing exactly how it feels.
                              And whether it's lane 1, 2
or 3, the Alley Oops clap and
cheer whenever they hear a
strike, the unmistakable slam
of a bowling ball knocking
down all ten pins. 
                              On another Monday
afternoon, Williams starts
another game, bowling the first
of ten frames. Pow! Another
strike! "How about that!" she
says with a smile. "I'm
bowling a perfect game." 

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

               STATEMENT OF POLICY:
      SPECIALIZED SERVICES FOR BLIND PERSONS 
              WHO ARE CLIENTS OF THE 
           DEPARTMENT OF REHABILITATION

     Advisory Committee for Services for the 
     Blind and Visually Impaired, May 9, 1996

   There is general agree-
ment among those concerned
with services for the blind that
such services must include the
use of specialists in blindness.
It is agreed that there is no
other way to assure that blind
persons receive relevant,
timely, and effective
assistance in preparing for
productive lives. Blind people,
the consumers of services,
know that training outcomes
are directly related to the
degree of specialization: the
more specialized rehabilitation
personnel are, the better the
outcome. 
                              For many years the
Department of Rehabilitation
has talked of its commitment
to providing specialized
services. Pledges and
commitments have been made
in particular to blind persons,
organizations of the blind, and
the legislature. For instance,
whenever a Commission bill (or
similar proposal) has been
introduced in the legislature,
the Department has argued
that specialized personnel are
and will be provided. During
1995 the Department
successfully defended its
present structure for services
for the blind at least in part on
the basis that specialized
services are provided.
   The reality is dramatically
different. Since the
Department was created in
1964, promises to maintain
and enhance specialized
services for the blind and
visually impaired have been put
forward by the Departmental
administration repeatedly.
However, performance has
fallen short of promise at the
operational level in the
districts. Substantial numbers
of blind consumers do not
perceive the assistance of
rehabilitation counselors who
are conversant with the needs
of blind persons.
   Most recently, the San
Francisco district administrator
once again gave the lie to the
Department's claim for
specialization when she
unilaterally reassigned a
generalist rehabilitation
counselor to assume 50% of
blind cases in that district, and
the RCB to receive generalist
cases. What looks good on
paper and for the
administrative convenience of
personnel, is in this case not
sound practice for consumers. 
                              The Advisory Committee
on Services for the Blind and
Visually Impaired hereby
makes a statement of policy to
the Department of
Rehabilitation: Specialist
services for the blind and
visually impaired are of critical
importance to blind consumers
of the Department's services.
The role of specialization in
positive consumer outcomes is
well known to all who are
concerned with the
rehabilitation of the visually
impaired, and must be
continued at all levels of
Departmental operations. The
Department of Rehabilitation
has a history of commitment to
specialization in rehabilitation
of the blind which too often
has been a fiction in the reality
of generalization of staffs in
the field. The Department must
affirm dedication of staff to the
specialization in rehabilitation
of blind persons and take all
steps necessary to see that
this policy is maintained and enhanced at all
levels of the Department. 

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

              THE STUDENT PERSPECTIVE

                 by Warren Cushman

   Greetings to all members
of the CCB from the Blind
Students of California! The
BSC has been, and will be,
quite busy organizing activities
for the fall convention. We will
be holding a scholarship
drawing, selling T-shirts, and
putting on a career workshop.
Chapter presidents will be
receiving further details soon.
   Congratulations to Mari
Sanchez, our new vice
president, and to Sean
Chambers, our new secretary.
They are fine and hardworking
additions to the board. 
   The BSC is preparing
more of our brochures. If you
would like one, please call the
BSC office at 916-482-2183.
The BSC is always looking for
new members; anyone who
wishes to join should call the
BSC office for information
about dues and membership
applications. 
   I now turn to what I think
is the most important CCB
activity, legislation. In our past
president's term, our
organization authored four bills
which were signed into law. In
the present administration we
are working on two bills which
we hope will also become laws
of the state. I believe that the
Council does have the capacity
to draft and pass legislation
with the help of the California
Connection, which is a vital
link between Sacramento and
the membership; our outstand-
ing capital representative; and
our membership, which I
believe must be our greatest
asset in legislative advocacy.
The work that our members
do, calling, writing and visiting
legislators, is what makes the
difference. I attended our ACB
convention where these same
strategies were set forth by
Julie Carroll, our governmental
affairs representative in
Washington. 
   The CCB will be looking at
many legislative items. First
and foremost, I hope every
member will get behind efforts
to bring a commission for the
blind to California. It is
apparent to me that we can no
longer rely on the Department
of Rehabilitation for honest
advocacy for blind people. I
also hope we look at an idea
put forward by my advisor
Kenneth Frasse--a formula for
accessible technology in our colleges. I think, too, that we
need to establish an orientation
center for the blind in
Sacramento and Los Angeles.
                              These are just some of
the hopes and ideas that
people in our organization are
considering. I am confident
that, despite our present
financial crisis, our leadership
and our members will continue
to put legislation at the top of
our list of priorities. 

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

      A LITTLE-ADVERTISED TRADE FOR THE BLIND

   (The Following is an
article by Vinny Samarcos
which was printed in the June,
1996, Matilda Ziegler
magazine. Mr. Samarcos lives
in Fort Saint Johns, British
Columbia, Canada. The article
was submitted by Al Biegler,
president of the Butte County
Council of the Blind. Al's note
says, "I graduated from this
school in June, 1955, and I
really enjoy being self-
employed. I feel Vinny wrote a
very good article.")
   In this age of computers,
cd-roms and other High-tech
advances, the profession of
piano tuning for visually
impaired people has been
relegated to a very low status
in the eyes of rehabilitation
counselors and their clients. I
would like to report, however,
that this profession is still very
much alive, flourishing, and in
need of more visually impaired
tuners. 
                              In spite of the invention of
the electronic piano and
synthesizer, the demand for
the real piano is as great as it
has ever been in most parts of
North America. Thus, the
demand for competent, skilled
technicians to service these
instruments also is great. 
                              Being a musician and a
teacher of piano and music
history, tuning is only a part-
time profession for me, but
one I have found to be just as
rewarding. You do not have to
be a musician to be a good
technician, but any musical
training you have is an asset.
   The training I received at
the Emil Fries Piano Hospital
and Training Center of
Vancouver, Washington, was
one of the finest experiences
of my life. Not only was I able
to learn tuning skills, but I also
gained a measure of
self-esteem and confidence
that I had lacked. I learned the importance of encouragement
from teachers and the
necessity for a great deal of
hard work. I could do many
things that I had previously
thought were impossible.
                              Students of piano tuning
take classes in tuning,
regulating, repairing, and
rebuilding pianos and in
business skills, which, along
with hard work, ensure a fine
career. For further information
contact the Emil Fries Piano
Hospital and Training Center,
251 E. Evergreen Blvd,
Vancouver, WA 98661;
360-693-1511.
                   ------------

                PROFILE: JEFF THOM 

                   by Brian Hall

   Jeff Thom began
wrestling in high school. He
trained for the varsity team
under less than ideal
circumstances, for Physical
education classes weren't
adapted for the blind in those
days, so he would often sit out
or take orientation and mobility
lessons instead of doing
exercises that would
strengthen his body.
   "I'd get in good shape by
the start of the season, but I'd
tire out toward the end of the
match," said Thom, who this
fall is finishing his final term
with the board of directors for
the California Council of the
Blind.
                              The 43-year-old attorney
has served on the board for
eight years, the maximum
period allowed. Colleagues say
he doesn't let personal or
mainstream pressures pin him
to the mat. "He's honest and
forthright," said former CCB
Director Coletta Davis who
worked on the Board with
Thom. "He sees things
through." 
   Jeff and Leslie Thom have
three children: Andrea, who is
nearly 3; Michelle, 13 and
Paul, 15. Andrea has retinal
blastoma a form of eye cancer.
   "She has it in both eyes,"
Thom said. "She has sight in
both, but we're just hoping
that one won't have to be
taken."
   Friends say the family has
endured Herculean strain that
would have driven Hulk Hogan
weeping to his knees, then
down for the count. Thom,
however, takes in relative
stride the extra care his
daughter requires.
   "In these first three years,
it means a lot of visits to the
hospital. Andrea, Leslie and I
have put up with a lot of
things that go along with
childhood disease," the CCB
Capitol Chapter President said. 
   The proud father jokes
that those with the retinal
disease seem to be smarter
than the norm. 
   "Jeff is family oriented
and likes children very much,"
said Eugene Lozano, the
Capitol Chapter's first vice
president. "He isn't a
chauvinist. Even after a long
day at work, he enjoys cooking
meals and cleaning the house."
                              Thom works as a
legislative counselor for the
State Senate and Assembly.
Sometimes, he has passed his
stop to get off the bus by
being deeply involved with
solving crossword puzzles with
other passengers.
                              Thom has only light per-
ception, a condition stemming
from retinopathy of prematur-
ity. Born in Santa Rosa, Ca.,
he attended mainstream
classes, went to Willamette
University in Oregon and
earned his law degree at
Stanford. He remains a stead-
fast Stanford and Forty-Niner
football fan, regularly listening
to games on the radio. 
                              Thom's liberal leanings
first drew him toward labor
law, a field in which he hoped
to represent unions. Upon
graduation from law school, he
worked for a year as a disabil-
ity rights attorney with the
Western Law Center for the
Handicapped in Los Angeles.
From there, he moved on to
Sacramento and the Legislative
Counsel Bureau to prepare
bills, write legal opinions and
testify at hearings. "I've
always followed politics and
current issues," Thom said.
"And politics lent itself to the
law. As I've gotten older, the
legal profession has seemed
less attractive, but nothing
seems more attractive."
   If he hadn't become a
lawyer, he might have studied
urban planning or international
affairs, Jeff supposes. His legal
expertise lies in Health and
Human Services legislation
such as Aid to Families with
Dependent Children and
Supplemental Security Income.
The Welfare Reform Act, he
said, will shift more work to
his staff.
   "I can have strong
political opinions and always
will, but it's my job to be
impartial and to set aside my
personal and political views,"
Thom said.
   Bills come across his desk
in every form, from a broad
idea scrawled on a piece of
paper to a thoroughly-crafted
piece of legislation that
requires little or no change.
   Thom checks the
proposal's constitutionality,
determines whether it amends
the correct section of law and
drafts the proper language.
   In addition to the services
of a human reader, he uses an
adaptive computer and, with
the rest of his department, is
apprehensively joining the
world of Windows. 
                              In 1977 Thom started at-
tending CCB meetings. He has
served on the organization's
Resolutions Committee,
Scholarship Committee and
Committee on Employment
Assistance, which provides
adaptive equipment through
low-interest loans to help
secure jobs for the visually
impaired.
                              "Employment opens all
sorts of other gateways,
psychologically and
physically," Thom said. "It
gives you all the dignity
necessary to make the rest of
your life so much more
fulfilling."
                              Thom is happy to give
scholarship applicants career
guidance.
                              "It's always been a plea-
sure to work with Jeff on the
Board," fellow CCB Director
Winifred Downing said. "He
has information about the law
and areas in which the rest of
us are not so well informed.
Besides his son and daughters,
he has taken other children
into the home and I think pro-
vides a very warm and loving
environment."
   Jeff likes travel but has
little opportunity to leave town
on extended jaunts. He and
Leslie enjoy gambling and
hiking. Thom is an on-again/
off-again member of the Sierra Club.
                              His physical feats,
though, don't end on the trail
or the high-school wrestling
mat. In July, he went rock-
climbing for the first time,
indoors at the Rocknasium. 
                   ------------

                  RANDOM THOUGHTS

               by Domenic Martinelli

   It has been shown to me
that, in falling and rising again,
we always keep moving confi-
dently. The contradictions in
my life are, in some way, signs
of growth.
   When the door of happi-
ness closes, another opens.
Often we look so long at the
closed door that we do not see
the one which has opened.
   A wise person escapes
temptation by leaving no
forwarding address. 
   We often spend our lives
between two thieves: regret
for the past and fear for the
future. 
   One of the ironies of the
human condition is that, when
one loses his way, one travels
twice as fast.
   A rich person is one who
can give a pet parrot to the
town gossip.
                              No revenge is as honor-
able as the one not taken.
                              Generalities are the refuge
of weak minds.
                              If we have reason to
doubt all our beliefs, what
reason have we to believe our
doubts?
                              One may casually deny
the principle of contradiction
by glibly contending that
everything is true and untrue.
                              Truth will not vanish in
the face of ridicule. Make a
statement that catches the
eye, satisfies the mind and
stays in the memory.
                              Be fair to yourself and to
your friend. Be done with vain
excuses, and make the most of
yourself, moving toward a
positive goal.
                              Attempt to live properly
so that when you die, even the
undertaker will be sorry.
   Genuine humor has a tendency to clear the air of
hypocrisy. 

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

  THE RIGHTS OF BLIND VENDORS UNDER THE RANDOLPH-
   SHEPPARD VENDING STAND ACT AND THE ELEVENTH 
                     AMENDMENT

              by Charles D. Nabarrete

   On February 6, 1996,
United States District Court
Judge John G. Davies ruled in
favor of Gina Martin in the
case of Brenda Premo et al v.
Gina Martin, et al, Case No.
CV 95-0546JGD (hereinafter
the Gina Martin case).
Following the issuance of
Judge Davies' order, the
Department of Rehabilitation
appealed, stating that one of
the primary reasons for the
appeal was its contention that
the State of California cannot
be sued for damages under the
Randolph-Sheppard Vending
Stand Act (the Act) because of
the protection of the 11th
Amendment's grant of
sovereign immunity to the
States. In light of the recent
United States Supreme Court
decision in Seminole Tribe of
Florida v. State of Florida 116
S. Ct. 1114 (1996), it is clear
that the Department of
Rehabilitation wants to deny
blind vendors who have
suffered a wrong under the
Act any access to the Federal
Courts to seek relief.
                              BACKGROUND: Gina
Martin brought an action
against the Department of
Rehabilitation (Department) as
a result of the Department's
failure to take effective action
when the management of the
general mail facility, where
Martin's stand was located,
entered into an unlawful break-
even contract with a
commercial vending company.
The unlawful agreement
authorized the private
company to operate vending
machines at the general mail
facility in direct competition
with Martin. In addition, Martin
alleged that the Department
failed to remodel her snack
bar, despite the Department's
recognition that remodeling
was necessary for Martin to
effectively conduct her
business. Martin alleged that,
as a result of the Department's
unlawful action, she suffered a
substantial loss of business
and subsequent termination of
her license.
   In April, 1994, an arbitra-
tion panel held a hearing at
which Martin and the Depart-
ment presented evidence and
testimony. On December 27,
1994, the arbitration panel
issued its decision which found
that the Department failed to
protect Martin's rights under
the Act, and that this failure
caused a substantial loss of
business to Martin. The arbitra-
tion panel also found that the
Department then shifted the
blame for the loss of business
to Martin and as a result
wrongfully terminated her
license under the program. The
panel awarded Martin four
hundred forty-nine thousand
nine hundred and twenty-three
dollars and seventy cents
($449,923.70) as damages for
loss of income, and also
ordered that Martin be reim-
bursed for her attorney fees
and costs. In addition, the
arbitration panel ordered the
Department to reinstate
Martin's license, and to place
her in another vending facility
comparable to the facility
where she had previously
been.
                              The Department's appeal
to the United States District
Court contended that the arbi-
tration panel lacked authority
to award, or enforce any
award, of damages against the
State of California pursuant to
the 11th Amendment to the
United States Constitution.
                              Further, the appeal con-
tended that the Department
was denied a fair hearing
because one of the arbitration
panelist had previously
represented Martin and further
because Martin's attorney, the
late Durward McDaniel, had
testified during the hearing as
an expert witness while acting
as Martin's attorney.
                              THE GINA MARTIN CASE.
Judge Davies rejected the De-
partment's contention that it
had been denied a fair hearing
and held that the arbitration
hearing in April, 1994, com-
ported to all the requirements
of due process and a fair
hearing. Judge Davies also
rejected the Department's
argument that he should follow
the rulings of two cases, one
from the Sixth Circuit Court of
Appeals and the other from the
Eighth Circuit Court of
Appeals, which held that an
award of an arbitration panel
convened under the Act was
unenforceable in Federal Court
because the Act does not
explicitly provide for the
enforcement of monetary
damages against a State
licensee, thereby holding the
States immune from suit in
federal court under the
Eleventh Amendment. Judge
Davies found the reasoning of
a case from the Third Circuit
Court of Appeals persuasive,
and stated:
   "The Randolph-Sheppard
Vending Stand Act clearly and
unequivocally requires States
participating in the Randolph-
Sheppard program to agree to
submit the grievances of ven-
dors to arbitration. As the term
arbitration is used in the Act, it
clearly contemplates the possi-
bility that an arbitration panel
will award monetary damages
and that such an award is
reviewable in Federal court as
a final action of the Secretary.
The overwhelming implication
that may be drawn from the
text of the Act is that the Act
requires participating States to
waive their Eleventh Amend-
ment immunity by requiring
them to agree to these pro-
cedures to resolve the
grievances of vendors.
Accordingly, the Court finds
that California by agreeing to
participate in the Randolph-
Sheppard program waived its
Eleventh Amendment immunity
to the extent of actions
brought by vendors under the
Act." Judge Davies affirmed
the award of the arbitration
panel in all respects. 
                              THE SEMINOLE TRIBE
CASE. The Supreme Court on
March 27, 1996, in the
Seminole Tribe case held that
the Eleventh Amendment
barred the Seminole tribe from
suing the State of Florida in
Federal court under the Indian
Gaming Regulatory Act (IGRA).
Under the IGRA an Indian tribe
which wishes to establish
gaming activities in a state
must have the State's agree-
ment for such activities. IGRA
imposes upon the state the
duty to engage in good faith
negotiations to arrive at an
agreement. If the two parties
are unable to resolve their
differences, IGRA then allows
the Indian tribe to sue the
State in Federal court. If the
court finds that the State did
not negotiate in good faith, it
may order the parties to submit
their last best offer to a
mediator who will choose the
plan which best conforms to
IGRA. After negotiations over
establishing gambling on its
reservation broke down, the
Seminole tribe sued the State
of Florida in Federal court
under the IGRA. The State of
Florida moved to dismiss the
lawsuit on the grounds that the
Eleventh Amendment made the
State of Florida immune from
such suits.
   In the Seminole Tribe
case, the Supreme Court was
sharply divided, issuing a
decision in which five Justices
agreed and four Justices dis-
agreed. The Court overruled
one of its previous decisions
and held that Congress did not
have the authority to abrogate
a State's sovereign immunity
under the Eleventh Amend-
ment pursuant to the interstate
commerce clause, which was
the authority claimed by
Congress to enact IGRA. The
Supreme Court stated that the
only authority under which
Congress may abrogate a
State's sovereign immunity is
the Fourteenth Amendment.
Chief Justice Rehnquist wrote
the majority opinion and was
joined by the four other
conservative Justices--
O'Connor, Kennedy, Scalia and
Thomas.
                              DISCUSSION. While
Judge Davies' opinion is well
reasoned and supported by
legal precedents, the conserv-
ative majority of the Supreme
Court, if the Gina Martin case
reaches the high court, could
very easily follow the reason-
ing in the Seminole Tribe case
and hold the State of California
immune from suit under the
Act. If the appellate courts
reverses Judge Davies' deci-
sion in the Gina Martin case,
blind vendors, like the
Seminole tribe, will not be able
to seek the protection of the
Federal courts to protect them
against actions of the State
licensee which violate the Act.
A blind vendor could seek a
hearing before an arbitration
panel but would be unable to
enforce any award of mone-
tary damages in Federal court.
As Justice Stevens wrote in
his stinging dissent in the
Seminole Tribe case, the basic
issue in that case was a
question of power. Similarly,
the Department wants to
deprive Blind vendors of their
power to sue the State of
California in Federal courts, if
the Department violates the
Blind vendor's rights under the
Act.                   ------------

                 AROUND THE STATE

          SIERRA REGIONAL SKI FOR LIGHT,
          Sat.-Mon., February 8-10, 1997 

   Skiing at Tahoe Donner
Cross Country, Truckee
California. Lodging at Tahoe
Truckee Inn, Truckee,
California. Cost: $120 if you
bring your own skis; $135 if
you need skis. The cost in-
cludes 2 nights lodging (double
occupancy), 2 breakfasts (Sun.
Mon.), 2 dinners (Sat. Sun.),
and trail passes. Ground trans-
portation between Sacramento
and Truckee will be provided. 
   For persons who live
outside Sacramento and need
lodging Friday night, rooms at
the La Quinta Inn will be
available for $30 (double
occupancy). Application
deadline Dec. 15, 1996. 
   Scholarships are available. 
For applications and further
information contact: 
   LISENBY
   3510 Gold Creek Ln.
   Sacramento, CA 95827 
   916-362-5759
                              SIERRA REGIONAL SKI
FOR LIGHT is a cross country
ski program based on that of
Ski For Light International.
Blind and visually impaired
participants will be paired with
sighted guides who will give
instruction and trail
descriptions throughout the
event. Our aim is to provide an
opportunity for people to
participate in a challenging
physical activity and learn
about the need for, and benefit
of, acquiring a more healthy
way of living. You don't have
to be an athlete or dedicated
skier. We encourage blind and
visually impaired persons to
apply, regardless of their skiing
experience. Important is the
interest in a recreational snow
sport and the desire to live a
more physically active life.
Application deadline Dec. 15,
1996. Scholarships are
available.
                   ------------