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Kahua Ho'oma/u Kina ~
PROTECTION AND ADVOCACY AGEN~If`Of HAdVAII
A Place of Protection for People tri~i~gapjli fi,Q; 1 ~ 8
WAYNE TANNA, Esq. f r U UU L'j GARY L. SMITH
President Executive Director
r.~ _ gls~pizi.com
i
November 18, 1999
The Honorable Chairman James Y. Arakaki
and Members of the Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Re: Real Time Captioning for County Council television coverage.
Dear Chairman Arakaki and County Council Members:
The Protection and Advocacy Agency of Hawaii respectfully requests that the County
include "real time captioning" as a requirement of the bid proposal for all future County
Council television coverage. It is our understanding that there are approximately one
thousand Hawaii County citizens with hearing impairment. These citizens have a right
to participate effectively in their county's business.
It should be noted that Title II of the Americans with Disabilities Act and the Federal
regulations implementing the Act require such accommodations in communication for
people with disabilities. A public entity must take appropriate steps to ensure that
communications with applicants, participants, and members of the public with
disabilities are as effective as communications with others. [28 CFR Sec. 35.160(a)] A ~
public entity must furnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal opportunity to participate in, and enjoy the ~
benefits of, a service, program, or activity conducted by a public entity. [28 CFR Sec. ~
35.160(b)(1)] Television and videotape programming produced by public entities are 1:
covered by 28 CFR Sec. 35.160. Access to audio portions of such programming may ~ ~
be provided by closed captioning. [Appx. A to 28 CFR Sec. 35.160] All governmental m ~ ~ ~
activities of public entities are covered by the Act and the regulations, even if they are
carried out by contractors. [Appx. A to 28 CFR Sec. 35.102]
It is our hope that effective communications can be provided for all of the citizens of z ~ A
Hawaii County, and that real time captioning can be implemented without further delay. $ ~
Honolulu East Hawaii (Hilo) West Hawaii (Kona) Kauai Maui
1580 Makaloa St. Ste. 1060 P O Box 1509 P O Box 6906 P O Box 302 P O Box 330044
Honolulu HI 96814 Kailua-Kona HI 96745 Ocean View HI 96737 Hanalei HI 96714 Kahului HI 96733
vttty: (808) 949-2922 voice: (808) 3340630 voice: (808) 939-8466 voice: (808) 826-4697 voice: (808) 2448013
fax: (808) 949-2928 fax: (808) 3340629 fax: (808) 939-8453 fax: (808) 826-4698 fax: (808) 249-0021
Statewide Toll Free: vltty 1-800-882-1057 ? Email: pahi@pixi.com ? Web Page: http:/Iwww.pixi.corN-pahi
Q0~
The Honorable Chairman James Y. Arakaki
and Members of the Hawaii County Council
County of Hawaii
November 18, 1999
Page Two
Please distribute copies of this correspondence to all members of the Hawaii County
Council.
Thank you very much for your time reading this correspondence regarding this issue,
and thank you for the County Council's consideration of this request.
Respectfully submitted,
Richard C. Luckham
Staff Attorney -East Hawaii
Cc: Mayor Stephen K. Yamashiro;
Laura L. Tobosa, Chairperson,
Committee on People with Disabilities;
Disability Rights Hawaii;
Melvin and Dixie Kaetsu.