Let’s finally bury the terms “wheelchair-bound” and “confined to a wheelchair”!

For someone whose legs don’t work or don’t work well, a wheelchair is a device of liberation, opening up many places s/he couldn’t reach otherwise. With the aid of a wheelchair, a person with walking disabilities can run errands, walk in the park, hold a job that might be otherwise unavailable…

Language, too, can be liberating, instead of restricting. How about “uses a wheelchair” or “is in a wheelchair”? The way we frame things influences how we and others perceive them—that’s the secret of marketing, of politics, of education, and of changing the world. Let’s market the idea that people with disabilities can be strong, healthy, active participants in society, not bound to the furniture.

And while we’re at it, let’s do a better job of making more things accessible to people who use wheelchairs. That means more curb cuts, wider doorways, and wider bathrooms. It means rethinking transportation of people with disabilities,

Kangaroo electric wheelchair car—One way to rethink transportation for wheelchair users
One way to rethink transportation for wheelchair users

changing the ways we wait in lines, and of course, how we design wheelchairs. It means thinking about the field of vision of someone whose head is several feet lower than a standing male adult.

And also it means being much more accurate in our descriptions of just about everything. Example: If you run a restaurant and the bathroom is a 24-inch-wide sliver of space on the main floor with barely enough room for a standing human to turn around—or worse, down a steep flight of steps and a narrow hallway in the basement—don’t describe your restaurant as wheelchair-accessible, even if the front door is barrier-free.

Fix things so your place of business really IS accessible. As Boomers age and our bodies get less reliable, this makes good business sense, because more of your customers will continue to be able to visit your business.

Note: I am able-bodied. I wrote this in response to seeing a “wheelchair-bound” comment from a marketing friend in his late 50s. My views on this have been shaped by:

  1. My experience in my early 20s as a paid organizer for an elder’s rights organization
  2. Seeing the incredible things that people with disabilities have been able to accomplish when society accepts them as people who can contribute and doesn’t treat them as a burden—and noticing how much more that was in evidence after physical barriers began, slowly, to be eliminated once  the Americans with Disabilities Act of 1990 took effect.
  3. Hosting a meeting and discovering that someone who wanted to attend couldn’t come because I lived at the time in a second-floor walk-up
  4. 6 years in my 30s and 40s as an official city-appointed member of the Northampton, Massachusetts Commission on Disability, dealing with such issues as how local theaters could provide access to people with mobility impairments
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Thank you, Commissioners Mignon Clyburn and Jessica Rosenworcel for speaking truth to power. Since this is published on the FCC website, Clyburn’s is an official federal document, and thus automatically in the public domain. Please reprint widely. Rosenworcel’s may be as well, but I found it on CNET so am linking, not reprinting.

Note: I met Commissioner Clyburn several years ago when she addressed a National Conference on Media Reform. I was impressed with her as a speaker Now I am impressed with her as a writer, too.

DISSENTING STATEMENT OF COMMISSIONER MIGNON CLYBURN Re: Destroying Internet Freedom, WC Docket No. 17-108

Dissenting FCC Commissioner Mignon Clyburn in 2014 (courtesy Wikipedia)
Dissenting FCC Commissioner Mignon Clyburn in 2014 (courtesy Wikipedia)

“I dissent. I dissent from this fiercely spun, legally lightweight, consumer-harming, corporate-enabling Destroying Internet Freedom Order.

“I dissent, because I am among the millions who is outraged. Outraged, because the FCC pulls its own teeth, abdicating responsibility to protect the nation’s broadband consumers. Why are we witnessing such an unprecedented groundswell of public support, for keeping the 2015 net neutrality protections in place? Because the public can plainly see, that a soon-to-be-toothless FCC is handing the keys to the internet — the internet, one of the most remarkable, empowering, enabling inventions of our lifetime — over to a handful of multibillion dollar corporations. And if past is prologue, those very same broadband internet service providers, that the majority says you should trust to do right by you, will put profits and shareholder returns above what is best for you.

“Each of us raised our right hands when we were sworn in as FCC Commissioners, took an oath and promised to uphold our duties and responsibilities ‘to make available, so far as possible, to all the people of the United States, without discrimination… a rapid, efficient, nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges.’ Today the FCC majority officially abandons that pledge and millions have taken note.

“I do not believe that there are any FCC or Congressional offices immune to the deluge of consumer outcry. We are even hearing about state and local offices fielding calls and what is always newsworthy is that at last count, five Republican Members of Congress went on the record in calling for a halt of today’s vote. Why such a bipartisan outcry? Because the large majority of Americans are in favor of keeping strong net neutrality rules in place. The sad thing about this commentary, it pains me to say, is what I can only describe as the new norm at the FCC: a majority that is ignoring the will of the people. A majority that will stand idly by while the people they serve lose.

“We have heard story after story of what net neutrality means to consumers and small businesses from places as diverse as Los Angeles’ Skid Row and Marietta, Ohio. I hold in my hand letters that plead with the FCC to keep our net neutrality rules in place but what is striking and in keeping with the new norm, despite the millions of comments, letters and calls received, this Order cites not even one. That speaks volumes about the direction the FCC is heading. That speaks volumes about just who is being heard.

“Sole proprietors, whose entire business model, depends on an open internet, are worried that the absence of clear and enforceable net neutrality protections will result in higher costs and fewer benefits because you see: they are not able to pay tolls for premium access. Even large online businesses have weighed in, expressing concern about being subject to added charges as they simply try to reach their own customers. Engineers have submitted comments including many of the internet’s pioneers, sharing with the FCC majority, the fundamentals of how the internet works because from where they sit, there is no way that an item like this would ever see the light of day, if the majority understood the platform some of them helped to create.

“I have heard from innovators, worried that we are standing up a mother-may-I regime, where the broadband provider becomes arbiter of acceptable online business models. And yes, I have heard from consumers, who are worried given that their broadband provider has already shown that they will charge inscrutable below-the-line fees, raise prices unexpectedly and put consumers on hold for hours at a time. Who will have their best interests at heart in a world without clear and enforceable rules overseen by an agency with clear enforcement authority? A toothless FCC?

“There has been a darker side to all of this over the past few weeks. Threats and intimidation. Personal attacks. Nazis cheering. Russian influence. Fake comments. Those are unacceptable. Some are illegal. They all are to be rejected. But what is also not acceptable is the FCC’s refusal to cooperate with state attorney general investigations, or allow evidence in the record that would undercut a preordained outcome.

“Many have asked, what happens next? How will all of this — net neutrality, my internet experience — look after today? My answer is simple. When the current protections are abandoned, and the rules that have been officially in place since 2015 are repealed, we will have a Cheshire cat version of net neutrality. We will be in a world where regulatory substance fades to black, and all that is left is a broadband provider’s toothy grin and those oh so comforting words: We have every incentive to do the right thing. What they will soon have is every incentive to do their own thing.

“Now the results of throwing out your net neutrality protections may not be felt right away. Most of us will get up tomorrow morning and over the next week wade through hundreds of headlines, turn away from those endless prognosticators and submerge ourselves in a sea of holiday bliss. But what we have wrought will one day be apparent and by then, when you really see what has changed, I fear, it may not only be too late to do anything about it, because there will be no agency empowered to address your concerns. This item insidiously ensures the FCC will never be able to fully grasp the harm it may have unleashed on the internet ecosystem. And that inability might lead decision-makers to conclude, that the next internet startup that failed to flourish and attempted to seek relief, simply had a bad business plan, when in fact what was missing was a level playing field online.

“Particularly damning is what today’s repeal will mean for marginalized groups, like communities of color, that rely on platforms like the internet to communicate, because traditional outlets do not consider their issues or concerns worthy of any coverage. It was through social media that the world first heard about Ferguson, Missouri, because legacy news outlets did not consider it important until the hashtag started trending. It has been through online video services that targeted entertainment has thrived, where stories are finally being told because those same programming were repeatedly rejected by mainstream distribution and media outlets. And it has been through secure messaging platforms, where activists have communicated and organized for justice without gatekeepers with differing opinions blocking them.

“Where will the next significant attack on internet freedom come from? Maybe from a broadband provider allowing its network to congest, making a high-traffic video provider ask what more can it pay to make the pain stop. That will never happen you say? Well it already has. The difference now, is the open question of what is stopping them? The difference after today’s vote, is that no one will be able to stop them.

“Maybe several providers will quietly roll out paid prioritization packages that enable deep-pocketed players to cut the queue. Maybe a vertically integrated broadband provider decides that it will favor its own apps and services. Or some high-value internet-of-things traffic will be subject to an additional fee. Maybe some of these actions will be cloaked under nondisclosure agreements and wrapped up in mandatory arbitration clauses so that it will be a breach of contract to disclose these publicly or take the provider to court over any wrongdoing. Some may say ‘Of Course this will never happen?” After today’s vote, what will be in place to stop them?

“What we do know, is that broadband providers did not even wait for the ink to dry on this Order before making their moves. One broadband provider, who had in the past promised to not engage in paid prioritization, has now quietly dropped that promise from its list of commitments on its website. What’s next? Blocking or throttling? That will never happen? After today’s vote, exactly who is the cop of the beat that can or will stop them?

“And just who will be impacted the most? Consumers and small businesses, that’s who. The internet continues to evolve and has become ever more critical for every participant in our 21st century ecosystem: Government services have migrated online, as have educational opportunities and job notices and applications, but at the same time, broadband providers have continued to consolidate, becoming bigger. They own their own content, they own media companies and they own or have an interest in other types of services.

“Why are millions so alarmed? Because they understand the risks this all poses and even those who may not know what Title II authority is, know that they will be at risk without it.

“I have been asking myself repeatedly, why the majority is so singularly focused on overturning these wildly popular rules? Is it simply because they felt that the 2015 net neutrality order, which threw out over 700 rules and dispensed with more than 25 provisions, was too heavy-handed? Is this a ploy to create a ‘need’ for legislation where there was none before? Or is it to establish uncertainty where little previously existed?

“Is it a tactic to undermine the net neutrality protections adopted in 2015 that are currently parked at the Supreme Court? You know, the same rules that were resoundingly upheld by the DC Circuit last year? No doubt, we will see a rush to the courthouse, asking the Supreme Court to vacate and remand the substantive rules we fought so hard for over the past few years, because today, the FCC uses legally suspect means to clear the decks of substantive protections for consumers and competition.

“It is abundantly clear why we see so much bad process with this item: because the fix was already in. There is no real mention of the thousands of net neutrality complaints filed by consumers. Why? The majority has refused to put them in the record while maintaining the rhetoric that there have been no real violations. Record evidence of the massive incentives and abilities of broadband providers to act in anti-competitive ways are missing from the docket? Why? Because they have refused to use the data and knowledge the agency does have, and has relied upon in the past to inform our merger reviews. As the majority has shown again and again, the views of individuals do not matter, including the views of those who care deeply about the substance, but are not Washington insiders.

“There is a basic fallacy underlying the majority’s actions and rhetoric today: the assumption of what is best for broadband providers is best for America. Breathless claims about unshackling broadband services from unnecessary regulation are only about ensuring that broadband providers have the keys to the internet. Assertions that this is merely a return to some imaginary status quo ante, cannot hide the fact, that this is the very first time that the FCC has disavowed substantive protections for consumers online.

“And when the current, 2015 net neutrality rules are laid to waste, we may be left with no single authority with the power to protect consumers. Now this Order loudly crows about handing over authority of broadband to the FTC, but what is absent from the Order and glossed over in that haphazardly issued afterthought of a Memorandum of Understanding or MOU, is that the FTC is an agency, with no technical expertise in telecommunications; the FTC is an agency that may not even have authority over broadband providers in the first instance; the FTC is an agency that if you can even reach that high bar of proving unfair or deceptive practices and that there is substantialconsumer injury, it will take years upon years to remedy. But don’t just take my word for it: even one of the FTC’s own Commissioners has articulated these very concerns. And if you’re wondering why the FCC is preempting state consumer protection laws in this item without notice, let me help you with a simple jingle that you can easily commit to memory: If it benefits industry, preemption is good; if it benefits consumers, preemption is bad.

“Reclassification of broadband will do more than wreak havoc on net neutrality. It will also undermine our universal service construct for years to come, something which the Order implicitly acknowledges. It will undermine the Lifeline program. It will weaken our ability to support robust broadband infrastructure deployment. And what we will soon find out, is what a broadband market unencumbered by robust consumer protections will look like. I suspect the result will not be pretty.

“I know there are many questions on the mind of Americans right now, including what the repeal of net neutrality will mean for them. To help answer outstanding questions I will host a town hall through Twitter next Tuesday at 2 p.m. ET. What saddens me is that the agency that is supposed to protect you is abandoning you, but what I am pleased to be able to say is the fight to save net neutrality does not end today. This agency does not have, the final word. Thank goodness.

“As I close my eulogy of our 2015 net neutrality rules, carefully crafted rules that struck an appropriate balance in providing consumer protections and enabling opportunities and investment, I take ironic comfort in the words of then Commissioner Pai from 2015, because I believe this will ring true about this Destroying Internet Freedom Order:

I am optimistic, that we will look back on today’s vote as an aberration, a temporary deviation from the bipartisan path, that has served us so well. I don’t know whether this plan will be vacated by a court, reversed by Congress, or overturned by a future Commission. But I do believe that its days are numbered.

“Amen to that, Mr. Chairman. Amen to that.”

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So, great—Time Magazine wants public feedback on its 33 finalists for Person of the Year. I love to share my views, so of course I clicked over to participate. But I couldn’t find a way to see the list of nominees without scrolling through 33 yes-or-no votes, one at a time. Not knowing the full list, I don’t want to vote prematurely. Doesn’t look like there’s a way to go back and undo a choice.

Time Magazine's Person of the Year poll doesn't let you see the choices before voting
Time Magazine’s Person of the Year Poll Doesn’t Let You See the Choices Before Voting

I’d ask them but can’t even find a contact page except for subscriber support (and I’m not a subscriber). 

Besides, if you only want to (and are eligible to) vote for one, why would they make us go through 32 no votes? It would be very easy to have a grid of 33 captioned pictures, and you could click on the one you want to vote for. It also doesn’t say as you’re voting (or even when you’re done) whether a later yes vote invalidates the earlier one. If it doesn’t, that would justify the format, but they should explain this. If it does, it makes the situation even worse.

This is so lame, and I feel so disenfranchised! You’d think Time would have better user interface design. Ugh!

Oh, here’s the secret, which I discovered when I went back to grab a screen shot: There’s one little red line to click, directly beneath the huge graphic, if you want to see the results so far—and that shows the list.

Time's Person of the Year Poll—secret key to see the list
Time’s Person of the Year Poll—Secret Key to See the List

Still have to make the ridiculous 33 checkmarks and 76 unnecessary clicks, but at least you can cast an informed vote. Saudi Arabia’s power-grabbing prince is currently well in the lead. I cast my vote for the #metoo hashtag, even if the idea of a hashtag being a person is almost even stranger than the idea that corporations are people.

It’s good to see a good spectrum of cultural and political diversity in the finalists, from low-income people of color to rich white men with reactionary views. Other nominees I could have supported included San Juan (Puerto Rico) mayor Carmen Yulín, Colin Kaepernick, Pope Frances, and the Dreamer kids. Surprisingly, Standing Rock Water Protectors were not on the list.

Time Poll—First screen of the list
Time Poll—First screen of the list

For decades, I’ve felt that if I got to make the rules for life, one of them would be this: no product goes to market until its designers had lived with it for 6 to 12 months and tested it thoroughly. From a user point of view, this poll is a perfect example of why we need a rule like that.

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You know all those messages that say “This call may be monitored or recorded to ensure quality?” I always used to wonder what that actually meant. My best guess was that it was to make sure customer service reps (CSRs) toed the party line.

Yesterday, I found out.

I called my cell phone provider to complain about hundreds of dollars in international charges. Back in May, before my wife and I went traveling abroad, I’d called the company to ask about what is or isn’t chargeable when traveling out-of-country, before the first of several trips abroad.

At that time, the customer service person assured me that any call made TO a US number would be free. But our bills showed charges of 20 cents per minute, and my son was on a three-month European tour as a traveling musician this fall, and because we thought it was free, he used the phone. A lot!

The writer's son checking his phone (at the Women's March in Washington, January 21, 2017)
My son checking his phone (at the Women’s March in Washington, January 21, 2017). Photo by Shel Horowitz.

The first person I spoke with yesterday told me it was only free over wi-fi. This was very annoying, because I had switched to this company largely because of the promise of seamless international service. When I got put through to a supervisor, he told me he wanted to track down the original phone call and listen to it. He called me back about an hour later with the good news that he was crediting everything I asked for. Here’s a piece of his email confirmation.

Hi Shel,

It was good speaking with you earlier. I know these past few bills caught you by surprise, but I am so glad I could help you out with some of these charges. I have submitted two requests to cover these charges that came out to a total of $419.58. The first request will remove $229.28 from your latest November 14 Project Fi bill. I have also submitted a request to refund a total of $190.30 from your previous two Project Fi bills.
I did suggest that the company be considerably more forthright in its marketing, and the supervisor said he’d run across other similar situations and agreed. But I certainly can’t fault the customer service, and am very happy to learn that recording a customer service call actually can lead to happy outcomes.
Lesson for the future: any time I am in a customer service dispute involving an oral promise, I need to remember that *I* can ask them to go back and listen to the original call. The worst they can say is no.
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