Sunday, May 25, 2008

Paper Money and Discrimination Against the Blind

I always get a bit of resistance from my students when I broach civil rights questions in terms of alcoholism or which hand one writes with. The chronically sober and the right handed find it difficult to understand grievances that might exist against the greater society regarding policies established by majorities with little reason to see things from the perspective of the minority. What might seem trivial to the majority is not to the minority.

So it seems with a longstanding grievance the blind have had with U.S. paper money--though not with coins. Bills of different denominations are impossible to distinguish and therefore make the blind subject to deception. If you saw the movie "Ray" you might recall the scene where Ray Charles is paid in $1 dollar bills, at his request, because he is best able to ensure proper payment that way.

In a 2-1 decision by the U.S. Court of Appeals for D.C. (generally considered the most important of the appeals courts) in a case involving the American Council for the Blind and Henry Paulson the secretary of the Treasury the court ruled that the current design of bills did in fact discriminate against the blind and rejected the government's contention that changing bills would create an undue burden not only on government but on the private sector--for example vending machine operators.

From the NYT article:

What happens next is not certain. The government could appeal to the full 13-member appeals court (one of whose judges, David S. Tatel, is blind), or it could seek quick review by the Supreme Court, a step it has 90 days to take.

“We’re reviewing the court’s ruling at this juncture, and no determination has been made as to the government’s next step,” said Charles Miller, a spokesman for the Department of Justice, which argued the case on behalf of the Treasury Department.

The Treasury Department said it, too, was reviewing the ruling. In the meantime, the department has been working “to improve the nation’s paper currency to best serve the needs of all Americans, including those who are blind or visually impaired,” said Brookly McLaughlin, deputy assistant secretary for public affairs.

Ms. McLaughlin said the Bureau of Engraving and Printing, the Treasury agency that makes paper money, had already contracted with a research firm to study ways to help those who are blind or have poor vision. The results of the study will be available early next year and will be considered when new currency-production equipment is introduced, she said.

Further, in a limited step to help those with some vision, the most recent $5 bill, introduced this year, features an extra-large “5” on one side.

A lawyer for the American Council of the Blind, which brought the lawsuit in 2002, said he hoped that the government, “instead of litigating the issue, would solve the problem.” The Treasury Department has the means and technology to change the design of American currency to help the blind, said the lawyer, Jeffrey A. Lovitky of Washington.

“It’s just a question of willingness,” he said.

Given my previous post, let's apply the same question: Is this an example of judicial imperialism or are the courts using their power to force a sensible change in policy?