Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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Illegal Cash: Currency Discriminates Against Blind

May 20, 2008 4:04 PM

In a major ruling that could force changes to the nation’s currency, an influential federal appeals court ruled today that the uniform design of U.S. paper money discriminates against the blind and violates a federal disability law.

The decision, by the U.S. Court of Appeals for the D.C. Circuit, could require significant changes in paper money so that the blind can distinguish between different denominations and more easily and independently use cash.

“The current design of paper money springs from the world of the sighted,” the court said in a 2-1 decision. “Upon casual inspection, anyone with good vision can readily discern the value of U.S. currency; yet even the most searching tactile examination will reveal no difference between a $100 bill and a $1 bill.”

That uniform design, the court said, “appears to have been a result of the type of thoughtlessness and indifference” that the federal Rehabilitation Act, a disability discrimination law, was designed to prohibit.

The United States is one of the few major countries that does not vary the size or design of its currency to distinguish between denominations. Disability advocates argue that the uniform design of paper money denies the blind meaningful access to currency.

“Imagine if you had to rely on the good faith of complete strangers to count your money. It is truly is an unreasonable burden to put on anyone—and that’s really the case with the blind,” said Jeffrey Lovitky, the lawyer for the American Council for the Blind, which challenged the design of paper currency. “In conducting any kind of currency transaction, they are required to rely on the good faith of strangers.”

Lovitky said today’s ruling—the first of its kind by a federal appeals court—was a “landmark” that should force key design changes.

Unless the government takes the case to the Supreme Court, the ruling means the Treasury Department will have to develop proposed changes to the currency.
Some could be simple and effective, Lovitky said.

“There are many different, currently available, technically feasible methods they could choose,” he said.

The Euro, for example, has a small piece of foil on bills that varies in size based on denomination. Canadian currency is embossed with dots. Swedish currency has a texture that could be altered, depending on denomination.

Lovitky said it would cost about $50 million to change the currency, an amount that would be absorbed by the banking system.

The case came about in 2002, when the American Council for the Blind sued, alleging the design of US paper money violates a federal law that prohibits the government from discriminating against people with disabilities.

The government had argued that the design of money did not impose an unreasonable burden on the blind because they had alternatives to cash, such as credit cards, and could rely on portable currency readers or the assistance of strangers. It also argued that changing the currency would be expensive and impact third parties, such as the vending machine industry.

But the appeals court rejected those arguments, calling them unpersuasive, and at one point, “somewhat astounding.”

“The (government’s) argument is analogous to contending that merely because the mobility impaired may be able either to rely on the assistance of strangers or to crawl on all fours in navigating architectural obstacles, they are not denied meaningful access to public buildings,” the court said, in a decision written by Judge Judith Rogers and joined by Judge Thomas Griffith.

Such dependence, the court said, “places the visually impaired at a distinct disadvantage in two-way transactions involving paper currency because they can neither control the actions of those which home they deal nor independently discern whether the paper currency they receive is correct.”

Judge Raymond Randolph dissented, arguing the court had taken up the case prematurely.

May 20, 2008 | Permalink | User Comments (45)

User Comments

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Hmmmm - would UPC codes have to be made to avoid discrimination and indicate clothing is sky blue but feels like spring green? Does the military discriminate because a blind person cannot serve in the infantry? Do IRS checks have to be made not to discriminate - what about social service issues like food stamps? I am so pro-advantage to everyone and leveling the field it makes my ultra-liberal friends made, but some things being these days require tossing common sense out the window for "political correct" posturing. I know many a blind person that would like some tech assistance with the new technology we have rather than tackling currency do-overs - but the former would prove cheaper in the long run and more beneficial, so guess common sense goes out the window again. But somewhere, someplace there is a person who believes the cause championed is worth more than logical choices to be made - they're happy. Now I have a seeing-eye dog that helps a blind citizen whose living condition is not equal to the pet pooch in the White House - someone want to do something politically correct?

Posted by: OnTheGloryRoad | May 20, 2008 6:33:22 PM

I know MANY blind people who have used our paper currency for years and have seldom if ever been short-changed. They simply ask the person at the bank, when they recieve their money, what different bills are and then fold the money in such a way as to differentiate each denomination. Changing the way the paper money feels is just another way for the government to charge taxpayers more money.

Posted by: Rayne | May 20, 2008 6:50:34 PM


A NATION OF LITIGIOUS FOOLS LED BY GREEDY LAWYERS.

NOW WE CHANGE THE CURRENCY FOR THE 3RD TIME IN 2 YEARS.

WHAT WILL THAT COST?

WILL IT FURTHER DEVALUE THE DOLLAR OVERSEAS?

.... OR PRECIPITATE A DUMPING OF 'BAD' DOLLARS GLOBALLY AND CREATE A RESULTING GLOBAL DEPRESSION?

IT IS JUSTICE THAT IS BLIND.

AND SOME PEOPLE IN GOVERNMENT LACKING COMMON SENSE.

NUTZ.

Posted by: Chuck | May 20, 2008 6:51:43 PM

I saw braile on a drive up ATM today. What's up with that?

Posted by: idontgetit | May 20, 2008 6:56:30 PM

This is big leap forward for the blind. Having had the opportunity to live previously as a non-disabled person and now as a disabled person, I believe the world generally discrminates against ALL handicap people.

Posted by: bill shearer | May 20, 2008 6:58:06 PM

I honest to G-d think some of you are completely unable to post without mentioning Iraq.You must be just fascinating to talk to in person.

Posted by: MM | May 20, 2008 7:02:53 PM

Sorry to hijack but this would be a great opportunity to phase out the dollar bill and maybe the five. Why do we continue to make these paper notes that last months when a coin version will last decades? We have tens of millions of "golden dollar" coins sitting in vaults waiting to go to banks and be used. C'mon government, be thrifty and smart.

Posted by: TSnow27604 | May 20, 2008 7:11:45 PM

I think Ralph and his colleagues are right on this one. After all there are other groups that don't get any support for their disabilities.

For instance being blind may be horrible, but being born stupid is far worse. Every day in this country millions of barely sentient people are left to wonder the streets with no help at all. They don't have special idiot-accessible entrances to help them get inside buildings when they can't work out how to use the door. Not even a Government grant or weekly support check to allow them to buy specially adapted shoes with right and left written on them so they don't go out with them on the wrong feet... its a crying shame... because if they did then some of the posters in this thread would be getting more money back than they pay in taxes.

You know I despair when I read some of the posts. If spending $50 million helps people live their lives independently then it is a small price to pay. Some of you need to stop thinking in terms of "your" tax dollar. The money the Government receives is from all of us. There are some things I disagree with that my money gets spent on, and there are some things you disagree with that your money gets spent on. So let's just pretend that its my money that is going to pay for the blind to have new notes, and that your money is going to pay for something you care about. That way we can all be happy.

BM

Posted by: BannerMan | May 20, 2008 8:10:33 PM

OH...MY...GOD. These liberals are ruining this country. WE CAN'T PLEASE EVERYBODY!!!! This politically correct garbage is getting really irritating. What's next? The treasury department is called racist because all the people printed on money are white?? For real, why can't you guys talk about the NEWS? Like your golden boy Obama's policies. I've yet to hear one. McCain 08

Posted by: Ryan | May 20, 2008 8:15:19 PM

This ruling is absolutely terrible. Yes, it will cost AT LEAST $50 million to change the currency, if not much more. What people forget is that in a time when the US Dollar is weak around the world, fiddling with the currency is the worst thing we can do. Because the US $ is a de facto currency in tens of countries around the world, changing the nature of the notes will cause individuals not in the US to become confused with the currency. This will escalate the downward push on the US $ which will only make things like gas and food more expensive.

From a legal perspective this is also a terrible decision. No doubt the individuals sued on an equal protection basis. However, if an association for the blind is the only plaintiff this suit should have been thrown out immediately because they would not be able to bring suit. Second, on an equal protection basis this case fails because there are a plethora of options for individuals to not use cash. Think about it. When fast food restaurants take credit cards nobody is being put at a disadvantage.

This is why we need to get rid of these activist judges who help ruin America.

Posted by: Terrible Decision | May 20, 2008 8:37:51 PM

Thank you American Council for the Blind for taking action to protect the legal rights of blind persons! Variations in size and color of the different denominations of paper money will make it less likely that sighted people will make errors with their own cash as well.

Posted by: Iatros68 | May 20, 2008 8:51:30 PM

My father is going blind and he has to have someone help him out when paying for something at the store. And to those people here who have complained about how it will ruin everything and how much it will cost and how much they hate political correct-ness and how the "liberals" are ruining this country. CRY ME A RIVER!

Posted by: TommyRot | May 20, 2008 8:57:40 PM

First of all, this is a real victory for The American Council of the Blind, and for all people who are visually impaired or blind. What if some of you had blank bills and couldn't tell the difference between a $1 bill and a $10 bill? Is that ok with you?

Over 180 other countries have accessible currency, and the richest, most advanced country in the world can't find a way to make currency accessible? There are lawyers, doctors, teachers, managers, and others who are blind, who have to ask what bills they are handed in a money transaction.

I have experienced being ripped off, and I certainly try to keep my money folded correctly. Believe me, it happens. It seems like some of you who are able to see tell me that I don't have the right to know what denominations I have in my wallet. You are taking your ability to handle your money independently for granted!

Congrats to my ACB colleagues for fighting the good fight

Naomi
American Council of the Blind

Posted by: Naomi Soule | May 20, 2008 9:09:38 PM

Just put braille dots on the money and it will cost next to nothing to do it. Use a punch machine to raise the dots, but not puncture the money. Say on one end or in the middle.

Posted by: burke | May 20, 2008 9:46:46 PM

I know many blind people who would be so grateful if a difference was made between the different types of currency. I am visually impaired myself and I believe the government would have many grateful people. Embossing the money would be so much easier for the blind and visually impaired to manage instead of folding each piece of paper money in a certain way.

Posted by: Kate | May 20, 2008 10:03:25 PM

Gee what is next, our money will have to also have Spanish and Arabic versions... No offense but are we not carrying things a tad too far here. I mean our money has been this way for over 200 years.... SHEESH

Posted by: donsemora | May 20, 2008 10:22:46 PM

My Dad is blind, and I have never heard him say anything about the touch of bills being different. He can differentiate between the bills by asking myself or someone at the bank what the bill is, and then folding it a certain way. Honestly, I don't think this is a big deal, and I doubt he would think it is. I think it is rediculous how some people seem to be mad at the blind or complaining about this. Most blind people can get by just fine, but that doesn't mean it is very easy to do.

Posted by: Andrew | May 20, 2008 10:31:48 PM

donsemora - try walking in a blind person's shoes before complaining. As for 200 years, we had slavery 200 years ago too. Just because something is old doesn't make it good. Our country SHOULD do something different with our money. Some countries use a form of plastic instead of paper so that is lasts longer. They also use lots of colors to foil counterfeiters. What is wrong with a total re-think about our money, it is long overdue.

Posted by: TommyRot | May 20, 2008 11:01:35 PM

You are right, our money has been this way for over 200 years. Isn't it time that it was improved?

I have been in foreign countries that had different sizes and shapes of money, and although it takes some getting used to, it is a good idea. But I agree with the coin possibility as well. We already have $1 coins that are useful for the blind, and it would be easy to make a unique $5 coin as well. They last alot longer, and cost to produce is pretty similiar, plus they are a heck of a lot harder to forge. Keep the current size bill for the $20, maybe something like monopoly size for the $10, make the $100 about the size of a business check, and make the $50 square. This would make a huge difference for the visually impaired. If someone were to cut the bills, to try to fool the blind, then it would only devalue the bill. If you want to place colors on the bill fine, if not fine. If people can see the color, then they could see the shape too. As far as Braille, that would be a nice option to have on the bills as well. As stated, it would be cheap to add, but I don't think that it should be the only differentiation. Dots can wear down or be intentionally flattened out to alter the amount.

I admit credit and debit cards are everywhere today, but what if the cashier rings up $115 for your $15 grocery bill? The blind person can't see the dollar amount on the credit slip they are signing. Or the wonderful debit card machines everywhere, there is no standards in shape or function. Everytime I use one I have to figure out if the stripe goes to the right or the left, if you swipe first, then punch buttons, or punch buttons first, then swipe. It is crazy! And again, the debit machines have visual displays, even if a blind individual knew which buttons to press in what order at the store, what is to prevent the cashier from keying in a higher amount and keeping the cash for themselves?

I will not be fond of dealing with large $100 dollar bills in my wallet (rarely), but I am certainly willing to adapt in that small way to allow the visually impaired people around me to be more self sufficent, and not have to trust strangers.

I know that it will affect the vending machines, and automatic checkout machines in stores, but I guess that is the just part of the cost of doing business. Perhaps the government could give small retailers a tax rebate to help with the cost.

Actually for vending machines they could just get rid of the bill changers. If the $1 coin and the $5 coin are accepted by the soda machine, things should be fine. Show me a soda or vending machine today that will take a $20 for a Coke. I am unaware of any.

I say, "Show me the new money!"

Patrick in Illinois

Posted by: Patrick | May 20, 2008 11:10:19 PM

With the technology available today, a small scanner could be invented which could scan the bill and audibly report the denomination. It would be a bother to carry one, but might be a temporary solution until we change our paper currency.

Posted by: Debbie | May 20, 2008 11:27:44 PM

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