United States District Court, E.D. New York
VICTOR ANDREWS, on behalf of himself and all others similarly situated, Plaintiff,
BLICK ART MATERIALS, LLC, Defendant.
AMENDED MEMORANDUM ON THE COURT'S PREPARATION IN
ANTICIPATION OF THE SCIENCE DAY HEARING
B. Weinstein, Senior United States District Judge.
court has scheduled a "Science Day" hearing to be
held on October 18 and 19, 2017. See ECF No. 25. Its
purpose is to assist the court in learning about technology
and other factors relevant to the case.
anticipation of this hearing, the court has begun its own
research on some of the technical issues which may be raised
with respect to blind people using the Internet to
"see" for purchases and related matters. See
Andrews v. Blick Art Materials, LLC, 2017 WL 3278898
(E.D.N.Y. Aug. 1, 2017).
to good practice, when a court engages in such independent
research, it should keep the parties fully informed.
"In [non-jury settings], . . . conferences can be used
to allow the court to instruct itself from outside sources,
and rules such as those limiting access to treatises have
little applicability. What is vital, however, even in a bench
trial, is that the parties be made aware of what information
the judge is using and that they be given time to submit
information to meet what they consider to be unreliable
Margaret A. Berger, et al., Evidence Manual Student
Edition § 4.02, at 4-6 (9th ed.
knowledge gained through this independent investigation is
expected to aid in the efficient resolution of the case. It
will help enable the court to more fully engage with the
experts and materials the parties present.
far, the court has collected the following articles, papers,
and abstracts for study:
1. Ravi Kuber, Wai Yu, and M. Sile O'Modhrain,
Evaluation of Haptic HTML Mappings Derived from a Novel
Methodology, ACM Transactions on Accessible Computing,
Vol. 3, No. 4, Art. No. 12 (Apr. 2011)
2. Stephanie Giraud, Pierre Therousanne, and Dirk D. Steiner,
Conceptualization of a technical solution for web
navigation of visually impaired people, IHM '15
Proceedings of the 27th Conference on l'Tnteraction
Homme-Machine, Art. No. 24 (Oct. 27, 2015)
3. Andrii Soviak, Haptic Gloves for Audio-Tactile Web
Accessibility, W4A '15 Proceedings of the 12th Web
for All Conference, Art. No. 40 (May 18, 2015)
4. Kirk Norman, Yevgeniy Arber, and Ravi Kuber, How
Accessible is the Process of Web Interface Design?,
ASSETS '13 Proceedings of the 15th International ACM
SIGACCESS Conference on Computers and Accessibility, Art. No.
51 (Oct. 21, 2013)
5. Roberto Manduchi and James Coughlan, (Computer) Vision
Without Sight, 55 Communications of the ACM 1, 96-104
6. Andreas Hub, Tim Hartter, and Thomas Ertl, Interactive
Tracking of Movable Objects for the Blind on the Basis of
Environmental Models and Perception-Oriented Object
Recognition Methods, ASSETS '06 Proceedings of the
8th international ACM SIGACCESS ...