AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 155

REPLY to opposition to motion re #118 MOTION for Summary Judgment filed by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC.. (Attachments: #1 Supplemental Statement of Undisputed Facts, #2 Disputes with Defendant's Statement of Facts, Evidentiary Objections and Opposition to Request for Judicial Notice, #3 Response to Defendant's Statement of Facts, #4 Response to Defendant's Evidentiary Objections, #5 Declaration of Steven Comstock, #6 Declaration of Christian Dubay, #7 Supplemental Declaration of Thomas O'Brien, #8 Supplemental Declaration of Jordana Rubel, #9 Supplemental Declaration of James Thomas)(Fee, J.) Modified on 1/22/2016 to correct linkage (td).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a/ ASTM INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.
Plaintiffs,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.

PUBLIC.RESOURCE.ORG, INC.,
Counterclaimant,
v.
AMERICAN SOCIETY FOR TESTING AND
MATERIALS d/b/a/ ASTM INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR-CONDITIONING
ENGINEERS, INC.
Counterdefendants.

Case No. 1:13-cv-01215-TSC-DAR

DECLARATION OF STEVE COMSTOCK
I, Steve Comstock, declare as follows:
1.

I am currently employed by the American Society of Heating, Refrigerating, and

Air Conditioning Engineers (“ASHRAE”) as its Director of Publications and Education. I have
been employed by ASHRAE since 1974. Based on the information known to me as a result of the
duties and responsibilities of my position, I have personal knowledge of the facts set forth herein
and could and would testify competently thereto if called as a witness.
2.

As part of my job responsibilities, questions regarding access to ASHRAE

standards are ultimately directed to me, including questions regarding access to ASHRAE
standards by individuals with disabilities.
3.

ASHRAE is a non-profit organization that operates with the mission of advancing

the arts and sciences of heating, ventilating, air conditioning and refrigerating to serve humanity
and promote a sustainable world. With that in mind, I have made every effort to make
accommodations for anyone with a disability who wishes to access ASHRAE standards. These
situations have not arisen often.
4.

In my 31 years serving as the Director of Publications for ASHRAE, I recall only

two specific examples where individuals requested that ASHRAE make alternate forms of access
to ASHRAE publications available due to a disability, and in both instances ASHRAE made the
appropriate accommodation. In 2013, ASHRAE sent a digital copy of an ASHRAE published
textbook on HVAC systems to a visually impaired student from the Northern Alberta Institute of
Technology so that the student could employ screen reader software to access the material audibly.
Similarly, a hearing impaired individual alerted ASHRAE that he wished to attend a training class
related to HVAC design, and ASHRAE provided sign-language interpretation.

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DECLARATION OF STEVE COMSTOCK IN SUPPORT
OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

5.

ASHRAE has also undertaken additional efforts to ensure that disabilities do not

unnecessarily limit access to our standards or other services that ASHRAE provides. Last year,
ASHRAE removed encryption from the digital copies of standards sold on the ASHRAE bookstore
so that the standards would be more compatible with reading software used by visually impaired
individuals. ASHRAE’s partner in running the ASHRAE bookstore, a company called Techstreet,
has made assurances to ASHRAE that it would also help accommodate individuals with
disabilities. And, ASHRAE has formally adopted a policy allowing for alternate testing
accommodations related to certification programs run by ASHRAE; a request form for test takers
which to receive such accommodations can be found on the ASHRAE website at
https://www.ashrae.org/education--certification/certification/faqs#3.
6.

ASHRAE has consistently provided accommodation to individuals with disabilities

in the past and intends to continue to do so in the future.
7.

I am attaching to this declaration as Exhibit 1 a true and correct copy of ASHRAE

Standard 90.1-2004, which I understand to be one of the ASHRAE standards at issue in this case.
In my role as Director of Publications, I am familiar with ASHRAE’s standards, including 90.1. I
have reviewed this document and it is an accurate copy of Standard 90.1-2004.

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 21st day of January, 2016 at Orlando, Florida.

Steve Comstock

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DECLARATION OF STEVE COMSTOCK IN SUPPORT
OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

EXHIBIT 1

Filed Under Seal