[nfbmi-talk] mrs nor mcb nor one stops compliant

Tue Aug 24 02:54:44 UTC 2010

Depends upon the entity who is the enforcement agency. Of, course one may 
take a state entity to court without exhausting administrative procedures 
under both Title II (state and local government) and Section 504 of the 
Rehab Act. Generally speaking when it comes to V.R. agencies the Office of 
Civil Rights at Education has jurisdiction and believe me I'm filing a 
number of complaints against MCB and have ample experience in that with 
Region I in New England.

When it comes to other state entities I can and have filed complaints with 
DOJ.

Going back as far as 2002 I've offerred evidence of systemic ADA violations 
and begged the goofballs at MPAS to sue several entities including at the 
time FIA.

No laws are only as good as enforcement.

But, not to worry people have sure got the attention of the commission as 
there are now three suits that I know of.

One of course is the Terry Eagle suit filed in United States District Court. 
The other is some advocacy group (smile) that has sued the MCB for 
violations of the OMA. And the thir is the settlement mentioned in the MCB 
agenda of the Hill, et al v. MCB, et al.

It is significant that some of these suits have woken up the board so that 
it has recently overturned the abusive, corrupted, and vile ALJ 
determinations against Fellows, Brooks, and Tomchak. Nothing I hate worse 
that a corrupted administrative law process.

But, federal civil rights laws trump bogus applications of state laws 
including administrative law.

I'll right a little more tomorrow about Cannon's violations of Section 503 
of the Rehabilitation Act. yes, that is the section under Title V that 
actually requires that VR agencies have an affirmative action plan for 
hiring qualified people with disabilities in their programs.

The fact of the matter is not only doesn't MCB have such policies in place 
but two qualified blind folks were summarily fired this year as we know. And 
at least in the case of Christine Boone she was replaced with a less 
qualified sighted person...

Of course Cannon did that after an extensive nationwide search (my tongue is 
in my cheek on that one).

Meanwhile the sighted folks who have abused the process particularly in the 
BEP (namely Zanger, but also in the transcripts Heibeck) get promoted.

Oh, yes and aren't Heibeck, Zanger, and Hull who also was promoted named 
defendents in the Eagle suit?

Holy smoke we're in the wrong business ladies and gentlemen. It appears in 
the upside down and inside out madhouse created by Cannon the primary 
qualification for promotion is to violate due process, equal protection 
under the law and the very laws that one is entrusted to implement 
(including in this instance the Randolph Shepard Act, Public Act 260 and so 
on and so forth). Throw in retaliation and numerous civil rights violations 
and you've got a promotion in MCB nowadays sure as shooting by golly.

Joe
----- Original Message ----- 
From: "Fred Wurtzel" <f.wurtzel at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Cc: "'Jeanette Brown'" <jbrown at mpas.org>
Sent: Monday, August 23, 2010 10:31 PM
Subject: Re: [nfbmi-talk] mrs nor mcb nor one stops compliant

> Hi Joe,
>
> I guess these laws are meaningless.  I thought the U.S. DOJ was supposed 
> to
> enforce them.  How about RSA?  Shouldn't they be doing something.  And 
> then
> there is that useless sycophant agency, MPAS and their spineless
> Know-nothing people who sit in meetings and watch the Commission violate 
> the
> law and say nothing.  Why are the taxpayers paying all these people?  The
> system is corrupt and bankrupt and no one is doing a thing, except the 
> NFB.
> We are using our funds that could be going to Braille literacy, science
> camps, public education, for doing other people's work.  This is wrong.
> Work they are being paid a lot of money to do.  What is the MPAS budget,
> anyway?  They should be made to pay it all back.  They don't even call
> people back, let alone protect or advocate.  Criminal, criminal I say.
>
> Warm Regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Monday, August 23, 2010 10:14 PM
> To: NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] mrs nor mcb nor one stops compliant
>
> Actually that requirement is in the executive order naming him ADA
> coordinator. IIt is also his charge  under the Rehab Act to ensure that 
> all
> one stops are fully accessable.
>
> And let us not forget the effective communications requirements (i.e.
> requirement of all state and local entities to remit printed in in
> information in accessable formats appropriate to the needs of the 
> individual
>
> (ADA, Title II, subpart e, communications, primary consideration) and in a
> timely manner. This goes to documents on state web sites.
>
> But, pick a law, any law and I bet you Cannon has violated it...At least
> when it comes to know obligations under the ADA, the Rehab Act, (IDEA aslo
> is at play including transitional services), the OMA, FOIA and of course 
> PA
> 260.
>
> Those are documented and multiple violations over years by the way.
>
> Oh, yes and again to the Rehab Act ... Has this agency ever held a 
> required
> public hearing on its state plan updates since 1998> Nope. And it hasn't
> remittted required information even to the commission board or RSA in 
> these
> regards either.
>
> Joe
> ----- Original Message ----- 
> From: "Fred Wurtzel" <f.wurtzel at comcast.net>
> To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>;
> "'Lynnae Ruttledge RSA Commissioner'" <lynnae.ruttledge at ed.gov>
> Cc: <Craig.McManus at ed.gov>
> Sent: Monday, August 23, 2010 9:23 PM
> Subject: Re: [nfbmi-talk] mrs nor mcb nor one stops compliant
>
>
>> Hi Joe,
>>
>> This includes Commission meeting sites.  Think of Braille room numbers on
>> hotel rooms, for example.  You are correct, the violations are legion.
>> Who
>> is the state ADA coordinator, anyway.  Why doesn't the ADA Coordinator
>> provide training to agencies like the Commission and DMB who lease or 
>> rent
>> public spaces?  Someone ought to tell them.
>>
>> Warmest Regards,
>>
>> Fred
>>
>> -----Original Message-----
>> From: nfbmi-talk-bounces at nfbnet.org 
>> [mailto:nfbmi-talk-bounces at nfbnet.org]
>> On Behalf Of joe harcz Comcast
>> Sent: Monday, August 23, 2010 5:34 PM
>> To: Lynnae Ruttledge RSA Commissioner
>> Cc: Craig.McManus at ed.gov
>> Subject: [nfbmi-talk] mrs nor mcb nor one stops compliant
>>
>> April 28, 2010
>>
>>
>>
>>
>>
>> Note on Access Requirements Vocational Rehab
>>
>>
>>
>> This section of the Vocational Rehabilitation Act goes directly to
>> accessibility of all Vocational Rehabilitation facilities including the
>> Michigan Commission for the Blind, it also goes to all the various
>> One-Stops.
>>
>>
>>
>> Yet, to this very date so many of Michigan's V.R. and related agencies
>> have
>> issues of accessibility. One item comes strongly to my mind here and that
>> is
>> the fact that raised character and Braille signage is woefully
>> non-compliant
>> at the Victor office building and that includes both MCB, Michigan
>> Rehabilitation Services, the Michigan Commission for Disabilities
>> concerns,
>> and a wide variety of DELEG offices just to name a few. The raised
>> character
>> and Braille signage requirement is a "program access" requirement of the
>> ADA
>> and Section 504 referenced in these Vocational Rehabilitation Act Title I
>> rules. My gosh how many parts of these acts have MRS, MCB, DELEG and
>> predecessors violated over these many years on this access issue and
>> requirement alone?
>>
>>
>>
>> I simply can't take a count of the egregious and intentional acts of
>> discrimination in this regard over the years.
>>
>>
>>
>> It staggers the mind, but I have been vilified over and over again for
>> pointing out the obvious violations of these civil rights requirements.
>>
>>
>>
>> Relevant section:
>>
>> Sec. 361.51 Standards for facilities and providers of services.
>>
>>
>>
>>    (a) Accessibility of facilities. The State plan must assure that
>>
>> any facility used in connection with the delivery of vocational
>>
>> rehabilitation services under this part meets program accessibility
>>
>> requirements consistent with the requirements, as applicable, of the
>>
>> Architectural Barriers Act of 1968, the Americans with Disabilities Act
>>
>> of 1990, section 504 of the Act, and the regulations implementing these
>>
>> laws.
>>
>>
>>
>>
>>
>>
>>
>> Joe Harcz
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