[nfbmi-talk] Fw: foia ada 504 request

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Sent: Monday, May 03, 2010 3:08 PM
Subject: Re: foia ada 504 request


Thanks this will be forwarded along with numerous complaints to the United States Department of Justice concerning protracted and systemic violations of the ADA and Section 504 by all sorts of entities of the State of Michigan and by Mr. Patrick D. Cannon as well as yourself.

Oh on the survey issue you might just look in the neglected files of the Michigan Commission for Disability Concerns behind the inaccessible sign on the First Floor of the Victor Office building ,  and in the Offices of the DMB, etc.

And as per some complaints you just might look on Mr. Cannon's computer at the Victor Office Building, Second Floor. Yes, that is the building with numerous Americans with Disability Act and Section 504 violations including "program access" violations; and violations concerning raised character and Braille signage.

He certainly has several complaints filed by yours truly along with copious technical assistance.

I thank you as always for your prompt responses to my lawful inquiries.

Sincerely,

Paul Joseph Harcz, Jr.

  ----- Original Message ----- 
  From: Farmer, Mel (DELEG) 
  To: joe harcz Comcast 
  Cc: Cannon, Patrick (DELEG) ; Haynes, Carla (DELEG) ; Luzenski, Sue (DELEG) ; Martin, Carrie (DELEG) ; Heibeck, Cheryl (DELEG) ; Burdgick, Julia (DTMB) 
  Sent: Monday, May 03, 2010 2:58 PM
  Subject: RE: foia ada 504 request


  Mr. Harcz, this notice is in response to your April 25, 2010 email (copy attached) request for copies of records under the Freedom of Information Act (FOIA), MCL 15.231 et seq., you basically describe as emails and records sent to or by Mr. Patrick Cannon, Director, Michigan Commission for the Blind (MCB) related to the implementation of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, including facility surveys conducted at the behest of Mr. Cannon, or those sent to him, as well as other items; facility surveys and other memoranda, etc. relative to accessing all the DELEG employment facilities as well as equipment such as computers therein; any complaints or other memoranda sent to or by Mr. Cannon relative to effective communications with persons with disabilities, including those made by blind people requesting information in accessible formats in a timely manner, or deaf people requesting interpreter or similar accommodations; and the waiver of any fees to process your request.

   

  Please be advised that this must be denied pursuant to MCL 15.233, Sections 3(1), 3(4), & 3(5) of the FOIA. Section 3(1) provides that written requests sufficiently describe a public record to enable a public body to find it; and Sections 3(4) & 3(5) provide that a public body is not required to make a new compilation, summary, or report of information not already in existence. Your request is very broad; lacks reasonable timelines and specificity for the Department to conduct a reasonable search for requested records/information, some of which may involve other public/private entities; and , aside unreasonably high labor costs for records search, examination and review, would require the compilation of information/records and new reports not currently existing in the Department. 

   

  This denial of disclosure is supported by the following Michigan Appellate Court determinations applicable to this request:

  --Kincaid v Dep't of Corrections, 180 Mich App 176; 446 NW2d 604 (1989) which, in part, opined 

    that a request for disclosure of information under the FOIA must describe the requested records

    sufficiently to enable the public body to find them; when a request is denied because of an

    insufficient description, the requesting person may (1) rewrite the request with additional 

    information, or (2) file suit in circuit court where the sole issue would be the sufficiency of 

    information to describe the records desired.

   

  --Capitol Information Ass,n v Ann Arbor Police Dep't , 138 Mich App 655; 360 NW2d 262 (1984) 

    which opined that plaintiff's request seeking "all correspondence" between local police 

    department and "all federal law enforcement/investigative" agencies was "absurdly overboard"

    and failed to sufficiently identify specific records as required by the FOIA, section 3(1).

   

  Under the FOIA (MCL 15.240), you may submit a written appeal regarding the denial the denial of any portion of your FOIA request to Mr. Stanley Pruss, Director, Michigan Department of Energy, Labor & Economic Growth, Attention: Mario Morrow, Ottawa Building-Fourth Floor, P.O. Box 30004, Lansing, MI 48909,. Your appeal must include the word "appeal" and identify the reason(s) for reversal of the denial(s). You may also seek judicial review in circuit court within 180 days after the final determination. If you prevail, the court may award reasonable attorney fees, costs, and disbursements. If the court finds the Department's action to be arbitrary and capricious, the court shall award, in addition to any actual or compensatory damages, punitive damages in the amount of $500.00.

   

   

   

   


------------------------------------------------------------------------------

  From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
  Sent: Sunday, April 25, 2010 11:14 PM
  To: Farmer, Mel (DELEG)
  Cc: John L Wodatch USDOJ; president.nfb.mi at gmail.com; Joe Sibley MCBVI Pres.; miadaptleaders at yahoogroups.com; Scott Heinzman ADAPT; Michael Harris; TOM MASSEAU MPAS; Jim Magyar AA CIL; Dave Bulkowski; Mike Zelley TDN; Kathy McGeathy
  Subject: foia ada 504 request

   

  Michigan FOIA Request ADA/504

   

   

   

  Paul Joseph Harcz, Jr.

  1365 E. Mt. Morris Rd.

  Mt. Morris, MI 48458

  Cell Phone: 810-516-5262

  E-mail: joeharcz at comcast.net

   

  Melvin Farmer, FOIA Director

  Michigan Department of Energy Labor and Economic Growth (DELEG)

  (Via e-mail: farmerm at michigan.gov))

   

  Dear Mr. Farmer,

   

  I am writing you today to request some information pursuant to the Michigan Freedom of Information Act. Specifically I am requesting any e-mail correspondences sent to, or sent bby, Patrick D. Cannon either in his capacity as Director of the Michigan Commission for the Blind or in his capacity as the State of Michigan Americans with Disabilities Act coordinator related to the implementation of the Americans with Disabilities Act of 1990, or Section 504 of the Rehabilitation Act of 1973. Note: I am requesting all memoranda, complaints, grievances, or e-mails expressing concerns about any State of Michigan entity including, but not exclusive of access issues related to the Michigan Commission for the Blind's programs, activities and facilities. This should include any written complaints concerning raised character and Braille signage in state facilities, but I am not narrowing my request to this issue alone. I am including in this request any facility surveys conducted at the behest of Mr. Cannon, or those sent to him,  as well as the other items. That should include any surveys conducted to ensure that Michigan Commission for the Blind meetings as well as those of MRS or any other State of Michigan entity are accessible within the definitional standards set forth by the ADA and Section 504. Moreover there should bbe facility surveys and other memoranda, etc. relative to accessing all the DELEG employment facilities as well as equipment such as computers therein. Thus I'm requesting that information as well.

   

  I am also requesting any complaints or other memoranda sent to or by Mr. cannon relative to effective communications with persons with disabilities including, but not exclusive of those made by people who are blind requesting information in accessible formats and in a timely manner, or people who are deaf requesting interpreter or similar accommodations.

   

  Any correspondences in this regard except for those that came from me and are from private individuals may, of course have those individual names redacted along with other identifying material. However, I will not accept redacted information between Mr. Cannon and other state employees or, for that matter any public official in the state of Michigan, or elsewhere in this matter for those do not fall under the exemptions of the Michigan FOIA. 

   

  Now, aside from the e-mails which can simply be sent as plain text enclosures or attachments  to my e-mail address I specifically request pursuant to the effective communications requirements of the ADA and Section 504 that print documents are made accessible to me as I am legally blind. If those surveys are already in a Word or other format accessible to me (I use Jaws - a screen reading technology that Mr. Cannon is familiar with)

   Then simply send them as is. If they are in print only then I request them in a Word format and I will advise you that the Americans with Disabilities Act and Section 504 specifically prohibit charging a surcharge for such an accommodation.

   

  As the Americans with Disabilities Act is about to turn twenty years old on July 26, 2010 it is in the public interest to ensure that all of the State of Michigan's facilities, programs and services are compliant and this request is to ensure that it is so. As such and as I will make this information widely available to several organizations without personal remuneration in this regard I formally request that DELEG charge me no fee for this request.

   

  I thank you in advance for your prompt and accessible response to this request.

   

   

   

  Very Truly Yours,

   

  Paul Joseph Harcz, Jr.

   

   

  Cc: John L. Wodatch, U.S. Dept. of Justice, Civil Rights Division, Disabilities Rights Section

   

  Cc: Great Lakes TAC

  Cc: Michigan Protection and Advocacy Services, Inc.

  Cc: Michigan ADAPT

  Cc: National Federation of the Blind, Michigan

  Cc: Michigan Council of the Blind and Visually Impaired

  Cc: Michigan Statewide Independent Living Council

  Cc: several media outlets