[nfbmi-talk] Fw: foia ada 504 request

joe harcz Comcast joeharcz at comcast.net
Mon May 3 21:11:30 UTC 2010


Yes, might be another FOIA request in the making? FOIA oon FOIA? Note how 
cannon is always cc'd on these responses?

Hmmm....
----- Original Message ----- 
From: "Christine Boone" <Christine_Boone at comcast.net>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, May 03, 2010 4:00 PM
Subject: Re: [nfbmi-talk] Fw: foia ada 504 request


> Wow, it looks as though, just perhaps, Mr. Cannon might have given an
> instruction to Mr. Farmer, to simply deny all FOIA requests from the
> following people ...
> Prior to mid-April, some requests were honored.  Now, nothing.  Curious I
> would say.
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Monday, May 03, 2010 3:12 PM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] Fw: foia ada 504 request
>
>
> ----- 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
>
>
>
>
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