[nfbmi-talk] documentation of ada 504 violations

[joe harcz Comcast]

This is just one segment from an MAHS BEP ALJ transcript where both MCB and MAHS in documented fashion have violated the effective communications requirements of the ADA and the auxilliary aids and services provisions of Section 504.

Fundamentally all blind folks are denied due process and equal protection under the law if all information related to such cases is not afforded in the most effective format of the individuals and in a timely manner. The effective date for compliance under the ADA alone in these regards was January 26, 1992.

Joe

>From the record:

"
MR. HULL:  Okay, thank you.

Your Honor, at this time I'd like to present into evidence a letter sent from the Commission to Mr. Rothenhauser in March of this last year.

JUDGE BOND:  Do you have a copy for the opposing party?

MR. HULL:  I do. I have a copy for Mr. Eagle, for yourself, and actually for Mr. Rothenhauser.

JUDGE BOND:  All right.

Why don't you show it to your reader?

MR. EAGLE:  I’m going to object to this because of the length and the fact that it's not a form that I can use.

JUDGE BOND:  Okay, why don't you show it to your reader and --

MR. EAGLE:  Then I'd ask for an adjournment so that we can go over it.

JUDGE BOND:  Well, if you'd like to take a brief recess to go to the room out there, the so-called lawyers' room and go over it you may have a recess.

MR. EAGLE:  We'll take that but I want clarification from the bench. You're saying that this is an adequate format for me as a blind person to read; is it not?

JUDGE BOND:  You have a reader, sir.

MR. EAGLE:  You're saying --

JUDGE BOND:  That's why you have a reader; is that not true?

MR. EAGLE:  Is that what the -- my question is -- from the bench is --

JUDGE BOND:  Obviously, Mr. Eagle, you can't read it. Obviously, you can't read that. You have a reader, don't you?

MR. EAGLE:  The Americans With Disabilities Act and the Section 504 of the Rehabilitation Act require that these documents be put in a format that I as a blind person can use and they're not in that.

JUDGE BOND:  All right, I understand that.

MR. EAGLE:  It doesn't say anything about having me required to be paid -- to pay a reader.

JUDGE BOND:  Your objection is noted on the record. Now, would you like the recess to have the reader --

MR. EAGLE:  Yes, I would.

JUDGE BOND:  Okay, we're going to take a recess and we're going to come back --

MR. EAGLE:  I would like 20 minutes.

JUDGE BOND:  All right, come back at five minutes to ten. Go off the record at this time.

(WHEREUPON, a brief recess was taken at this time)."