[nfbmi-talk] deliberate indifference and malicious discrimination

[joe harcz Comcast]

Note to all concerned including those in federal enforcement entity’s  I am blind and any correspondences related to this complaint must be made in accessible format pursuant to your entity’s obligations under Section 504 of the Rehabilitation Act of 1973 “auxiliary aids and services provisions”) All I request is simple e-mail.

 

 

 

July 2, 2011

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

 

Re: Willful indifference to rights under ADA and Section 504

 

(Part of ongoing complaints against LARA, Michigan Commission for the Blind, Michigan Rehabilitation Services and Michigan Rehabilitation Council)

 

All,

 

After my signature line please find a link to the Michigan Department of Licensing and Regulatory Affairs (formerly DELEG) policies page and the accessible meetings policy for people with Disabilities.

 

Clearly I’ve documented where the Michigan Commission for the Blind, the so-called Freedom of Information Act Officer, Melvin Farmer, and MRS, and the Michigan Rehabilitation Council does not follow this. In fact they make me fight for every scrap of information in a maddening loop of violations of the ADA, 504, and then the Open meetings Act and then the Michigan FOIA. Yet, documents related to meetings should be made accessible prior to these meetings. They often don’t even respond and that is documented to information request after the meeting in accessible format or they try to “cherry pick” what this blind citizen should get.

 

Moreover, there isn’t a single building where MCB or the MRC has held meetings in this state to my knowledge that even met the program access requirements of the ADA or 504 let alone the accessible meetings policy so state. (I’ve documented that fact with the issuance of Michigan Department of Management Technology and Budget ADA surveys conducted in 2008). In fact Constitution Hall where the last meeting of MCB was held and build in roughly 2001 did not even meet the post construction guidelines of the ADA which is an utter outrage! By the way the requirement for raised character and Braille signage on every permanent room including room numbers is a program access issue and former Chair of the United States Access Board Patrick D. Cannon knew it or sure in the heck should have known it.

 

Regardless this all goes to a thing in the law called “deliberate indifference” to known civil rights laws and is a cause for mass actions and sanctions.

 

(Re: Tyler v. Manhattan to name just one reference on that issue and the affirmative obligation of a public entity under Title II of the ADA to ensure that its programs were physically accessible and that it communicated effectively with people with communications disabilities including those who are blind).

 

Oh, yes the Ottawa Building where the prior MCB meeting was held was even worse and limited the access of people who use wheelchairs as well. And that is a building where much of LARA office’s including Melvin Farmer who has the audacity to arbitrarily claim undue hardship, uses and abuses state laws and niggling and arbitrary “cherry picking” to deny my and others civil rights.

 

That is documented in his numerous responses to various issues including the abuses of the FOIA in the RSA monitoring of MCB and MRS.

 

And those will be forwarded to the United States Department of Justice, Civil Rights Division, Disability Rights Section as documentation of a pattern and practice of not only deliberate indifference but, also malicious and intentional discrimination. Double ditto for State of Michigan ADA Coordinator and MCB Director Cannon who has been given awards for his so-called activism for the ADA, but who in fact and documented fact at that is one of the greatest violators of that act.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: Sally Conway, USDOJ

Cc: Robin Jones “Great Lakes ADA TAC”

Cc: ADA Complaint Intake via E-mail

Cc: Steen Arwood, LARA Deputy Director

Cc: NFB MI

Cc: MCBVI

Cc: Elmer Cerano, Michigan Protection and Advocacy Services

Cc: Members MCB Board

Cc: Members MRC

 

Cc: Lynnae Ruttledge RSA Commissioner, and Craig McManus RSA Liaison to MRS, MRC

Cc: Richard Bernstein, Esq.

 



 

 

 

 

 

Accessible meeting policy converted from pdf July 2 2011

 

At:

http://www.michigan.gov/lara/0,1607,7-154-10573_35828_36101---,00.html

 

 

Here is the existing policy:

 

 

 

 

STATE OF MICHIGAN 

JENNIFER M. DEPARTMENT OF LABOR & ECONOMIC GROWTH DAVID C. HOLLISTER 

GRANHOLM LANSING DIRECTOR 

GOVERNOR 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH 

ACCESSIBLE MEETINGS AND EVENTS POLICY 

Effective date: 03-31-05 

Background: 

The Michigan Department of Labor and Economic Growth (DLEG) plans and sponsors 

meetings and events attended exclusively by DLEG staff as well as those attended by 

individuals and organizations outside the department. In addition, DLEG plans portions 

of and co-sponsors meetings and events with other organizations and individuals outside 

the department. In keeping with federal and state disability rights laws and the value of 

inclusion, it is the intent of this policy to standardize the department’s planning of and 

participation in meetings and events to ensure accessibility for all participants. 

POLICY: 

DLEG-SPONSORED MEETINGS AND EVENTS 

Events and meetings planned and sponsored entirely by DLEG will be accessible, 

whether attended by DLEG staff, individuals from outside the department, or both. 

This policy includes but is not limited to meetings open to the public, conferences, 

educational events, press conferences, staff training and retreats. “Accessible” 

means that all who are qualified to attend will be able to attend, participate in all 

activities, and have access to information in the needed alternative formats in a 

timely manner that allows full participation during the event. At a minimum, the site 

will be barrier-free, and additional accommodations will be provided upon request 

with advance notice. 

Event announcements should be made 10 work days in advance or at least the 

number of days necessary to receive and respond to requests for accommodations. 

These announcements should include a statement similar to the following: 

The meeting site is accessible, including handicapped parking. Individuals 

attending the meeting are requested to refrain from using heavily scented 

personal care products, in order to enhance accessibility for everyone. People 

with disabilities requiring additional accommodations in order to participate in the 

meeting should contact (name of person) at (contact information) at least 

(number of) work days before the event. 

OFFICE OF HUMAN RESOURCES 

611 W OTTAWA STREET • P.O. BOX 30004 • LANSING, MICHIGAN 48909

MEETINGS AND EVENTS PLANNED AND SPONSORED BY OTHERS OUTSIDE 

DLEG 

When DLEG staff participate in an event planned and/or sponsored by another 

organization, the portion of the event presented by DLEG staff should be accessible, 

and DLEG staff will advocate for accessibility and provide technical assistance to 

increase accessibility at the entire event. 

The DLEG bureau participating in the meeting or event is responsible for implementing 

this policy. Questions on this policy may be directed to DLEG Americans with 

Disabilities Act (ADA) Coordinator Myrtle Gregg-LaFay at (517) 335-5824. 

Approved:_____ ___________Dated:___1-12-05______ 

David C. Hollister, Director