[nfbmi-talk] Fw: Michigan Commission for the Blind complaint

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Ussery, Karla 
Sent: Friday, July 22, 2011 3:33 PM
Subject: Re: Michigan Commission for the Blind complaint


Actually we do need to talk. as I submitted complaints with DOJ against "Parent entities" namely the Michigan Department of Technology Management and Budget for maintaining inaccessible facilities.

however the complaint against MCB is for holding meetings in inaccessible faccilities knowingly as well as multiple complaints for not remitting information in acccessible forms pro forma or even upon request.

MCB is a recipeint of U.S. DOE funds as a Vocational Rehabgilitation agency.

Regardless the distinction is clear on complaints.

I will file more by the way as they are ongoing, and in fact have been going on for a protracted period of time.

I'll give a call on Monday.

Peace with justice,

Paul "Joe" Harcz
  ----- Original Message ----- 
  From: Ussery, Karla 
  To: joeharcz at comcast.net 
  Cc: Cheverine, Vincent 
  Sent: Friday, July 22, 2011 3:14 PM
  Subject: Michigan Commission for the Blind complaint


  Mr. Paul Joseph Harcz Jr.
  joeharcz at comcast.net

  Re:  OCR Docket #15-11-3002

  Dear Mr. Harcz:  

  On July 8, 2011, the U.S. Department of Education's (the Department's) Office for Civil Rights (OCR) received the complaint you filed against The Michigan Commission for the Blind (the Commission), alleging discrimination on the basis of disability (vision impairment).  Specifically, you allege that the Commission holds public meetings in facilities that are not compliant with the Americans with Disabilities Act in that none of the signage in those facilities has raised letters or Braille symbols.  You further allege that the Commission does not provide information to the public in a format accessible to persons with vision impairment.

  OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation at 34 C.F.R. Part 104.  Section 504 prohibits discrimination based on disability by recipients of Federal financial assistance from the Department.  OCR is also responsible for enforcing Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.  Title II prohibits discrimination based on disability by public entities.  As a recipient of Federal financial assistance from the Department and as public entity, the Commission is subject to these laws.  

  On July 20, 2011, Mr. Vincent Cheverine of my staff discussed your complaint with you by telephone.  You informed Mr. Cheverine during that call that you have filed a complaint with the Disability Rights Section of the United States Department of Justice (DOJ), Civil Rights Division.  In that complaint, which is still pending, you make the same allegations that you filed with OCR in the instant complaint.
  Under OCR's operating procedures, OCR will dismiss complaints when the same complaint allegations have been filed by the complainant against the same recipient with another agency, such as the DOJ, and OCR anticipates that there will be a comparable resolution process under comparable legal standards, i.e. all allegations will be investigated, appropriate legal standards will be applied, and any remedies secured will meet OCR's standards.  Because the same complaint allegations that you filed with OCR are pending with the DOJ and because we anticipate the DOJ will provide you with a comparable resolution process, we are dismissing this complaint effective the date of this letter.  Please note that you may re-file this complaint with OCR within 60 days of the completion of the DOJ process, including any appeals.  Should you choose to re-file, OCR generally will not conduct its own investigation; instead, OCR will review the DOJ's process to determine whether DOJ provided a comparable process that met appropriate legal standards.

  If you have any questions, please contact Mr. Vincent Cheverine by telephone at 
  (216) 522-2676 or by e-mail at Vincent.Cheverine at ed.gov.  

  Sincerely,

  Karla K. Ussery
  Team Leader