[nfbmi-talk] Fw: deliberate indifference

Tue Jul 26 16:32:04 UTC 2011

----- Original Message ----- 
From: joe harcz Comcast 
To: vincent.cheverine at ed.gov 
Sent: Tuesday, July 26, 2011 12:29 PM
Subject: deliberate indifference

July 26, 2011 ADA/504 Complaint and Documentation of Deliberate Indifference 

Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI  48458
joeharcz at comcast.net

Vince Cheverine, OCR
Via E-mail

Dear Mr. Cheverine,

This letter to MCB commissioners and others like it show deliberate indifference to known laws and responsibilities regarding holding Michigan commission for 

 the Blind meetings and public hearings in accessible facilities and the affirmative responsibility to supply information in accessible formats.

yet, the past two public quarterly meetings of MCB where held in very inaccessible facilities as were the recent "state plan" public hearings. and to this date I have to request information on an ad hoc basis relative to these public meetings which is a violation again of the known and affirmative obligation of any Title II entity (re: Tyler v. Manhattan).

This is a part of my continuing complaint against MCB for its chronic violations over decades and to the present as well as documentation of again known violations of same as I have informed them of obligations over years.

Sincerely,

Paul Joseph Harcz, Jr.

Attachment:
March 11, 2010

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

(Cell: 810-516-5262)

E-mail: joeharcz at comcast.net

Re: Official Board Correspondence, Accessible Events

LANSING, CENTRAL ADMINISTRATIVE OFFICE

Phone, voice: (517) 373-2062

Toll-free voice (800) 292-4200

TTY (517) 373-4025; toll-free TTY (888) 864-1212

Fax: (517) 335-5140

DIRECTOR'S OFFICE

Cannon, Patrick D., Director

(via e-mail)

Ms. Jo Ann Pilarski, MCB Commission Chair

pilarskij at charter.net

Mr. Michael Geno, MCB Commission Vice Chair

luzenskis at michigan.gov

Ms. Velma P. Allen, MCB Commissioner

luzenskis at michigan.gov

Ms. Geraldine G. Taeckens, MCB Commissioner

geri.taeckens at isahealthfund.org

Ms. Margaret Wolfe, MCB Commissioner

margwolfe at usa.net

Dear Director and Board Members:

I am writing today to ask if the DLEG (now DELEG) accessible events procedures is still applicable. Moreover, I am wonderring if Michigan Commission for the Blind schedules events in accessible buildings with attention to the requirements of The Americans with Disabilities Act of 1990 (Title II) and Section 504 of the Rehabilitation Act of 1973. I am at this time especially concerned with the long ago established obligations for barrier removal by this and other state entities in its own facilities, and most especially in those where events, including MCB Board meetings are held.

As a legally blind person I request that any written responses to this inquiry are made in accessible form. I simply ask that relevant responders respond via e-mail to my e-mail address listed above.

Sincerely,

Paul “Joe” Harcz, Jr.

(EnclosureJ

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.

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

STATE OF MICHIGAN

JENNIFER M. GRANHOLM

GOVERNOR

DEPARTMENT OF LABOR & ECONOMIC GROWTH

LANSING

DAVID C. HOLLISTER

DIRECTOR