[nfbmi-talk] pattern and practice of class discrimination documented

[joe harcz Comcast]

July 29, 2011 Pattern and Practice of Willful Indifference

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

e-mail:joeharcz at comcast.net

810-516-5262

 

Re: those who don’t know history are doomed to repeat it

 

To: Vincent Cheverine, OCR 

 

To: Patrick D. Cannon, director, Michigan Commission for the Blind

 

Dear Mr. Cannon,

 

During our brief conversation over the phone today you asked me what MCB didn’t remit to me in accessible format over years and I even brought up violations of the ADA in those regards while I was a so-called client years ago which, as I told you established a pattern and practice of violations by you and MCB. You asked me why I brought it up now. But as you can see by the attached e-mail I brought it up over and over again to you, Michigan Protection and Advocacy and others directly. Yet, you didn’t even respond directly to the attached correspondence, and I had to file for CAP and other assistance as my own services were suspended arbitrarily and capriciously and in direct retaliation for making continued requests for accessible information.

 

Fast forward to this very day in which each and every client and each and every individual has to fight tooth and nail to get information from you in accessible format and a timely manner. Note all the obfuscations and all the abuse of 504 and the ADA by using arcane and discriminatory state laws or other dodges to deny basic access to information. Note all the items in public meetings and in consumer satisfaction surveys that clearly document that I’m not the only one who doesn’t get information in a timely and accessible manner from you or MCB.

 

Sir, I don’t make allegations willy nilly. I document them.

 

Again this isn’t new to you. You knew then and you know now of your mass acts of discrimination over time against again not only me but the entire class of blind people in Michigan. This goes beyond the “deliberate indifference” standard of Tyler v. Manhattan for as we discussed again over the phone you were the former Chair of the United States Access Board. You were the State of Michigan ADA Coordinator. You were the head of the entity called the Michigan Commission for the blind and you’ve signed over more than a decade assurances to the United States Department of education that you and this agency follow the ADA and 504.

 

But, the point of this all is it shows a “pattern and practice” ova violations again of civil rights of all that come in contact you and your scofflaw entity under your charge. For, you knew or should have known your obligations under law and yet uniformly you’ve violated them over and over again.

 

Fast forward to this very day and you’ll note at public meetings BEP operators don’t get accessible information related to training, clients don’t even get phone calls returned in their lifetimes let alone in a timely manner and each and every individual dealing with MCB must fight for each and every scrap of inaccessible information, including commissioners on an ad hoc basis.

 

You are fond of saying in the “public record” over and over again that the ADA/504 and other civil rights laws are complaint driven. While that is not true rest assured that this is a part of multiple and continuing complaints against your person on behalf of myself and for all others.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: NFB MI

Cc:  MCBVI

Cc: Steve Arwood, LARA

Cc: Great Lakes ADA TAC

Cc: several

 

Attachment:

 

 

 

 

 

 

----- Original Message ----- 

From: Harcz-Flintadapt-nfb 

To: patrick cannon 

Sent: Wednesday, August 21, 2002 3:31 PM

Subject: Fw: this is unambiguous

 

 

----- Original Message ----- 

From: Harcz-Flintadapt-nfb 

To: Debbie L Wilson 

Cc: Elizabeth White ; GRETCHEN GARIMELLA 

Sent: Wednesday, August 21, 2002 3:29 PM

Subject: this is unambiguous

 

Now I still don't have timely delivery of all documents related to my own case including:

 

IPE, authorizations, referrals and even the paperwork at my last two meetings was inaccessible.

 

Regards,

 

Paul Joseph Harcz, Jr.

  

July 3, 2002

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-2673

E-mail: michiganadapt at peoplepc.com

 

To: P. Cannon, Director, MCB and advocates

 

Re: Records and Preferred Format

 

All,

 

The following segment of the MCB Policy Manual is unambiguous. It clearly states that all documents (including my own records) will be made available in preferred alternate format including electronic. There is no limitation to the scope here.

 

It also states that the records must be maintained.

 

These things have not been done consistently in my case.

 

And these things again are the core to my complaints with MCB. They do go to my personal case.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Attached Segment from Policy Manual:

 

 

PREFERRED MODE OF COMMUNICATION

Standard print for the Michigan Commission for the Blind will be produced in 14 

point print in a font that is easily read (Arial or Courier fonts are preferred) 

with 1.1" margins. This is a reasonably large print and when documents are 

provided on disc it allows people using voice output devices to read without 

having to scroll off the screen. The Michigan Commission for the Blind will 

provide individuals with a choice of media for all documents generated for them 

or information from the agency. Choices will include standard print, large 

print, Braille, disc or tape. To the extent possible, the Michigan Commission 

for the Blind will also accommodate individuals who do not speak or understand 

English. 

CASE FILE MAINTENANCE AND DOCUMENTATION

Counselors/Teachers shall maintain a case file for each individual that has been 

referred for vocational rehabilitation services. That file shall contain all 

required documentation. This information, when generated by the agency, will be 

maintained by computer record in the agency computer system. Documentation in 

the form of a narrative should occur periodically based on the periodic 

assessment of progress developed in the Individual Plan for Employment or at 

other times as necessary to provide continuity of services and appropriate…