[nfbmi-talk] still not responded to after all the years

[joe harcz Comcast]

October 12, 2011

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-516-5262

E-mail: joeharcz at comcast.net

 

Patrick D. Cannon

Director Michigan commission for the Blind

Former State of Michigan ADA Coordinator

Former Chair United States Access Board

(Via e-mail)

 

 

Dear Mr. Cannon,

 

I am writing today to request a direct response related to the following quotation from the September 16, 2011 proposed meeting minutes of the Michigan Commission for the Blind meeting:

 

“Director Cannon shared that since the Ottawa Building was chosen as a meeting site there have been talks with DTMB on the actions needed to be taken to correct any accessibility deficiencies and these will be addressed.  He added security is an issue that often comes up and because of 9/11 security will trump the ease of accessibility.  Director Cannon said one of the things talked about with DTMB was adding signage at the other doors at the Ottawa building to provide better direction on how to get to the accessible entrances.  “

 

First, of all please show me in statute or regulation where safety or other similar requirements trump the ADA or Section 504 of the Rehabilitation Act for that matter. They clearly do not trump these civil rights laws which were established and had basic program access requirements prior to 911 regardless. Frankly sir the requirements for signage should have been known to you as the former Chair of the U.S. Access Board and, regardless, you’ve been apprised by me over and over again in documented fashion over years.

 

Moreover, you and others at MCB sign assurances each and every year in state plan updates that you meet these requirements. I construe the “”boiler plate” signature that you meet such requirements when you do not in documented fashion, to this very date as illustrated here,  is  a violation of the False Statements Act let alone a violation of the ADA/504.

 

Moreover, when it comes to Constitution Hall this was built well after the implementing regulations of the ADA (aproximately in 2001) and thus was obligated to meet new construction guidelines of the ADA and that sir includes signage.

 

In fact substantial barriers exist to this day in both Constitution Hall and in the Ottawa Building. In fact at a minimum all barriers including, but not exclusive of raised character and Braille signage on every permanent room is  a simple and demonstrable program access issue required to be ameliorated under the ADA’s Transition Plan requirements by no later than July 26, 1995 which was the 5th Anniversary of the ADA. Yet, countless buildings and again in documented fashion to this very date (October 12, 2011) are in stark violation of this fundamental civil rights law again by your own admission.

 

Now, sir I ask you this? “If barriers that were supposed to be removed more than 15 years ago exist to this very day have not been removed then hasn’t this State of Michigan been in documented fashion a gross and pernicious violator of civil rights of persons with disabilities?

 

If you acknowledge again in the public record as you’ve done above that basically the State is looking into issues already documented in 2008 years after requirement for barrier removal then aren’t the substantial violations self-evident and isn’t this at very least deliberate indifference  to known civil rights laws being violated”?

 

Moreover, as stated before all entities of State and local government including DTMB, and of course MCB, have been required for more than a decade under Tyler v. Manhattan to Act affirmatively. Yet, you a blind man with all your connections, and all your positions and all your positions in a public meeting defer responsibility; acknowledge fundamental violations of past and current civil rights obligations, and then kind of duck behind the “911 experience”.

 

Sir, if you’d look at all the work done by the Access Board and so many other entities related to emergency situations including those of persons with disabilities, and that includes those of us who are blind, then you’d realize that 911 wasn’t an excuse for basic lack of access as you are directly inferring here, but, rather a clarion call to include all people in a higher standard of access.

 

Now, I’ll ask for you and Joel Hoffman to refer to the Ottawa Building and to the fact that in part the surveys themselves are inaccessible let alone this building by both design and practice thus being a double violation of my and other’s civil rights.

 

I’ve denoted the totally inaccessible check marks which are “image based” by contractor “Integrated Architects” in these regards which goes to the violations of the effective communications requirements, subpart e, Title II of the ADA.

 

But, Mr. Cannon this is where things go to the core of the issue. Michigan and your inference referenced in these meeting minutes not only suggest but state that other considerations trump civil rights laws established under Constitutional guarantees.

 

What the Hell? 911 is an excuse for denying access to public activities and the programs, services, benefits and activities required under the U.S. constitution under the 14th Amendment Article V, the spending clause and so-on and so forth which premise the ADA and 504?

 

Oh, my if these considerations are taken literally and that persons with disabilities including those who are blind or otherwise disabled cannot access our State governmental programs by “security” designs then Ben Laden has certainly won the game don’t you think?

 

Now, I request that you explain the quotation and to defend, as a public official your abject and once again documented acts of mass discrimination.

 

Oh, yes when it comes to the Ottawa Building explain to me just how a wheelchair user gets access to the next scheduled (let alone past) meetings of the MCB since the only accessible door and the only accessible parking spaces are locked out do to arbitrary and capricious and again documented acts of gross discrimination against PWD by letting “rent a cops” establish policies.

 

Oh, yes once again these issues were denoted in the DTMB surveys.

 

Thus you, DTMB personnel and all others acted with both deliberate indifference to known civil rights laws or acted with malice of forethought or were grossly incompetent. Which one is it Mr. Cannon?

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

Cc: NFB MI

Cc: OCR at Ed.

Cc: Joel Hoffman, DTMB ADA Coordinator

Cc: Michigan Council of the Blind and Visually Impaired

Cc: Steve Arwood MI LARA

Cc: “Great Lakes TAC”

Cc: US DOJ Civil rights Division