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

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Ussery, Karla 
Cc: vincent.cheverine at ed.gov 
Sent: Wednesday, October 12, 2011 3:21 PM
Subject: Fw: Michigan Commission for the Blind complaint


October 12, 2011

Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI  48458
E-mail:joeharcz
@comcast.net)

(Note: Pursuant to all applicable rules including Section 504 and the ADA all correspondences must be made to myself a blind man in alternate format. To wit: all responses must be made as either/or plain text or Word attachments made to my e-mail adress listed above.  Simply I am blind and this is my most effective format for receiving timely and accessable information (somethibng apparently lost upon all bodies of my own stat, local and federal government here, both in application of the law and in its enforcement. Failure to remit in timely manners such information requested is actionable even against the very enforcement agencies denoted herein including OCR and the United States Department of Justice. Frankly and as an aside I'm sick to death of the very law enforcers of my civil rights violating them over and over again.)



I've not received follow up calls to this and related complaints let alone accessible written information. (But, I have recieved inaccessable print , again inspite of documented prior requests from federal enforcement agencies reasonable accommodations specifically requested and cited in law and equity, information over decades related to similar complaints from the DOJ and OCR itself over and over again to the point that it makes me sick to my stomache. Ms. Ussuery asks for reasonable accommodation from me a private individual herein. I've accommodated, yet again in documented fashion federal recipients have not accommodated my effective communication needs nor those of literally millions. and that includes MCB. 

Please, let me note I am very responsive to auxiliary aids and services under 504 and the ADA. These are indeed at the core of the issue here.

Ironically while I've been more than willing, patient and otherwise appreciative of Ms. Ussuary's hearing impairment OCR doesn't even seem to consider or work on access to information issues for those who are blind from reciopients like the very Michigan Commission for the Blind.

I am sorry but what is it that folks don't understand about the effective communications requirements of the ADA, Title II, subpart a or the "auxiliary aids and services" provisions of Section 504 in these regards and those include, by the way the administration of complaints by OCR itself about these very issues themselves per recipients? And what is it that enforcers of civil rights don't understand about timeliness let alone their own requirements for applying the same obligations to themselves as they do others?

This is like having civil rights cops violating the very civil rights they are charged with enforcing. Oh my, this isn't "like" this scenario it is played out over and over again. The Office for Civil rights in Education and the United States Department of Justice, Civil rights Division, disability Rights Section must by any reasonable standard apply its own requirements to itself in administration of said complaints.

Frankly, this is simply like either institution being required to apply civil rights protections and enforcement activities to people of color while violating the Civil Rights Act of 1964 itself, or Title IX or any of a number of civil rights laws.

I for one am sick to death once again at not only the lack of enforcement of all applicable standards of all applicable civil rights, once again documented over years to myself and my class, but am appalled at the very documented fact that the federal enforcement arms of the United States government ignores or violates these mandates for themselves.





Holy smoke we've got a plethora of OCR resolutions, ADA/504 case law (including Tyler v. Manhattan) and yet decades after the passage of the ADA and 504 we have a known and documented VR scofflaw that is left off the hook and I don't get any call backs or accessible written materials by OCR itself in regards to this  or rather numerous ADA/504 complaints. 

I am asking for the U.S. Department of Education's 504 Coordinator's name, e-mail address, and other directory information so that I might file a complaint against OCR itself for it's own violations, let alone it's lack of enforcement of 504.

Sincerely,

Paul Joseph Harcz, Jr.

cc: "Great Lakes TAC"
cc: United States Department of Justice Civil Rights Division, Disability Rights Section
cc: NFB of Michigan
cc: American Council of the Blind

----- Original Message ----- 
From: Ussery, Karla 
To: joe harcz Comcast 
Sent: Monday, July 25, 2011 9:50 AM
Subject: RE: Michigan Commission for the Blind complaint


Dear Mr. Harcz:

 

I will have someone contact you shortly to clarify what you are alleging and what you are filing exclusively with OCR.  I'm sorry not to make the call myself, but I am profoundly hard of hearing and so would not be as effective for you without arranging services in advance, which I can certainly do if you feel you can wait a few days while I arrange that.

 

Would you let me know dates and times that would be good for you to take a call from OCR?

 

Regards,

 

Karla Ussery

 

From: joe harcz Comcast [mailto:joeharcz at comcast.net] 
Sent: Monday, July 25, 2011 5:45 AM
To: Ussery, Karla
Subject: Re: Michigan Commission for the Blind complaint

 

I have not received a response to the attached letter let alone the reasonable accommodation. This is but one of dozens of requests for timely and accessible information denied to myself and others by the Michigan Commission for the Blind.

 

This complaint is not filed with the DOJ.

 

It is a violation of Title II, subpart e, communications.

 

Moreover, this goes on and is documented against the entire clclass including blind clients who don't even receive so much as an IPE.

 

Sincerely,

 

Paul "Joe" Harcz, Jr.

July 8, 2011 ADA Rehab Act Request for Third Quarter MCB Financial Report

 

Paul Joseph Harcz, Jr.

 

1365 E. Mt. Morris Rd.

 

Mt. Morris, MI 48458

 

joeharcz at comcast.net

 

810-516-5262

 

Patrick D. Cannon

 

Director, MCB/LARA

 

Michigan Commission for the Blind

 

Via E-mail

 

Dear Mr. Cannon,

 

I'm writing today to request in accessible format the MCB Operating Budget through the Third Quarter of this current fiscal year as you and the agency have
promised in public records to commissioners, and thus to members of the public too.I mean don't forget we citizens of this state and country please including
those of us with disabilities. I'm also requesting that MCB in the spirit of Governor Snyder's "dashboard" principle of transparency post this uniformly,
affirmatively and in a timely and accessible manner to its own web site.

 

Regardless, I'm requesting same as a Word attachment to my e-mail address listed above.

 

The people of this state including me have the right to know how MCB's money is spent.

 

Oh, and a further thought here: I'd like to see a complete line item break down of precisely how much MCB has expended to date this fiscal year on legal
 expenses including but not limited to the settlements of the Robin Hill v. Michigan Commission for the Blind case; the Dave Robinson settlement; and the
Christine Boone case.

 

In other words how much is MCB losing in state and federal funds relative to these cases including any expenditure to the Michigan Attorney General for
defending these cases and others in the first place?

 

I thank you in advance for your prompt and compliant  response to this inquiry.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: MCB Commissioners

 

Cc: Steve Arwood, LARA Deputy Director

 

Cc: NFB MI

 

Cc: MCBVI

 

Cc: several list serves and media outlets

 

Cc: MPAS

 

Cc: "Great Lakes TAC"

 

Cc: Elsie Duell, MCB "Financial"

 

 

  ----- 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