[nfbmi-talk] Fw: what has happened to this complaint?

[joe harcz Comcast]

The past has gone nowhere! The situations are worse today, the violations of civil rights continue and we in the NFB need to hold agencies accountable.
----- Original Message ----- 
From: joe harcz Comcast 
To: MARK CODY 
Cc: Elmer Cerano MPAS ; Richard Bernstein Esq 
Sent: Thursday, August 02, 2012 11:42 AM
Subject: Fw: what has happened to this complaint?


Still going on and more. When will these entities be held accountable for their obligations under the ADA and Section 504 to people who are blind, and indeed others with oter disabilities?

Joe Harcz
----- Original Message ----- 
From: joe harcz Comcast 
To: OCR Cleveland Office 
Sent: Thursday, August 02, 2012 11:40 AM
Subject: what has happened to this complaint?


July 8, 2011

 

 

OCR Title II/ Section 504  Complaint July 8 2011

 

 

Note to Cleveland Office for Civil Rights. I am legally blind and as such I request two accommodations from OCR in regards to this and subsequent complaints under Section 504of the Rehabilitation Act of 1973. One I request that all correspondences related to this and complaints to come are simply made in accessible format through the use of e-mail. Two I request that you accept my consent to use my name in this and other complaints to come through this statement made right now: You have consent to use my name in relation to this and other (complaints which are made quite publicly.) 

 

 

This is a complaint against Patrick D. Cannon, and the Michigan Commission for the Blind for several violations over time under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

 

My address, phone, and e-mail are as follows:

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joeharcz at comcast.net

Phone: 810-686-2673

Cell: 810-516-5262

 

I am legally blind, 58 years old an advocate for people with disabilities, and again am making this and subsequent complaints on the basis of disability discrimination for myself and other people who are blind in the State of Michigan.

 

The Recipient’s Directory Information is here:

 

Patrick D. Canon, Director

Michigan Commission for the Blind

201 N. Washington, 2nd Floor

P.O. Box 30652

Lansing, MI 48909

Phone: (517) 373-6425

Fax: (517) 335-0254

E-mail: cannonp at michigan.gov

 

This complaint is ongoing and current.

 

If you see the e-mail attached after my signature line you will note it represents dozens of requests for information in accessible format from this director made pursuant to the ADA, Title II, subpart e, communications and the auxiliary aids and services provisions of the Rehabilitation Act of 1973 that was never responded to at all. That in and of itself is a violation of the ADA and 504 and represents a pattern and practice of deliberate indifference to the law by Mr. Cannon who was also the State of Michigan ADA Coordinator at the time. (You will see other violations in subsequent complaints over time that establishes the pattern and practice of willful, and knowing discrimination against myself and others).

 

(I did by the way make complaints to the Department of Justice on these issues but have yet to get any response and I did make complaints to the State ADA coordinator, but he, being Cannon himself was a bit conflicted on these issues by the way.)

 

The other significant issue involved however with this particular issue is whether or not MCB has met its contractual assurance obligations     to effectively ensure that its federal money has been used by vendors who meet the program access requirements of the ADA and 504. To be more precise in this instance though I’ve never been given even the basic location of these contracts its my understanding the MCB used Vocational Rehabilitation funds to install equipment/assistive technology in eight 8) “senior centers” around the State of Michigan. There are references to this, though as vague as they are in its most recent State Plan amendments. Which I can supply or that OCR can review on MCB’s web site. 

 

Before you think that it is a given that these state agencies  like Area Agency on Aging facilities are fully compliant with the program access requirements of the ADA/504 I’ll note that the Michigan Commission for the Blind is not itself in that it holds public meetings in facilities that don’t meet the program access requirements of the ADA/504 and in fact runs daily business in buildings that do not do so. I will file separate complaints in those regards and have filed complaints with the DOJ on other entities of the State of Michigan in these regards and you and they might compare some notes as I’ve sent DOJ several facility surveys to verify my claims.

 

But, suffice it to say on one program access issue alone this state falls down big time and that is the ADAAG requirement for raised character and Braille signage (4.30.1, 4.30.4, 4.30.5, 4.30.6). And as MCB and its parent doesn’t abide by this I hardly think the other State entity it contracted with (Area Agencies on Aging Again have either).

 

Regardless, this complaint stands on another merit in that to this day no one seems to know where the locations of these facilities are as know one including Patrick Cannon has even botherred to give me or others directory information to these entities in question or even, in this case  responded to the attached e-mail.

 

But that is par for the course with MCB for it doesn’t even routinely remit to all its consumers information required and relevent in accessible formats including IPES.

 

 

But, apparently MCB has seen fit to spend a whole lot of United States Department of Education money on these projects.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

(cc: Michigan Commission for the Blind Board

Cc: National Federation of the Blind of Michigan

Cc: Michigan Council of the Blind and Visually Impaired

Cc: Michigan Protection and Advocacy Services, Inc.

Cc: United States Department of Justice, Civil RightsDivision, Disability Rights Section

 

 

 

 

 

Attachment:

 

 

March 17, 2010

 

Paul Joseph Harcz, Jr.

 

1365 E. Mt. Morris Rd.

 

Mt. Morris, MI  48458

 

Re: General Questions Including I and R

 

Patrick Cannon, MCB 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

 

All:

 

I have several questions about the following reference in the Michigan Commission for the Blind Annual Report:

 

“Through continuing collaboration with the Area Agencies on Aging, MCB has established two sites to begin providing technology training for seniors through

the use of American Recovery and Reinvestment Act (ARRA) funds.”

 

First, could I please have the location – name, adress, and phone number of these facilities?

 

Secondly, are these facilities in full compliance with the Americans with Disabilities Act of 1990 (including the Americans with Disabilities Act Access

Guidelines)?

 

-Were assurances made in the contracting as per requirements under Section 504 and the Recovery Act?

 

Also as I’m now 57 years of age can I use these facilities and programs?

 

Finally, did anyone in relationship to this conduct a survey to ensure compliance?

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: several