[nfbmi-talk] Fw: foia ada 504 request

Wed Feb 1 16:49:52 UTC 2012

Hmm...Her Farmer violated the ADA in responding with this being a FOIA request....Using his violations of state law to circumvent obligations under Federal Civil Rights laws...

What is it that folks in MPAS and this State of Michigan don't understand about effective communications to people who are blind?

What are we chopped liver?

Don't we have the right to effective communications with our State Governmental activities  on equal terms with the non-disabled?

Of course we do it is in Title II, subpart e, effective communications...

Yet, I nor others even get ininformation required related to complaints in accessible format...

And all of this is a Kafkaesque nightmare of chronic violations to the rights of access at the first instance about the workings of our government and information.

If you think it is too big for you all to understand these simple concepts then why don't we just give up the ghost and fire the scofflaws in the system. Conduct a giant yard sale of MCB and MRS assets and then cut some checks to people who are blind and to others with other disabilities.

Access is indeed a civil right including basic access to information.

I've sent you agents of our rights this stuff over and over again.

It is long since time to sue agencies into full compliance.

Joe Harcz
----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (DELEG) 
Cc: John L Wodatch USDOJ ; president.nfb.mi at gmail.com ; Joe Sibley MCBVI Pres. ; miadaptleaders at yahoogroups.com ; Scott Heinzman ADAPT ; Michael Harris ; TOM MASSEAU MPAS ; Jim Magyar AA CIL ; Dave Bulkowski ; Mike Zelley TDN ; Kathy McGeathy 
Sent: Sunday, April 25, 2010 10:14 PM
Subject: foia ada 504 request

Michigan FOIA Request ADA/504

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Cell Phone: 810-516-5262

E-mail: joeharcz at comcast.net

Melvin Farmer, FOIA Director

Michigan Department of Energy Labor and Economic Growth (DELEG)

(Via e-mail: farmerm at michigan.gov))

Dear Mr. Farmer,

I am writing you today to request some information pursuant to the Michigan Freedom of Information Act. Specifically I am requesting any e-mail correspondences sent to, or sent bby, Patrick D. Cannon either in his capacity as Director of the Michigan Commission for the Blind or in his capacity as the State of Michigan Americans with Disabilities Act coordinator related to the implementation of the Americans with Disabilities Act of 1990, or Section 504 of the Rehabilitation Act of 1973. Note: I am requesting all memoranda, complaints, grievances, or e-mails expressing concerns about any State of Michigan entity including, but not exclusive of access issues related to the Michigan Commission for the Blind’s programs, activities and facilities. This should include any written complaints concerning raised character and Braille signage in state facilities, but I am not narrowing my request to this issue alone. I am including in this request any facility surveys conducted at the behest of Mr. Cannon, or those sent to him,  as well as the other items. That should include any surveys conducted to ensure that Michigan Commission for the Blind meetings as well as those of MRS or any other State of Michigan entity are accessible within the definitional standards set forth by the ADA and Section 504. Moreover there should bbe facility surveys and other memoranda, etc. relative to accessing all the DELEG employment facilities as well as equipment such as computers therein. Thus I’m requesting that information as well.

I am also requesting any complaints or other memoranda sent to or by Mr. cannon relative to effective communications with persons with disabilities including, but not exclusive of those made by people who are blind requesting information in accessible formats and in a timely manner, or people who are deaf requesting interpreter or similar accommodations.

Any correspondences in this regard except for those that came from me and are from private individuals may, of course have those individual names redacted along with other identifying material. However, I will not accept redacted information between Mr. Cannon and other state employees or, for that matter any public official in the state of Michigan, or elsewhere in this matter for those do not fall under the exemptions of the Michigan FOIA. 

Now, aside from the e-mails which can simply be sent as plain text enclosures or attachments  to my e-mail address I specifically request pursuant to the effective communications requirements of the ADA and Section 504 that print documents are made accessible to me as I am legally blind. If those surveys are already in a Word or other format accessible to me (I use Jaws – a screen reading technology that Mr. Cannon is familiar with)

 Then simply send them as is. If they are in print only then I request them in a Word format and I will advise you that the Americans with Disabilities Act and Section 504 specifically prohibit charging a surcharge for such an accommodation.

As the Americans with Disabilities Act is about to turn twenty years old on July 26, 2010 it is in the public interest to ensure that all of the State of Michigan’s facilities, programs and services are compliant and this request is to ensure that it is so. As such and as I will make this information widely available to several organizations without personal remuneration in this regard I formally request that DELEG charge me no fee for this request.

I thank you in advance for your prompt and accessible response to this request.

Very Truly Yours,

Paul Joseph Harcz, Jr.

Cc: John L. Wodatch, U.S. Dept. of Justice, Civil Rights Division, Disabilities Rights Section

Cc: Great Lakes TAC

Cc: Michigan Protection and Advocacy Services, Inc.

Cc: Michigan ADAPT

Cc: National Federation of the Blind, Michigan

Cc: Michigan Council of the Blind and Visually Impaired

Cc: Michigan Statewide Independent Living Council

Cc: several media outlets