[nfbmi-talk] order violates ada 504

joe harcz Comcast joeharcz at comcast.net
Tue Feb 28 05:44:29 CST 2012

February 28, 2012



An Act of Discrimination



Ladies and Gentlemen,



There is no doubt in my documentation that over years MCB has been grossly mismanaged and even corrupted. There is no doubt though in the documented record that the Michigan Rehabilitation Services is even worse. That fact has been born out in the Rehabilitation Services Monitoring report and in the most recent Michigan Auditor general’s report.



Yet, the core issue relating to Governor Rick Snyder’s recent executive order is not the simple transfer of both to DHS, which is his prerogative, but rather his elimination of an independent commission for the blind which is required under Public Act 260 and indeed by the federal Rehabilitation Act of 1973.



And the reason that Governor Snyder’s act is an act of discrimination violating both the general anti-discrimination requirements of Section 504 of the Rehabilitation Act and Title II, of the Americans with Disabilities Act is that Snyder has treated MRS and MCB unequally for he retains the Michigan Rehabilitation Council for MRS, again while leaving consumer input, independent oversight, etc. for MCB in the hands of a nebulously defined “advisory council”. Clearly, on its face this is disparate treatment of an entire class of people with disabilities for those who are blind in Michigan are now being treated differently in policy and practice than those with other disabilities in the delivery of Vocational Rehabilitation services and the right to have a voice in the process of same which is supposed to ensure accountability in the delivery of those programs, services, benefits and activities.



By the way Snyder has also unilaterally stripped the legislature of its advise and consent role in approving or disapproving these board members which is currently required by Public Act 260 and, again is still a component of the appointment and approval of MRC members.


So now added to the list of concerns over the executive order are civil rights violations for 504 and the ADA are indeed federal civil rights issues.





Joe Harcz

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