[nfbmi-talk] just one thing lara mcb violates on so-called foia requests

[joe harcz Comcast]

Nondiscrimination on the Basis of Disability in State and Local Government Services http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm

§
35.150 Existing facilities

·       (a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety,
is readily accessible to and usable by individuals with disabilities. This paragraph does not—

o   (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;

o   (2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or

(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or
activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action
would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden
of proving that compliance with §35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration
or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation
of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result
in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would
nevertheless §
35.164 Duties

This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service,
program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed
action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the
burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration
or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation
of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required
to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such
an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or
services provided by the public entity.

o

o   ensure that individuals with disabilities receive the benefits or services provided by the public entity.

Section by Section analysis

Paragraph (a)(3), which is taken from the section 504 regulations for federally conducted programs, generally codifies case law that defines the scope of
the public entity's obligation to ensure program accessibility. This paragraph provides that, in meeting the program accessibility requirement, a public
entity is not required to take any action that would result in a fundamental alteration in the nature of its service, program, or activity or in undue
financial and administrative burdens. A similar limitation is provided in §35.164.

This paragraph does not establish an absolute defense; it does not relieve a public entity of all obligations to individuals with disabilities. Although
a public entity is not required to take actions that would result in a fundamental alteration in the nature of a service, program, or activity or in undue
financial and administrative burdens, it nevertheless must take any other steps necessary to ensure that individuals with disabilities receive the benefits
or services provided by the public entity.

It is the Department's view that compliance with §35.150(a), like compliance with the corresponding provisions of the section 504 regulations for federally
conducted programs, would in most cases not result in undue financial and administrative burdens on a public entity. In determining whether financial and
administrative burdens are undue, all public entity resources available for use in the funding and operation of the service, program, or activity should
be considered. The burden of proving that compliance with paragraph (a) of §35.150 would fundamentally alter the nature of a service, program, or activity
or would result in undue financial and administrative burdens rests with the public entity.

The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee and must be
accompanied by a written statement of the reasons for reaching that conclusion. The Department recognizes the difficulty of identifying the official responsible
for this determination, given the variety of organizational forms that may be taken by public entities and their components. The intention of this paragraph
is that the determination must be made by a high level official, no lower than a Department head, having budgetary authority and responsibility for making
spending decisions.

Any person who believes that he or she or any specific class of persons has been injured by the public entity head's decision or failure to make a decision
may file a complaint under the compliance procedures established in subpart F.