[nfbmi-talk] Fw: flint voting access and ada related request for compliance

[joe harcz Comcast]

            Oct. 24, 2012

Dear Mr. Zelley,


Note the attached correspondences related to Ms. Brown's chronic and pernicious violations of the ADA, 504, and even the HAVA and note the dates.

Also note the fact sir that she and the City of Flint were found in violation of all those laws regarding polling place access which should have been assured under the ADA alone as of January 26, 1992 and was to have been accomplished under HAVA on January 1, 2006 by the United States Department of Justice this year and you made comments to the media that they were just hunky dory.


But, the absolutely worst thing about this all is that you and the Disability Network in spite of these long standing violations actually had the gall to give Ms. Brown a "community access award" at the ADA celebration in Flint Kearsely Park (which had several documented ADA violations too( as a reward for this city's continued violations!


That sir is precisely why we don't have program access in Flint.


Moreover, your continued retaliation and your persistent violations of the ADA are actionable.


Sincerely,


Joe Harcz
----- Original Message ----- 
From: joe harcz 
To: Michael Harris 
Sent: Tuesday, October 31, 2006 2:01 PM
Subject: Fw: flint voting access and ada related request for compliance



----- Original Message ----- 
From: joe harcz 
To: Inez Brown Clerk 
Cc: Kyle Dubuc MPAS ; sally.conway at usdoj.gov ; Christopher Thomas MI SOS ; Gary Kidd TDN ; Kathy McGeathy ; Mike Zelley TDN ; john.l.wodatch at usdoj.gov ; secretary at michigan.gov 
Sent: Friday, September 15, 2006 5:24 AM
Subject: flint voting access and ada related request for compliance


Sept. 15, 2006

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-2673

E-mail: michiganadapt at peoplepc.com

Re: Accessible Polling Places and Information Concerning Them in Flint

 

Inez Brown

Clerk, City of Flint

1101 S. Saginaw St.

Flint, MI    48502

810-766-7413

E-mail: ibrown at cityofflint.com

 

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-2673

E-mail: michiganadapt at peoplepc.com

 

Dear Ms. Brown,

I would like to reference the commendation to the City of Flint in the Help America Vote Act newsletter from the Michigan Secretary of State found at:

(www.michigan.gov/documents/Issue20_126559_7.pdf -). The issue is dated June 1, 2005. It says in part, "Commendations are extended to the City of Flint for organizing a full evaluation of its polling 

place locations during the conduct of the May 3 election. The city partnered with the Disability 

Network of Flint to complete the evaluations. By evaluating the accessibility of the polling place 

locations under actual election-day conditions, those participating were able to offer many useful observations and suggestions on needed accessibility improvements."

 

The article went on to note the barrier removal funds available under HAVA and also noted that polling places were required to be accessible or moved to an accessible location.

 

Moreover, under Title II of the Americans with Disabilities Act of 1990 (Subpart E, Communications) I have requested copies of these very polling place accessibility surveys on several occasions now approaching one year and have yet to receive them. In addition I've personally sent you applicable ADA regulations to clarify your responsibilities and those of the City of Flint in these regards. Thus you've been notified on several occasions of responsibilities to follow the mandates of this and other important civil rights laws.

 

But most importantly I personally apprised you of the obligation to have accessible polling places in December of 2005 at a League of Women's Voter event and, of course you were apprised of this by the Michigan Secretary of State's office and others on several occasions. Yet, in a telephone conversation a few days after the August 8, 2006 primary you acknowledged that no barriers were removed from Flint polling places and that none were relocated to accessible locations.

It should be noted that Flint conducted elections in February as well.

 

So this makes two elections where the City of Flint was in violation of these civil rights mandates so far this year alone.

 

This discrimination against me and, indeed an entire class of individuals with disabilities occurred in spite of ample notice and in spite of free technical assistance. It has also occurred in spite of funding possibilities.

 

Now, I reiterate past requests to receive these surveys in accessible format and a timely manner. I also wish to have from you at this time your plan for either barrier removal or polling place relocation to accessible locations by the November general election.

 

As noted I am legally blind and under the ADA my request for accessible information is simple. I request that you send me requested information as either a Word or plain text document either attached or enclosed to my e-mail address listed above. And I do request this information in a timely manner.

If you need help in meeting these requests I offer it as I've done in the past.

Paranthetically if the City of Flint had a required ADA Coordinator, Greivance Procedure and other required compliance enabling components long since required by the ADA (January 26, 1992) the problems would be more readily resolved. Unfortunately Flint is way out of compliance in these regards as well though.

 

I know this because I've called the Mayor's office on several occasions to inquire about these requirements and simply they don't exist.

Regardless, you are the authorized "agent" regarding polling place locations and information related to the electoral process.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: The Disability Network

Cc: Christopher Thomas, MI Bureau of Elections

cc: MI Secretary of State, T.L. Land

Cc: United States Department of Justice, Civil Rights Division, Disabilities Rights Section

Cc: Michigan Protection and Advocacy Services