[nfbmi-talk] Fw: the elephant is still in the room

Wed Dec 4 01:37:50 UTC 2013

----- Original Message ----- 
From: joe harcz Comcast 
To: Elmer Cerano MPAS 
Cc: MARK MCWILLIAMS ; BRIAN SABOURIN ; Daniel Levy ; nfbmi-talk at nfbnet.org ; bsbpcommissioners at michigan.gov ; Christyne.Cavataio at ed.gov 
Sent: Tuesday, December 03, 2013 8:36 PM
Subject: the elephant is still in the room

In other words the entire State apparatus of the State of Michigan including agencies funded to serve the physically and sensory disabled individuals  is/are not accessible in demonstrable fashion including the very complaint process for same. Man oh man is this embarrassing for P and ?A and all of those advocacy groups or what? I don't know. I just know facts and I know my personal and the collective history of those offended.

I had a dream once just like Martin Luther King and I thought once upon a time that there would be at very least an acknowledgement of that dream. The dream was not as naive as some might think for I never thought this country would actually give we people with disabilities full and equal rights. No I was never that naie.

But I at least thought the federally sponsored agencies of service delivery and rights would well, at least become accessible to us.

My God, we ain't even in the ballpark and all of the bluster of our Civil Rights Commission and federally funded Protection and Advocacy Service can't make us as a class whole, but they sure could at least start on this project and again denote our fundamental civil right of access in the first place.

Joe Harcz
July 19, 2012

The Elephant in the Room

To Whom It May Concern

The Americans with Disabilities Act will turn 22 years old on July 26, 2012. One of its most significant provisions is that State and local entities of government are obligated to follow this civil rights law in every aspect under Title II. Now the Michigan Civil Rights  Commission is but one entity entrusted with enforcing the ADA in State government including that all state government facilities, programs, and activities (as well as communications) are fully accessable and usable by all people with disabilities including blind folks like myself.

I’ve documented over the past decade substantial, chronic and pervasive violations of the ADA in State government including with the Civil Rights Commission itself.

I submit as evidence of this the MCRC ADA Title II complaint form after my signature line.

Note that  the service is located in the Cadillac Place in Detroit which is being sued by Richard Bernstein for substantial violations of the ADA! Note: I as a blind person reported substantial violations of the requirements for rraised character and Braille signs on every permanent room required by the ADA in ADAAG sections 3.40.1, 4, 5, 6 in this very building to several entities over the years and those barriers to access independently a simple room are still there to this very day!

How can we have justice including the civil right of access to state facilities and communications when one of the very entities charged with implementing violates them itself?

I rest my case that the State of Michigan as a whole deprives particularly people with mobility impairments and sensory impairments (blindness, deafness, etc.) systemically and the entire state apparatchik should be sued en masse for these ongoing and malicious  violations of our fundamental civil rights.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: Richard Bernstein, Esq.

Cc: Michael Zelley, Chair CRC

Cc: Michigan Protection and advocacy Services

Cc: several

Attachment:

TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND 

SECTION 504 COMPLAINT PROCESS NOTICE 

NOTICE REQUIREMENTS 

Title II of the ADA protects qualified individuals with disabilities from 

discrimination on the basis of disability in the services, programs, or 

activities of state government. All Title II governmental agencies or entities 

are required to post notice informing the public of its ADA responsibilities. 

“A public entity shall make available to applicants, participants, 

beneficiaries, and other interested persons information regarding the 

provisions of this part and its applicability to the services, programs, or 

activities of the public entity, and make such information available to them 

in such manner as the head of the entity finds necessary to apprise such 

persons of the protections against discrimination assured them by the Act 

and this part” 28 CFR Section 35.106. 

28 CFR Section 35.106 requires a public entity to disseminate sufficient 

information to applicants, participants, beneficiaries, and other interested 

persons to inform them of the rights and protections afforded by the ADA 

and this regulation. Methods of providing this information include, for 

example, the publication of information in handbooks, manuals, and 

pamphlets that are distributed to the public to describe a public entity's 

programs and activities; the display of informative posters in service 

centers and other public places; or the broadcast of information by 

television or radio. 

COMPLAINT PROCESS REQUIREMENTS 

In compliance with the ADA, State of Michigan departments and agencies 

have designated ADA Coordinators. The ADA Coordinator shall investigate 

any complaint received by the department/agency alleging its 

noncompliance with Title II of the ADA. The Department/Agency shall 

make available to all interested individuals the name, office address, and 

telephone number of the employee or employees designated to receive 

complaints. A public entity shall adopt and publish a complaint process 

providing for prompt and equitable resolution of complaints alleging any 

action that would be prohibited by Title II of the ADA. 

Rev. 4/2010 

Page 1 of 6 

STATE OF MICHIGAN 

NOTICE OF COMPLIANCE

WITH TITLE II OF THE 

AMERICANS WITH DISABILITIES ACT 

The Department of Civil Rights does not discriminate on the basis of 

disability in admission to, access to, or operations of its programs, services 

or activities. This notice is provided as required by Title II of the Americans 

with Disabilities Act (ADA) of 1990. 

Questions, concerns, complaints or requests for additional information 

regarding the ADA may be forwarded to the Department of Civil Rights 

designated ADA Coordinator. 

Name: Donna Allen Wilson 

Title: Human Resources Director 

Office Address: 3054 W. Grand Boulevard 

Cadillac Place 

Suite 3-600 

Detroit, Michigan 48202 

Phone Number: 313-456-3787 

TDD: 

E-Mail: Wilsond3 at michigan.gov 

Day / Hours available Normal Business Hours 

Individuals who need auxiliary aids for effective communication in 

programs and services of the Department of Civil Rights are invited to 

make their needs and preferences known to the ADA coordinator. 

This Notice is available in an alternative format from the Department ADA 

Coordinator. 

Rev. 4/2010 

Page 2 of 6 

TITLE II OF THE AMERICANS WITH DISABILITIES ACT 

COMPLAINT PROCEDURES

PROCEDURES 

The ADA Complaint procedure is designed to informally resolve conflicts 

with State agencies involving allegations of discrimination in access to 

state government programs, services, and benefits for persons with 

disabilities under Title II of the ADA. 

Each state agency has delegated department/agency ADA Coordinators. 

Your first point of contact in this procedure is the ADA Coordinator in 

whose division or department you believe that non-compliance with Title II 

has occurred. 

If you need assistance in filing or writing your complaint, the division or 

department ADA Coordinator or designee will, at your request, help you 

locate an impartial advocate or representative not associated with their 

agency. You must also specify any other reasonable accommodation you 

may require in order to effectively communicate your complaint. The 

complaint form must be filled out completely and filed with the division or 

department ADA Coordinator within 90 calendar days from the date of 

the alleged discriminatory action or practice. 

Once you have completed the ADA Complaint Form on the next page, 

follow the steps listed after the complaint form for filing your complaint. It is 

important for you to keep copies of your original complaint, notifications 

you receive after meeting with the department/agency, as well as any other 

correspondence or other documentation that is related to your complaint, 

and bring those copies to all meetings, reviews, and appeals related to 

your complaint. 

Rev. 4/2010 

Page 3 of 6 

STEPS FOR FILING YOUR TITLE II ADA COMPLAINT 

Step 1: Fill Out and Deliver Your Complaint 

Hand-deliver or mail your complaint to the Department ADA Coordinator of 

the state agency where you believe the discrimination occurred. If you 

need a reasonable accommodation, such as an interpreter or an 

alternative format, list this on your complaint form so the Department ADA 

Coordinator will be able to effectively communicate with you at your 

meeting. 

Step 2: Meet with the Department ADA Coordinator 

a) Within 10 business days of having received the complete 

complaint, the department ADA coordinator will contact you. 

b) Within 5 business days of this meeting, a copy of your complaint, 

and a brief report of the outcome of your meeting, will be forwarded 

to the State ADA Coordinator so that office is aware a complaint has 

been filed. 

Step 3: Resolution of Your Complaint 

a) If a satisfactory resolution is reached, a written agreement will be 

jointly developed and signed by you, the department ADA 

Coordinator and the director of the department/agency where the 

complaint was filed. The agreement of resolution will be issued to 

you within 10 business days. The written agreement will include: 

1) A description of the complaint 

2) A finding of facts 

3) A description of how the complaint will be resolved 

4) When the complaint will be resolved 

5) An assurance that the department/agency will comply with the 

specific terms of the agreement 

b) If the department/agency is unable to resolve the complaint with 

you, you will be notified of this non-resolution within 10 business 

days. The notification will include: 

1) A description of the complaint 

2) A summary of any resolution proposed 

3) A statement addressing the issues that were not resolved at 

the meeting. 

Rev. 4/2010 

Page 4 of 6 

Step 4: Request for Review by the Michigan Department of Civil 

Rights 

If a satisfactory resolution is not reached through the department/agency, 

you may request a review of your complaint by the Michigan Department of 

Civil Rights. Your request for review should be made within 10 business 

days after you receive your notification of non-resolution. The Michigan 

Department of Civil Rights requests that you include a copy of your original 

complaint, and documentation from Step 3 (b). 

Your request for review must be filed on the attached form. 

Rev. 4/2010 

Page 5 of 6 

REQUEST FOR REVIEW OF DEPARTMENT 

ADA COMPLAINT DECISION 

Name: 

Mailing Address: 

Telephone (work) _____________________(msg.)_________________ 

State Department/Agency complaint is with: 

Detailed Statement of the Reason(s) for Your Request for Review of 

the Decision Regarding Your Complaint: 

NOTE: The Michigan Department of Civil Rights requests that you 

include a copy of your original complaint, as well as documentation 

of the results of your meetings with the department/agency 

coordinator. 

Your Signature or Signature of Your Representative 

Rev. 4/2010 

Page 6 of 6