[nfbmi-talk] Call for resolutions

joe harcz Comcast joeharcz at comcast.net
Fri Oct 11 21:29:55 UTC 2013


Hi David and All:

Can this existing resolution be updated and indeed implemented?

Joe
RESOLUTION 2011-02
RIGHT TO DUE PROCESS ADMINISTRATIVE HEARINGS


            WHEREAS, all entities of State and local government are required 
to follow the effective communications requirements of the Americans with 
Disabilities Act of 1990, including the obligation to affirmatively, let 
alone upon request, remit information sin alternate formats to people who 
are blind; and



            WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires 
that all recipients of federal funds provide auxiliary aids and services to 
those who are blind; and



            WHEREAS, the United States Supreme Court found in Tennessee v 
Lane that state and local courts are not immune from these obligations and, 
indeed, have high responsibilities in these regards, for lack of access 
fundamentally denies "due process and equal protection under the law"; and



            WHEREAS, the Michigan Administrative Hearing Systems (MAHS) is 
both a Title II entity, federal fund recipient and an administrative law 
program where blind Business Enterprise Program participants and advocates, 
as well as others, routinely appear to seek justice and receive due process 
and equal protection under laws, including Public Act 260 of 1978 as well as 
major aspects of the Rehabilitation Act; and



            WHEREAS, MAHS, in documented fashion and principals therein, 
have denied advocates and respondents who are blind repeatedly information 
in accessible formats and in a timely manner; and



            WHEREAS, these are systemic, chronic, pervasive and fundamental 
violations of the civil rights of all Michigan citizens who are blind, as a 
class, by failure to act affirmatively in these regards; and



            WHEREAS, the Michigan Commission for the Blind has also been 
complicit in not only ensuring that MAHS follows these laws, but rather, has 
repeatedly violated these very same provisions of the law in these 
administrative proceedings which are in and of themselves conscious and 
malicious acts of discrimination perpetuated repeatedly against numerous 
blind individuals;



            NOW THEREFORE, be it resolved by the National Federation of the 
Blind of Michigan in convention assembled on November 6, 2011 in the City of 
Kalamazoo, Michigan that forthwith, the National Federation of the Blind of 
Michigan will lodge a Complaint against the Michigan Department of Licensing 
and Regulatory Affairs (MAHS's parent), MAHS, and The Michigan Commission 
for the Blind within the United States Department of Justice, Civil Rights 
Division, Disability Rights Section, and the civil rights office of the 
United States Attorney in the Eastern District of Michigan.



            AND BE IT FURTHER RESOLVED that the NFB-MI will seek any legal 
support in these matters from other resources, including our National 
office.

----- Original Message ----- 
From: "David Robinson" <drob1946 at gmail.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Friday, October 11, 2013 8:03 AM
Subject: [nfbmi-talk] Call for resolutions


> Dear members and friends,
>
>
>
>   State convention is drawing close,and I would like to encourage all of
> you to submit your resolutions for this year.  You can go to the web site 
> of
> www.NFBMI.Org and then go to the resolutions button or you can e mail me
> directly at drob1946 at gmail.com.
>
>   If you have an idea but are not comfortable writing the resolution,
> please write or call me and we will put your idea into words.  Don't 
> forget,
> the resolution establishes the position of the organization if affirmed 
> and
> it can be praising as well as asking for change.
>
>   It is always helpful to the resolutions committee to have the 
> resolutions
> early, so they can be in final form before convention.
>
>
>
> Thanks for your help
>
>
>
> Dave Robinson
>
> 517 775-7943
>
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