[nfbmi-talk] Fw: Joseph Harcz FOIA Response to Oct 16 2013 Email Request

[joe harcz Comcast]

----- Original Message ----- 
From: joe harcz Comcast 
To: Farmer, Mel (LARA) 
Sent: Tuesday, October 22, 2013 11:55 AM
Subject: Re: Joseph Harcz FOIA Response to Oct 16 2013 Email Request


Dear Mr. Farmer,

Just denoting one aspect alone of this cherry picking response which also displays the utter ignorance of applicable federal civil rights laws (namely the ADA, Title II and Section 504). I quote this section:
"ADA Title III Technical Assistance Manual (Excerpts)

 

III-4.1400 Surcharges. Although compliance may result in some additional cost, a public accommodation may not place a surcharge only on particular individuals with disabilities or groups of individuals with disabilities to cover these expenses."

 

Reasonable Modifications "III-4.2100 General. A public accommodation must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public accommodation can demonstrate, however, that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification."

 

Auxiliary Aids "III-4.3100 General. A public accommodation is required to provide auxiliary aids and services that are necessary to ensure equal access to goods and services, facilities, privileges, or accommodations that it offers, unless an undue burden or a fundamental alteration would result. Who is entitled to auxiliary aids? This obligation extends only to individuals with disabilities who have physical or mental impairments, such as vision, hearing, or speech impairments that substantially limit the ability to communicate."

  ----- Original Message ----- 
  From: Farmer, Mel (LARA) 
  To: joe harcz Comcast (joeharcz at comcast.net) 
  Cc: Zimmer, Mike (LARA) ; Rodgers, Edward (LARA) ; Haynes, Carla (LARA) 
  Sent: Monday, October 21, 2013 4:38 PM
  Subject: FW: Joseph Harcz FOIA Response to Oct 16 2013 Email Request


  Mr. Harcz, the attached is to address your October 16, 2013 email to Mr. Michael Zimmer asserting that LARA is not complying with the Federal Americans with Disabilities Act (ADA) and Section 504 the federal Rehabilitation Act of 1973 regarding fee charges to search for and examine requested public records/information. The attached response is intended to illustrate that LARA is in-fact in compliance with both state and federal statutes, guidelines, and regulations regarding the processing of written requests for  existing nonexempt public records/information, whether requested under the state's FOIA, or otherwise."



  LARA and BSBP are not Title III places of public accommodation, but rather ADA, Title II public entities which have a much higher standard, along with Section 504 of the Rehabilitation for undue hardship provisions.



  And as I've sent you and relevent parties those before you, as a state actor as well as Mr. Zimmer et al have been dully informed and thus are acting with deliberate indifference to these civil rights laws and thus have violated individually 442USC1983.



  Sincerely,



  Paul Joseph Harcz, Jr.



  cc: several