[nfbmi-talk] reiterated requests ada/504 compliance and complaint!

[joe harcz Comcast]

February 13 2014 More Requests for Access Info

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris, MI 48458

810-516-5262

joeharcz at comcast.net

 

Re: Continued ADA, 504 Violations and Discrimination

 

CENTRAL ADMINISTRATIVE OFFICE

Bureau of Services for Blind Persons

201 N. Washington, 2nd Floor

P.O. Box 30652

Lansing, MI 48909

Phone (voice): (517) 373-2062

Fax: (517) 335-5140

TTY (517) 373-4025

Toll-Free Numbers:

1-800-292-4200 (voice, answered in Lansing)

1-800-323-2535 (voice, answered in Escanaba)

TTY 888-864-1212

 

(Request via e-mail)

 

 

Edward Rodgers, II Director

Mike Pemble, Deputy Director

Sue Luzenski, Admin. Ass.

 

All,

 

I am writing you today to re-iterate requests for public information in accessible format related to the activities of the BSBP, in accordance with my known civil rights under the Americans with Disabilities Act of 1990, Title II, relevant sections of the Rehabilitation Act of 1973 (which creates and funds BSBP, by the way), and the Michigan Persons with Disabilities Civil Rights Act.

 

I’ve repeatedly requested timely delivery in accessible format, and in deed affirmative action (re: Tyler v. Manhattan) , in delivering information related to public meetings of the BSBP “Commission”. That includes all minutes/transcripts, agendas, and each and every scrap of paper sent to the commissioners for these are public records, readily available in accessible format, and yet I’ve not even received the past three meeting minutes eeven after numerous requests. Moreover no agenda of the last meeting was sent to anyone and it wasn’t even posted to BSBP’s web site. Now, you Mr. Rodgers and others have been informed in writing, with regulatory citations and case law relative to your requirements to make all meetings of BSBP accessible, including information therein, without surcharge or delay. Yet, you haven’t even responded to several requests for information which is a violation of my civil rights. And since you have been informed copiously of these requirements you act deliberately in suborning my civil rights as a State actor and thus violate knowingly 42USC1983.

 

Now, sir I  repeat my request for all information sent to the BSBP Commissioners immediately including aforementioned minutes, but also including any reports, etc. 

 

I am making these requests of course as a blind citizen. You may send these requested documents as either plain text attachments or enclosures to my e-mail address listed above.

 

Failure to respond and to remit again displays malicious, knowing and intentional violations of known civil rights and is actionable under the ADA, 504 and 1983.

 

 

Access to information related to BSBP is a fundamental civil right, indeed access for all people with disabilities to all VR programs is a civil right. These rights were established under Section 504 of the Rehabilitation Act more than forty years ago. They were  again  reestablished under Title II of the ADA now almost 24 years ago. I think this is enough time for your agency to come in to compliance. I will no longer wait however for my civil rights.

 

By the way I’m still awaiting the accessable copy of the consumer satisfaction survey that Mr. Pemble outright lied about during the December 2013 MCRS meeting. I’ve requested that as you know and still have not received it.

 

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: Mich. Protection and Advocacy Svs.

Cc: BSBP Commissioners

Cc: RSA

Cc: U.S. Dept. of Justice, Disabilities Rights Section

Cc: MM, MCRS

Cc: BS, MCRS, CAP

Cc: M. Zimmer, DSA/LARA