[nfbmi-talk] Fw: National Federation of the Blind of MichiganRESOLUTION

joe harcz Comcast joeharcz at comcast.net
Tue Feb 18 21:19:25 UTC 2014


Good work sir.

Say did you send them a link to our position papers?

Best,

Joe
----- Original Message ----- 
From: "Marcus Simmons" <president at map-n.org>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, February 18, 2014 3:32 PM
Subject: [nfbmi-talk] Fw: National Federation of the Blind of 
MichiganRESOLUTION


> FYI
>
> ----- Original Message ----- 
> From: Karen Adams-Powell
> To: Marcus Simmons
> Sent: Tuesday, February 18, 2014 2:47 PM
> Subject: RE: National Federation of the Blind of Michigan RESOLUTION
>
>
> Dear Mr. Simmons - I wanted to acknowledge receipt of the proposed 
> Resolutions you sent to me and Senator Gregory last evening.  I will be 
> discussing the proposals with the Senator and his Legislative Director and 
> we will get back in touch with you as soon as possible.  Thank you. ~ 
> Karen
>
>
>
> Karen Adams-Powell
>
> Constituent Relations Director
>
> Office of Senator Vincent Gregory
>
> (517) 373-0486 Direct
>
> (517) 373-7888 Office
>
> (517) 373-2983 Fax
>
> kpowell at senate.michigan.gov
>
>
>
> From: Marcus Simmons [mailto:president at map-n.org]
> Sent: Monday, February 17, 2014 9:16 PM
> To: Karen Adams-Powell
> Subject: National Federation of the Blind of Michigan RESOLUTION
>
>
>
> RESOLUTION 2013-01
> A Resolution to Re-establish the Michigan
> Commission for the Blind through an Act of the Legislature
>                WHEREAS, Executive Order 2012 - 10 abolishes the Board of 
> Commissioners,
> established by Public Act 260 of 1978, as amended, section 393.352 of 
> Michigan Compiled
> Laws; and
>                WHEREAS, The abolition of the Michigan Commission for the 
> Blind Board
> of
> Commissioners under Executive Order 2012 - 10 eliminates the Commission 
> board's
> participation to develop and set the policies that affect the lives of 
> blind citizens
> both
> personally and professionally; and
>                WHEREAS, Executive Order 2012 -10 does not comply with PA 
> 260 of
> 1978
> and the Executive Organization Act of 1965 and other federal regulations 
> required
> under the Rehabilitation Services Administration as the Board of 
> Commissioners has
> been
> abolished and replaced with an Advisory Board. The Advisory Board is only 
> to advise
> the Director of the Bureau of Services for Blind Persons; and
>                 WHEREAS, Executive order 2012-10 grants to The director of 
> Licensing
> and
> Regulatory Affairs the authority to make final agency decisions related to 
> grievances
> filed under due process rights granted by promulgated rules against the 
> department
> providing no fair and impartial review and judgment of such adjudication, 
> thereby
> creating an unethical conflict of interest:  Now, therefore,
>                BE
> IT RESOLVED that the National Federation of the Blind of Michigan in 
> convention
> assembled this 20th day of October, 2013, in
> the city of Grand Rapids, Michigan causes the Michigan
> Legislature to enact a bill to abolish the Bureau of Services for Blind 
> Persons and
> the
> position of Director and to re-establish the Michigan Commission for the 
> Blind, The
> Board of Commissioners and position of Director, and all other rights to 
> the Commission
> Board found in P.A. 260.
>
> RESOLUTION 2013-02
> A Resolution Related to Program Access and BSBP
>                WHEREAS, all Vocational Rehabilitation entities, including 
> the Michigan
> Bureau of Services for Blind Persons, (BSBP) have long ago been required 
> to provide
> "program access" to all the facilities it uses on a daily basis and to 
> hold hearings,
> meetings and events in fully accessible facilities, even to the point of 
> signing
> assurances with the Rehabilitation Services Administration annually that 
> it does
> fully comply with these long-standing obligations; and
>                WHEREAS, one of those long-standing requirements was, and 
> is to have
> raised character Braille signage mounted on every permanent room, nearest 
> the latch
> side of each door in accordance with American with Disabilities Act 
> Guidelines (3.40.1,
> 4, 5, and 6); and
>                WHEREAS, all such barriers were to have been removed under 
> the required
> ADA transition plan by no later than July 26, 1995, exist to this very day 
> in most,
> if not all, facilities used by the BSBP; and
>                WHEREAS, the ADA and Section 504 of the Rehabilitation Act 
> are civil
> rights laws requiring affirmative action; and therefore these inactions by 
> the BSBP
> constitute not only gross dereliction of known duties and deliberate 
> indifference
> to these civil rights laws, but also must be considered malicious and 
> intentional
> acts of mass discrimination; and
>                WHEREAS, members of, and indeed the entire state affiliate 
> of the
> National Federation of the Blind of Michigan (NFBMI), have promoted the 
> full application
> of these requirements repeatedly over the years along with documenting 
> violations;
> and
>                WHEREAS, the NFBMI has long promoted Braille, including its 
> use in
> the building environment, for reasons obvious to all:  Now, therefore
>                BE IT RESOLVED
> that the National Federation of the Blind of Michigan in convention 
> assembled this
> 20th day of October, 2013, in
> the city of Grand Rapids, Michigan will
> lodge  a formal Complaint forthwith with the Office of Civil Rights (OCR) 
> in the
> United States Department of Education, along with supporting 
> documentation, on behalf
> of all its members, and indeed all people who are blind in the State of 
> Michigan,
> against   the Michigan Department of Licensing and Regulatory Affairs and 
> the Bureau
> of Services for Blind Persons as an entity; and
>                BE IT FURTHER RESOLVED that as a part of this Complaint, 
> the NFBMI
> urges OCR to promptly enforce our individual and collective civil rights 
> and to make
> the class whole as its charge.
>
> RESOLUTION 2013-03
> Bureau of Services for Blind Persons Lack of Compliance
>                WHEREAS, the Rehabilitation Act of 1973 requires the 
> following:
> 1. Public hearings for the gathering of information regarding the State 
> Plan for
> provision of rehabilitation services;
> 2. The State Rehabilitation Council requires representation from all 
> disability groups;
> 3. Information related to the provision of services
> . and consumer rights be provided in an accessible format as the preferred 
> format
> of the individual;
> 4. Consumers are afforded choice in development and implementation of 
> their Individualized
> Plan for Employment with regard to career choices and service providers;
> 5. Individuals who are beneficiaries of SSI and SSDI shall not be required 
> to contribute
> such benefits toward the fulfillment of their individualized plan for 
> employment;
> and
>                WHEREAS, the experiences of blind consumers of 
> rehabilitation services
> and the most recent findings of the Federal Monitoring Report of 2009 
> demonstrates
> a total lack of regard for the above requirements; and
>                WHEREAS, not withstanding the individual and collective 
> pleas of
> blind consumers to the Rehabilitation Services Administration, including 
> to the Commissioner
> of RSA directly, to address and to correct failure to comply with the 
> provisions
> of the Act, and nothing has been done:  Now, therefore,
>                BE IT RESOLVED
> that the National Federation of the Blind of Michigan in convention 
> assembled this
> 20th day of October, 2013, in
> the city of Grand Rapids, Michigan
> calls upon the Rehabilitation Services Administration to take immediate 
> and affirmative
> steps to fully enforce the Rehabilitation Act and its regulations with 
> regard to
> the Bureau of Services for Blind Persons (BSB P) to ensure ongoing 
> oversight of BSBP
> operation and administration, including particular attention to consumer 
> choice,
> public input,  the illegal requirement that SSI and SSDI beneficiaries 
> contribute
> to their employment plan, the appropriate composition of the State 
> Rehabilitation
> Council and remediation of all findings of the Federal Monitoring Report.
>
> RESOLUTION 2013-04
> 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 in 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
> repeatedly denied advocates, petitioners and respondents who are blind 
> 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 Bureau of Services for Blind Persons 
> 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 that the National Federation of the Blind of 
> Michigan
> in convention assembled this 20th day of October, 2013, in
> the city of Grand Rapids, Michigan
> will lodge a Complaint forthwith against the Michigan Department of 
> Licensing and
> Regulatory Affairs (MAHS's parent), MAHS, and The
> Bureau of Services for Blind Persons within the United States Department 
> of Justice,
> Civil Rights Division, Disability Rights Section, and the civil rights 
> office of
> the United States Attorney for Michigan.
>
> RESOLUTION 2013-05
> Effective Communications and the Bureau of Services for Blind Persons
>              WHEREAS, Title I of the Rehabilitation Act of 1973 requires 
> that all
> Vocational Rehabilitation agencies, including the Michigan Bureau of 
> Services for
> Blind Persons (BSBP) communicates effectively through "appropriate modes 
> of communication:
> with all customers; and
>             WHEREAS, Title II of the Americans with Disabilities Act of 
> 1990 (Subpart
> e, Communications) requires that all entities of State and local 
> government provide
> information to all people who are blind in their most effective format and 
> in a timely
> manner, including, of course, all those engaged with the Michigan Bureau 
> of Services
> for Blind Persons; and
>             WHEREAS, Section 504 of the Rehabilitation Act of 1973 
> requires the
> same; and
>              WHEREAS, it has been documented over the years that BSBP does 
> not,
> in all cases, remit timely materials in Braille, audio, electronic, or 
> large print
> even after continued requests from customers, Business Enterprise Program 
> licensees
> and members of the public who are blind; and
>                WHEREAS, these documented and ongoing breaches of civil 
> rights laws
> delay, deny and otherwise inhibit delivery of required services and "due 
> process
> and equal protection" under these laws and thus constitute systemic, 
> chronic and
> pervasive acts of discrimination against people who are blind in the State 
> of Michigan;
> and
>                WHEREAS, the National Federation of the Blind of Michigan 
> is the
> leading advocate for the rights of all the blind of Michigan, and believes 
> such violations
> of the law by the BSBP denies blind persons of their right to equal access 
> and such
> violations could be readily corrected by the BSBP:  Now, therefore,
>                BE IT RESOLVED
> that the National Federation of the Blind of Michigan in convention 
> assembled this
> 20th day of October, 2013, in
> the city of Grand Rapids, Michigan
> will file a Complaint forthwith to the United States Department of 
> Education's Office
> of Civil Rights against the Michigan Bureau of Services for Blind Persons 
> detailing
> the chronic acts of discrimination and demanding prompt compliance with 
> all applicable
> laws in these regards.
>
> RESOLUTION 2013-06
> A Resolution to Promote
> STEM and Braille
>             WHEREAS, there is national recognition that Science, 
> Technology, Engineering
> and Math (STEM) fields of study are not being engaged in by sufficient 
> numbers of
> all students; and
>             WHEREAS, historically, blind students have been excluded or 
> limited
> in their participation in STEM careers and fields of study in K-12 and 
> higher education;
> and
> WHEREAS, such pioneers as Dr. Abraham Nemeth Gereig Vermeij and Cary 
> Supalo, among
> many others have shown that given the opportunity and training blind 
> people can excel
> in STEM careers on terms of equality with their sighted peers; and
> WHEREAS, Dr. Abraham Nemeth resided in Michigan for most of his adult life 
> and was
> the world's premier inventor and innovator of the Braille reading and 
> writing system
> after Louis Braille, himself; and
> WHEREAS, The National Federation of the Blind of Michigan (NFBMI declares 
> its ongoing
> commitment to Braille as a fundamental means of access to equality with 
> our sighted
> peers; and
> WHEREAS, Braille literacy in America and in
> Michigan
> has decreased to a morbidly unacceptable rate; and
> WHEREAS, the NFBMI has actively been engaged in the support and promotion 
> of Braille
> by sponsoring a Braille Literacy law; and
> WHEREAS, for the past 4 years the NFBMI has been a leader in providing 
> opportunities
> for blind youth to gain experience in and learn about STEM and Braille 
> activities
> through summer science and Braille camping programs and birding and nature 
> education
> programs; and
> WHEREAS, our primary base of operations has been
> Camp Tuhsmeheta
> through various agreements with Opportunities Unlimited for the Blind 
> (OUB); and
> WHEREAS, Camp Tuhsmeheta
> remains an attractive and rich possible site for future STEM activities; 
> and
> WHEREAS, ongoing attempts to negotiate satisfactory agreements with OUB 
> have yielded
> less than satisfactory results; and
> WHEREAS, the NFBMI wishes to use its energy to focus on programming and 
> not to have
> to be concerned with tangential contractual and philosophical matters; and
> WHEREAS, the OUB Board has continued to drift further from an acceptable 
> philosophical
> base for working with blind adults and youth; and
> WHEREAS, a tipping point has been reached which makes it preferable to 
> seek new
> relationships and create STEM programs which meet our academic standards 
> and are
> presented within a positive philosophy of blindness which affirms that any 
> blind
> student can successfully engage in STEM activities and enjoy a supportive, 
> encouraging
> environment and understand that all activities, policies and practices 
> maintain the
> highest expectations for all participants and employees:  Now, therefore,
>  BE IT RESOLVED
> that the National Federation of the Blind of Michigan in convention 
> assembled this
> 20th day of October, 2013, in
> the city of Grand Rapids, Michigan
> adopt as an ongoing project the active presentation of STEM and Braille 
> training
> to youth in any setting or season deemed appropriate for such teaching; 
> and
>                BE IT FURTHER RESOLVED that this organization actively seek 
> out and
> expend funds and enter into contractual or other agreements necessary to 
> provide
> high quality teaching programs, employees and goods and services  which 
> conform to
> the principles set forth herein; and
>                BE IT FURTHER RESOLVED that this organization support STEM 
> and Braille
> teaching staff and administrators by funding board approved positions, 
> salaries,
> training, acquiring equipment and materials and paying reasonable expenses 
> including
> travel, room and board and related expenses under the guidance and 
> oversight of the
> President and board of this organization.
>
> RESOLUTION 2013-07
> Reopening and Expanding Business Employment Opportunities for the Blind 
> through the
> Michigan Business
> Enterprise Program
>  WHEREAS, the Michigan Business Enterprise Program (BEP) of the Bureau of 
> Services
> for Blind Persons (BSBP) has a  rich history of providing business 
> employment opportunities
> to blind persons through the Randolph Shepherd Act and Regulations, and 
> Public Act
> 260 of 1978 as amended and
>              WHEREAS, the BEP is the single largest employer of blind 
> persons within
> the state of
> Michigan
> ; and
>             WHEREAS, over a period of years the business employment 
> opportunities
> for the blind have gradually declined from a program high of 119 vending 
> facilities
> to a current low of 72 vending facilities due to systemic factors as well 
> as unqualified
> and incompetent management and unethical and illegal business and 
> administrative
> practices; and
> WHEREAS, such practices have resulted in the closure of locations, the 
> failure to
> appropriately maintain and remodel existing facilities, discrimination 
> against qualified
> blind individuals and the ongoing use of ineligible unqualified sighted 
> persons:
> Now, therefore,
>   BE IT RESOLVED that the National Federation of the Blind of Michigan (
> NFBMI) in convention
> assembled this 20th
> day of October, 2013, in the city of Grand Rapids, Michigan condemns and 
> deplores
> the actions of the BEP leading to the decline in the number of business 
> employment
> opportunities for blind persons; and
>   BE IT FURTHER RESOLVED that the NFBMI demand compliance with all 
> applicable program
> laws, rules and regulations; and
>   BE IT FURTHER RESOLVED that this organization demands that Governor 
> Snyder take
> immediate action to protect job opportunities for blind people in
> Michigan
> by ordering that all state officials comply with all BEP laws, rules and 
> regulations
> and re-establish sound business practices in the BEP.
>
> RESOLUTION 2013-08
> Guide Dog Statute Changes
>                WHEREAS, the Michigan penal code Michigan Compiled Laws 
> 750.502 includes
> a provision making it a misdemeanor for any responsible person to prohibit 
> a person
> who is blind or disabled from entering a public facility with a guide dog 
> or service
> dog; and
>                WHEREAS, this same statute includes a number of provisions 
> that violate
> The Americans With Disabilities Act and stand in stark contrast to white 
> cane type
> statutes in other states; and
>                WHEREAS, these include but are not limited to:
> 1. Requiring a guide dog handler or trainer to carry a photo ID certifying 
> that the
> animal is a guide dog or service dog;
> 2. Requiring that guide dogs must wear a vest, harness, backpack or leash 
> of blaze
> orange, identifying it as a service animal;
> 3. Requiring that the Department of Labor maintain a list of all schools 
> and/or trainers
> That are certified to train guide dogs; and
>                WHEREAS, the statute improperly refers to blind people 
> and/or dog
> trainers as being led by their guide dogs rather than simply using the 
> term "accompanied"
> and repeatedly uses the term "leader dog" which is a term of art used by 
> one particular
> school and should not in the generic sense refer to a guide dog:  Now, 
> therefore,
>                BE IT RESOLVED that the National Federation of the Blind of 
> Michigan
> in convention assembled this 20
> th
> day of October, 2013, in the city of Grand Rapids, Michigan take all 
> appropriate
> and necessary steps, including working closely with the state legislature 
> to amend
> Michigan Compiled Law 750.502 to bring it into compliance with the 
> Americans With
> Disabilities Act and consistent with similar statutes in other states by 
> removing
> the requirements involving specific identification or certification and 
> eliminating
> references to guide dogs "leading" their handlers and removing the term 
> "leader dog"
> from the language of the law.
>
> RESOLUTION 2013-09
> Abraham Nemeth Commendation
>                WHEREAS, Dr. Abraham Nemeth has changed the lives of 
> countless blind
> people through his pioneering work, creating the Nemeth Braille Code for 
> Mathematics
> and Scientific Notation; and
>                WHEREAS, the Nemeth Code continues to make it possible for 
> blind
> men and women to pursue careers in the fields of science, technology, 
> engineering
> and mathematics, supporting themselves and their families and changing the 
> public
> perception of blindness in a positive way; and
>                WHEREAS, Michiganders blind and sighted, would profit by 
> knowing
> about the life and work of this inspiring man who happened to be blind: 
> Now, therefore,
>                BE IT RESOLVED that the National Federation of the Blind of 
> Michigan
> in convention assembled this 20
> th
> day of October, 2013, in the city of Grand Rapids, Michigan call upon the 
> Michigan
> Legislature to formally and officially recognize the pioneering work and 
> remarkable
> life of Dr. Abraham Nemeth and designate October 16 of each year as Dr. 
> Abraham Nemeth
> Day in Michigan in remembrance of his birthday and accomplishments.
>
>
>
>
> Changing what it means to be blind,
> Marcus Simmons, President,
> Wayne County chapter NFBMI
> Second Vice-president, NFB Deaf/Blind Division
> 28179 Brentwood
> Southfield, MI 48076-3069
> president at map-n.org
> (248) 552-8928
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