[nfbmi-talk] Fw: again they were notified
joe harcz Comcast
joeharcz at comcast.net
Fri Jan 3 16:51:56 UTC 2014
Goes to BSBP too. How long before the "lead agency for the blind" in this state comoplies with our known civil right to access information in a timely manner?
Joe Harcz
From: "Harcz-Flintadapt-nfb" <michiganadapt at peoplepc.com>
To: <newsomj at michigan.gov>
Cc: "crawford c." <ccrawford at acb.org>; <nfb at nfb.org>; <jgashel at nfb.org>; <mbrunson at acb.org>; <casey354 at ameritech.net>; "Fred Wurtzel" <WurtzelF at MICHIGAN.GOV>; "Simon, Michael" <Michael.Simon at mail.house.gov>; <sally.conway at usdoj.gov>; "Charis Austin" <charis533 at ATTBI.COM>; "scott shinezman" <sheinzman at prodigy.net>; <mikezelley at aol.com>; "Patrick Cannon" <CannonP at STATE.MI.US>
Subject: fia self eval ada request
Date: Thursday, April 04, 2002 2:13 PM
April 4, 2001
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
810-686-1316
E-mail: michiganadapt at peoplepc.com
www.education-rights.org
Re: Request for ADA, Title II Self Evaluation, And Effective Communications Policy
James Newsom
Family Independence Agency
ADA Coordinator
235 South Grand Ave.
Suite 1412
Lansing, MI 48909
517-373-8520
newsomj at michigan.gov
Also: Ms. Thiamm
hall-thiamm at michigan.gov
Dear Mr. Newsom and Ms. Thiamm,
As I discussed over the telephone today with Ms. Thiamm I am writing you to request in accessible format The Family Independence Agency and its subdivision's ADA, Title II Self Evaluation that was required to be conducted by January 26, 1993 by all state and local governmental entities (28.CFR, 35 (Title II), II-8.2000 Self-evaluation). It should be noted that implementation of an effective communications policy was required on the date implementing the ADA; title II regulations which was January 26, 1992.
I am most concerned about your agency's means, methods and procedures for making visually delivered information such as forms, applications, brochures, program notices, consumer records available in accessible formats, a timely manner and based upon "primary consideration" to the blind and visually impaired as the regulations require (28.CFR, 35 (Title II), Subpart e, Communications).
You might also reference the following for general regulatory requirements:
"28 C.F.R., 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of
The public with disabilities are as effective as communications with others.
The self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully
excluded, segregated, or restricted in any way as the result of communication barriers."
Precisely I would like to know the following:
*What documents and other delivery systems such as web sites does the agency use?
*What methods are used to make them accessible on an affirmative basis? To wit:
1.. Is your web site fully accessible to users of screen reading technology or other adaptive devices?
2.. are the documents themselves accessible?
*What types of forms and other printed information are made accessible prior to request in the following formats?
-large print
-Braille
-computer diskette and/or e-mail attachments
-audio tape
-agency use of qualified readers
*Also would you list the means, methods and protocols for remitting the above information that is not affirmatively produced in a timely manner?
It should be noted that case law such as Tyler v. City of Manhattan (857 F. Supp. 800 (D. Kan.1994) (
requires that public entities must act affirmatively in these regards (1).
I have also been informed that many of your offices do not have raised character and Braille signage on every permanent room including room numbers as the Americans with Disabilities Act Access Guidelines (attached-2) require. In fact I've had occasion as a client to visit the state building in Flint, which your agency has several offices and raised character and Braille signage except on elevators and rest rooms is conspicuously absent.
For additional resources, citations and self-evaluation guides please feel free to use my web site: www. Education-rights.org. You may link to the U.S. Dept. of Justice's web site through my site as well and access statute, regulations and "action guides".
As a blind person I am of course requesting that any correspondences or the remission of requested information be remitted in accessible format. My only request at this time is to have all correspondences remitted as either Word or plain text attachments to my e-mail address listed above.
I sincerely hope that this request will help ensure that all blind and visually impaired persons in the State of Michigan can access the full range of services, programs, benefits and activities offered by your agency on equal and effective terms with the non-visually impaired.
If I can be of any assistance in helping your agency comply with both the letter and spirit of the law please do not hesitate to ask. I truly wish to get to the bottom line on a cooperative basis.
Finally, I would like to thank Ms. Thiamm for her courteous response to my inquiries on directory and other information in today's phone call.
Respectfully Submitted,
Paul Joseph Harcz, Jr.
Cc: Michigan Commission for the Blind
Cc: National Federation of the Blind of Michigan and United States
Cc: The American Council of the Blind and the Michigan Council of the Blind and Visually Impaired
Cc: Michigan ADAPT
Cc: Disability Network
Cc: U.S. Representative Dale Kildee
Cc: U.S. Dept. Of Justice, Civil rights division
Reference Note Number One:
>From Legal Foundations to Accessible Information, American Foundation for the Blind:
".The courts have held that a public entity
violates its obligations under the Americans with Disabilities Act when it
simply responds to individual requests for accommodation on an ad-hoc basis.
A public entity has an affirmative duty to establish a comprehensive policy
in compliance with Title II in advance of any request for auxiliary aids or
services [see Tyler v. City of Manhattan, 857 F.Supp. 800 (D. Kan. 1994)]. A
recognized good practice in establishing such a comprehensive policy is to
consult with the disability community, especially those members most likely
to request accommodations. "
From: Americans with Disability Act Access Guidelines-US. Access Board:
(7) Building Signage. Signs which designate permanent rooms and
spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6. Other
signs which provide direction to, or information about, functional
spaces of the building shall comply with 4.30.1, 4.30.2, 4.30.3,
and 4.30.5. Elements and spaces of accessible facilities which
shall be identified by the International Symbol of Accessibility
and which shall comply with 4.30.7 are:
(a) Parking spaces designated as reserved for individuals with
disabilities;
(b) Accessible passenger loading zones;
(c) Accessible entrances when not all are accessible
(inaccessible entrances shall have directional signage to indicate
the route to the nearest accessible entrance);
(d) Accessible toilet and bathing facilities when not all are
accessible.
4.30 Signage.
4.30.1* General. Signage required to be accessible by 4.1 shall
comply with the applicable provisions of 4.30.
4.30.2* Character Proportion. Letters and numbers on signs shall
have a width-to-height ratio between 3:5 and 1:1 and a
stroke-width-to-height ratio between 1:5 and 1:10.
4.30.3 Character Height. Characters and numbers on signs shall be
sized according to the viewing distance from which they are to be
read. The minimum height is measured using an upper case X. Lower
case characters are permitted.
Height Above Finished Floor Minimum Character Height
Suspended or Projected Overhead in compliance with 4.4.2
3 in (75 mm) minimum
4.30.4* Raised and Brailed Characters and Pictorial Symbol Signs
(Pictograms). Letters and numerals shall be raised 1/32 in, upper
case, sans serif or simple serif type and shall be accompanied with
Grade 2 Braille. Raised characters shall be at least 5/8 in (16
mm) high, but no higher than 2 in (50 mm). Pictograms shall be
accompanied by the equivalent verbal description placed directly
below the pictogram. The border dimension of the pictogram shall
be 6 in (152 mm) minimum in height.
4.30.5* Finish and Contrast. The characters and background of
signs shall be eggshell, matte, or other non-glare finish.
Characters and symbols shall contrast with their background --
either light characters on a dark background or dark characters on
a light background.
4.30.6 Mounting Location and Height. Where permanent
identification is provided for rooms and spaces, signs shall be
installed on the wall adjacent to the latch side of the door.
Where there is no wall space to the latch side of the door,
including at double leaf doors, signs shall be placed on the
nearest adjacent wall. Mounting height shall be 60 in (1525 mm)
above the finish floor to the centerline of the sign. Mounting
location for such signage shall be so that a person may approach
within 3 in (76 mm) of signage without encountering protruding
objects or standing within the swing of a door.
4.30.7* Symbols of Accessibility.
(1) Facilities and elements required to be identified as
accessible by 4.1 shall use the international symbol of
accessibility. The symbol shall be displayed as shown in Fig.
43(a) and (b).
(2) Volume Control Telephones. Telephones required to have a
volume control by 4.1.3(17)(b) shall be identified by a sign
containing a depiction of a telephone handset with radiating sound
waves.
(3) Text Telephones. Text telephones required by 4.1.3(17)(c)
shall be identified by the international TDD symbol (Fig 43(c)).
In addition, if a facility has a public text telephone, directional
signage indicating the location of the nearest text telephone shall
be placed adjacent to all banks of telephones which do not contain
a text telephone. Such directional signage shall include the
international TDD symbol. If a facility has no banks of
telephones, the directional signage shall be provided at the
entrance (e.g., in a building directory).
(4) Assistive Listening Systems. In assembly areas where
permanently installed assistive listening systems are required by
4.1.3(19)(b) the availability of such systems shall be identified
with signage that includes the international symbol of access for
hearing loss (Fig 43(d)).
4.30.8* Illumination Levels. (Reserved).
----- Original Message -----
From: joe harcz Comcast
To: Elan Nichols
Sent: Friday, January 03, 2014 11:42 AM
Subject: again they were notified
From: "Harcz-Flintadapt-nfb" <michiganadapt at peoplepc.com>
To: <newsomj at michigan.gov>
Cc: "crawford c." <ccrawford at acb.org>; <nfb at nfb.org>; <jgashel at nfb.org>; <mbrunson at acb.org>; <casey354 at ameritech.net>; "Fred Wurtzel" <WurtzelF at MICHIGAN.GOV>; "Simon, Michael" <Michael.Simon at mail.house.gov>; <sally.conway at usdoj.gov>; "Charis Austin" <charis533 at ATTBI.COM>; "scott shinezman" <sheinzman at prodigy.net>; <mikezelley at aol.com>; "Patrick Cannon" <CannonP at STATE.MI.US>
Subject: fia self eval ada request
Date: Thursday, April 04, 2002 2:13 PM
April 4, 2001
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
810-686-1316
E-mail: michiganadapt at peoplepc.com
www.education-rights.org
Re: Request for ADA, Title II Self Evaluation, And Effective Communications Policy
James Newsom
Family Independence Agency
ADA Coordinator
235 South Grand Ave.
Suite 1412
Lansing, MI 48909
517-373-8520
newsomj at michigan.gov
Also: Ms. Thiamm
hall-thiamm at michigan.gov
Dear Mr. Newsom and Ms. Thiamm,
As I discussed over the telephone today with Ms. Thiamm I am writing you to request in accessible format The Family Independence Agency and its subdivision's ADA, Title II Self Evaluation that was required to be conducted by January 26, 1993 by all state and local governmental entities (28.CFR, 35 (Title II), II-8.2000 Self-evaluation). It should be noted that implementation of an effective communications policy was required on the date implementing the ADA; title II regulations which was January 26, 1992.
I am most concerned about your agency's means, methods and procedures for making visually delivered information such as forms, applications, brochures, program notices, consumer records available in accessible formats, a timely manner and based upon "primary consideration" to the blind and visually impaired as the regulations require (28.CFR, 35 (Title II), Subpart e, Communications).
You might also reference the following for general regulatory requirements:
"28 C.F.R., 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of
The public with disabilities are as effective as communications with others.
The self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully
excluded, segregated, or restricted in any way as the result of communication barriers."
Precisely I would like to know the following:
*What documents and other delivery systems such as web sites does the agency use?
*What methods are used to make them accessible on an affirmative basis? To wit:
1.. Is your web site fully accessible to users of screen reading technology or other adaptive devices?
2.. are the documents themselves accessible?
*What types of forms and other printed information are made accessible prior to request in the following formats?
-large print
-Braille
-computer diskette and/or e-mail attachments
-audio tape
-agency use of qualified readers
*Also would you list the means, methods and protocols for remitting the above information that is not affirmatively produced in a timely manner?
It should be noted that case law such as Tyler v. City of Manhattan (857 F. Supp. 800 (D. Kan.1994) (
requires that public entities must act affirmatively in these regards (1).
I have also been informed that many of your offices do not have raised character and Braille signage on every permanent room including room numbers as the Americans with Disabilities Act Access Guidelines (attached-2) require. In fact I've had occasion as a client to visit the state building in Flint, which your agency has several offices and raised character and Braille signage except on elevators and rest rooms is conspicuously absent.
For additional resources, citations and self-evaluation guides please feel free to use my web site: www. Education-rights.org. You may link to the U.S. Dept. of Justice's web site through my site as well and access statute, regulations and "action guides".
As a blind person I am of course requesting that any correspondences or the remission of requested information be remitted in accessible format. My only request at this time is to have all correspondences remitted as either Word or plain text attachments to my e-mail address listed above.
I sincerely hope that this request will help ensure that all blind and visually impaired persons in the State of Michigan can access the full range of services, programs, benefits and activities offered by your agency on equal and effective terms with the non-visually impaired.
If I can be of any assistance in helping your agency comply with both the letter and spirit of the law please do not hesitate to ask. I truly wish to get to the bottom line on a cooperative basis.
Finally, I would like to thank Ms. Thiamm for her courteous response to my inquiries on directory and other information in today's phone call.
Respectfully Submitted,
Paul Joseph Harcz, Jr.
Cc: Michigan Commission for the Blind
Cc: National Federation of the Blind of Michigan and United States
Cc: The American Council of the Blind and the Michigan Council of the Blind and Visually Impaired
Cc: Michigan ADAPT
Cc: Disability Network
Cc: U.S. Representative Dale Kildee
Cc: U.S. Dept. Of Justice, Civil rights division
Reference Note Number One:
>From Legal Foundations to Accessible Information, American Foundation for the Blind:
".The courts have held that a public entity
violates its obligations under the Americans with Disabilities Act when it
simply responds to individual requests for accommodation on an ad-hoc basis.
A public entity has an affirmative duty to establish a comprehensive policy
in compliance with Title II in advance of any request for auxiliary aids or
services [see Tyler v. City of Manhattan, 857 F.Supp. 800 (D. Kan. 1994)]. A
recognized good practice in establishing such a comprehensive policy is to
consult with the disability community, especially those members most likely
to request accommodations. "
From: Americans with Disability Act Access Guidelines-US. Access Board:
(7) Building Signage. Signs which designate permanent rooms and
spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6. Other
signs which provide direction to, or information about, functional
spaces of the building shall comply with 4.30.1, 4.30.2, 4.30.3,
and 4.30.5. Elements and spaces of accessible facilities which
shall be identified by the International Symbol of Accessibility
and which shall comply with 4.30.7 are:
(a) Parking spaces designated as reserved for individuals with
disabilities;
(b) Accessible passenger loading zones;
(c) Accessible entrances when not all are accessible
(inaccessible entrances shall have directional signage to indicate
the route to the nearest accessible entrance);
(d) Accessible toilet and bathing facilities when not all are
accessible.
4.30 Signage.
4.30.1* General. Signage required to be accessible by 4.1 shall
comply with the applicable provisions of 4.30.
4.30.2* Character Proportion. Letters and numbers on signs shall
have a width-to-height ratio between 3:5 and 1:1 and a
stroke-width-to-height ratio between 1:5 and 1:10.
4.30.3 Character Height. Characters and numbers on signs shall be
sized according to the viewing distance from which they are to be
read. The minimum height is measured using an upper case X. Lower
case characters are permitted.
Height Above Finished Floor Minimum Character Height
Suspended or Projected Overhead in compliance with 4.4.2
3 in (75 mm) minimum
4.30.4* Raised and Brailed Characters and Pictorial Symbol Signs
(Pictograms). Letters and numerals shall be raised 1/32 in, upper
case, sans serif or simple serif type and shall be accompanied with
Grade 2 Braille. Raised characters shall be at least 5/8 in (16
mm) high, but no higher than 2 in (50 mm). Pictograms shall be
accompanied by the equivalent verbal description placed directly
below the pictogram. The border dimension of the pictogram shall
be 6 in (152 mm) minimum in height.
4.30.5* Finish and Contrast. The characters and background of
signs shall be eggshell, matte, or other non-glare finish.
Characters and symbols shall contrast with their background --
either light characters on a dark background or dark characters on
a light background.
4.30.6 Mounting Location and Height. Where permanent
identification is provided for rooms and spaces, signs shall be
installed on the wall adjacent to the latch side of the door.
Where there is no wall space to the latch side of the door,
including at double leaf doors, signs shall be placed on the
nearest adjacent wall. Mounting height shall be 60 in (1525 mm)
above the finish floor to the centerline of the sign. Mounting
location for such signage shall be so that a person may approach
within 3 in (76 mm) of signage without encountering protruding
objects or standing within the swing of a door.
4.30.7* Symbols of Accessibility.
(1) Facilities and elements required to be identified as
accessible by 4.1 shall use the international symbol of
accessibility. The symbol shall be displayed as shown in Fig.
43(a) and (b).
(2) Volume Control Telephones. Telephones required to have a
volume control by 4.1.3(17)(b) shall be identified by a sign
containing a depiction of a telephone handset with radiating sound
waves.
(3) Text Telephones. Text telephones required by 4.1.3(17)(c)
shall be identified by the international TDD symbol (Fig 43(c)).
In addition, if a facility has a public text telephone, directional
signage indicating the location of the nearest text telephone shall
be placed adjacent to all banks of telephones which do not contain
a text telephone. Such directional signage shall include the
international TDD symbol. If a facility has no banks of
telephones, the directional signage shall be provided at the
entrance (e.g., in a building directory).
(4) Assistive Listening Systems. In assembly areas where
permanently installed assistive listening systems are required by
4.1.3(19)(b) the availability of such systems shall be identified
with signage that includes the international symbol of access for
hearing loss (Fig 43(d)).
4.30.8* Illumination Levels. (Reserved).
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