[nfbmi-talk] {Disarmed} Fw: [NH_ADAPT] Fwd: Stinziano Bill Would Harm Disability Community

joe harcz Comcast joeharcz at comcast.net
Tue Jan 21 19:39:20 UTC 2014

----- Original Message ----- 
From: joe harcz Comcast 
To: Elmer Cerano MPAS 
Cc: MARK CODY ; BRIAN SABOURIN ; MARK MCWILLIAMS MPAS ; rhon koch ; Laura Hall ; Norm DeLisle ; Clark Goodrich ; Bill Earl MI ADAPT ; Leigh Campbell-Earl 
Sent: Tuesday, January 21, 2014 2:38 PM
Subject: Fw: [NH_ADAPT] Fwd: Stinziano Bill Would Harm Disability Community

Already in Michigan the state apparatchek thinks state laws trump our federal civil rights laws including the ADA and 504 in policy and practice.

Look how BSBP turns requests for information related to large and small policies in to arbitrary and caprices requests in order to circumvent the surcharge provisions and effective communications requirements of federal law.

It is plain upon its face.

Look how MCRC has onerous, paper based (i.e. requirement for notarized complaints) and how it turns every ADA, Title II complaint in to a stupid Persons with Disabilities Act complaint (a much weaker law).

Look how everyone thinks the State Architectural Code (which isn't accessable by the way to me) trumps the ADAAG and associated regulations including on provisions for raised character and Braille signage in accordence with ADAAG and also look how it "grandfathers" requirements! Shoot there anin't no "grandfather" requirement in the ADA or 5504 for that matter.

Look how various boards grant elevator excemptions to Title II entities more than two stories based upon state laws, when clearly there are no such excemptions under the ADA, Associated regulations, and the ADAAG.

This is a fait accompli in Michigan.

De facto and through these polices every state agenccy violates the ADA over and over again.

The only ting that will end this is multiple lawsuits and direct action.

Access Is an Overdue Civil Right here in Michigan,

----- Original Message ----- 
From: Tom Cagle 
To: nh_adapt at yahoogroups.com 
Sent: Tuesday, January 21, 2014 2:21 PM
Subject: [NH_ADAPT] Fwd: Stinziano Bill Would Harm Disability Community


---------- Forwarded message ----------
From: Disability Rights Ohio <sbrannan at disabilityrightsohio.org>
Date: Tue, Jan 21, 2014 at 11:52 AM
Subject: Stinziano Bill Would Harm Disability Community
To: oh.adapt at gmail.com

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                         January 21, 2014 

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                        Stinziano Bill Would Harm Disability Community

                        The mission of Disability Rights Ohio is to advocate for the human, civil, and legal rights of
                        people with disabilities in Ohio.

                        Rep. Stinziano Pushing Bill That Harms Individuals with Disabilities

                        Contact Information:

                        Stacy Brannan-Smith

                        Disability Rights Ohio

                        sbrannan at disabilityrightsohio.org

                        614-466-7264, Ext. 101

                        Members of the disability community will offer strong opposition testimony before the House Judiciary Committee on HB 333, a bill sponsored by Representative Michael Stinziano (D-Columbus). The hearing is set for Wednesday, January 22 at 4 p.m. in Room 122 of the Ohio Statehouse in Columbus.

                        HB 333 would discourage and delay compliance with Ohio's laws banning discrimination against individuals with disabilities, particularly related to access to facilities and related services. The bill lets businesses, developers, realtors, landlords and government officials "off the hook" for not complying with the Americans with Disabilities Act (ADA). Rather than encouraging compliance, this bill allows businesses at least five months to deny those with disabilities their rights.  

                        Fred Gittes, President of Protecting Ohio's Employees, said, "A blind tenant in an apartment complex with a no-pet policy may have to live without his or her service dog for at least five months if HB 333 becomes law. Or a deaf person, who needs sign language in an emergency room, may have to file a notice provision with the hospital and wait a minimum five months before getting the needed service." Gittes added, "This legislation is a step backwards for the members of our community with disabilities."  

                        Michael Kirkman, Executive Director of Disability Rights Ohio, stated, "The definition of accessibility laws in HB 333 is so broad that it will, by definition, cover the ADA.  However, state law cannot supersede federal law, so there will be confusion for businesses and the disability community about whether the notice provision is required." Kirkman added that even the Legislative Service Commission analysis states that if the bill applies to federal accessibility laws, it may be unconstitutional. The federal ADA does not require notice to anyone as a prerequisite to litigation.

                        Kay Grier, Executive Director, Ohio Statewide Independent Living Council, said, "Perhaps the most disturbing provision in HB 333 is the section that allows a retaliatory suit against an individual with a disability. The bill allows the owner, agent, or other responsible party of a property to sue an individual and their attorney for filing an accessibility action without providing the notice required by this bill. This is true even if the responsible party knowingly broke the law. It will have a chilling effect on the enforcement of civil rights laws in Ohio." 

                        HB 333 is flawed and misguided legislation that will cause confusion in the business community and harm the disability community. 
                        Disability Rights Ohio on the Web

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