[nfbmi-talk] the problem
Terry D. Eagle
terrydeagle at yahoo.com
Mon Jan 27 20:34:32 UTC 2014
The Answer to the Problem:
As I see the problem of accessible format for the blind, the discrimination
will not stop until, (1) governmental officials are jailed and held for
civil contempt, until compliance, mot promises, is achieved;; and, (2) hefty
fines are assessed and paid by violators to persons who have been
discriminated against, sending a clear message and intent that disability
discrimination will not be tolerated any more than race, gender, or other
forms of discrimination, which are closely monitored and anti-discrimination
laws are enforced through complaint investigation and secret shopper
programs. We as persons with a disabilities cannot even get a complaint
answered and investigated by anti-discrimination authorities and advocates,
let alone secret shopper testing for discrimination based on disability!
Judge Rules NYCHA Suit Brought by Blind Staten Island Resident May Proceed
July 19, 2012, Staten Island, NY-
A federal judge
in Brooklyn has ruled that a suit brought against the New York City Housing
Authority (NYCHA) by a Staten Island resident who is blind may proceed
efforts by NYCHA to have the matter dismissed. The plaintiff is arguing that
refusing to accommodate his disability, and by providing him repeatedly with
written notices that he is unable to read, NYCHA is violating civil rights
Justin Williams sued NYCHA in 2010 for terminating his
tenancy when he failed to respond to written notices. Mr. Williams had
been a Section 8 tenant for 15 years, and NYCHA was aware that he was blind.
Although NYCHA subsequently reinstated his Section 8 housing and promised to
provide future notices on audio disks, it has failed to do so more than 18
NYCHA asked the Court to dismiss the case, arguing that
it had addressed Mr. Williams' claims and that the case was now moot. In
denying NYCHA's motion, District Judge Frederic Block noted that "[NYCHA]'s
communications with [Williams] have continued to be in the form of
written documents, which Williams cannot read without assistance." Judge
Block also emphasized that "[t]he harm Williams faces is not loss of his
subsidy, but [NYCHA]'s discriminatory treatment."
Mr. Williams seeks an order that NYCHA cease its
discriminatory practice by providing him with notices in an accessible
format. Such an order would ensure that hundreds of others like Williams
will not face homelessness because they cannot read notices. "I'm relieved
the court hasn't let NYCHA get away with ignoring this problem," said Mr.
Williams. "I want NYCHA to provide me with documents I can understand."
"The sad irony is that not only does NYCHA fail to
accommodate residents of New York City who have disabilities, it does not
appear capable of complying with civil rights laws after it is sued for
violations and pledges its intention to comply. It appears that nothing
short of an injunction issued by the court - with the threat of contempt -
change NYCHA's ways," said Philip Smith, a partner with Patton Boggs LLP,
is representing Williams together with Nancy Goldhill and Shelly Agarwala of
Staten Island Legal Services, Kevin M. Cremin of MFY Legal Services, Inc.
Edward Josephson of Legal Services NYC.
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
Sent: Monday, January 27, 2014 7:38 AM
To: nfbmi-talk at nfbnet.org
Cc: BRIAN SABOURIN; Elmer Cerano MPAS; MARK CODY; MARK MCWILLIAMS MPAS
Subject: [nfbmi-talk] the problem
Note the judges ruling in this case of a blind person who had
servicesreinstated, but the discrimination continued against him and the
It is not enough to reinstate required services, the seminal issue is the
continued violation of civil rights!
And that goes on daily in Michigan against those who are blind by all state
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