[nfbmi-talk] all notified of obligations years ago

[joe harcz Comcast]

And are a Director of a federally funded VR agency for the blind and yet 
have a law clerk?

Regardless goes to not only deliberate indifference to known civil rights 
laws, but also intentional and malicious, chronic and pervasive acts of 
discrimination against not only indivuals, but the entire class of blind 
persons here in Michigan.

Joe
----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Monday, January 27, 2014 3:48 PM
Subject: Re: [nfbmi-talk] all notified of obligations years ago


> The most sad and frustrating part is that violations are made by those who 
> are blind or allegedly blind, are state officials, and possess the 
> knowledge, position, authority and power to take appropriate action, make 
> a difference, and being about enforcement of accessibility provisions of 
> law, but refuse to do so, primarily because those blind persons have been 
> bought off to remain silent and not act in compliance with the law.  And 
> the most corrupt among the blind and disabled officials have a law degree 
> allegedly, and possess a license to practice law as an attorney.
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe 
> harcz Comcast
> Sent: Saturday, January 25, 2014 9:12 AM
> To: nfbmi-talk at nfbnet.org
> Cc: MARK CODY; Daniel Levy; BRIAN SABOURIN; Elmer Cerano MPAS; Sally 
> Conway USDOJ; MARK MCWILLIAMS MPAS
> Subject: [nfbmi-talk] all notified of obligations years ago
>
> All parties in this state including DHS and the Former Commission for the 
> Blind were notified of obligations to effectively communicate with the 
> blind of Michigan years ago. Yet, the violations persist in documented and 
> escalating manners against my person and the class to this day.
>
> This goes not only to deliberate indifference to known laws, but shows a 
> pattern and practice of willful discrimination that over time and given 
> the prevelence of incidents (again documented) must be considerred 
> intentional and malicious violations of ccivil rights by state actors.
>
> Joe Harcz
>
> This was from April 10, 2002
>
>
>
> And it was copied to Patrick Cannon and the MCB 2020 list serve among 
> others. Sure looks like a notice of obligations related to both alternate 
> formats and signage (and notice the reference to the Flint State Office 
> Building which is still mostly non-compliant). When will this stuff end?
>
>
>
> Joe Harcz
>
> April 14, 2010
>
>
>
> Disability grapevine archive of ada fia request with accessible format and 
> signage ref
>
> DisabilityGrapeVine : Message: Request for ADA, Title II Self Evaluation
>
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>
> The Disability Grapevine Online Newspaper: Issue # 5 -Wednesday Year 3
>
> http://www.disabilitygrapevine.com
>
> ****The Number One Daily Newspaper for People with Disabilities****
>
> ****************************************************
>
> Please do not respond to this posting. To send Articles, Letters to the
>
> Editor, or Classifieds, contact us at
>
> DGVEditor at ....
>
> Just Ask Joe
>
> Questions, email Joe at
>
> justaskjoe at ...
>
> ****************************************************
>
> Title: Request for ADA, Title II Self Evaluation, And Effective
>
> Communications Policy
>
>
>
> Author: James Newsom
>
>
>
> Article:
>
>
>
> Paul Joseph Harcz, Jr.
>
> 1365 E. Mt. Morris Rd.
>
> Mt. Morris, MI 48458
>
> 810-686-1316
>
> E-mail:
>
> michiganadapt at ...
>
> 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 ...
>
> Also: Ms. Thiamm
>
>
>
> hall-thiamm at ...
>
>
>
> 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:
>
>
>
> a. Is your web site fully accessible to users of screen reading technology
>
> or other adaptive devices?
>
> b. 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).
>
>
>
> [Non-text portions of this message have been removed]
>
>
>
> Wed Apr 10, 2002 4:02 am
>
>
>
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> The Disability Grapevine Online Newspaper: Issue # 5 -Wednesday Year 3 
> http://www.disabilitygrapevine.com ****The Number One Daily Newspaper for 
> People
>
> with...
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> Apr 10, 2002
>
> 4:05 am
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