[nfbmi-talk] Fw: Fw: what has happened to this complaint?

Tue Mar 11 20:41:40 UTC 2014

    Only gotten worse under Rodgers, LARA, et al.

What is it that all don't understand about Section 504 which is more than 
forty years old and the ADA which now approaches 25 years old? What is it 
that institutions created and funded by the Rehab Act including in part OCR, 
Mich Protection and Advocacy Services Inc., and, of course BSBP now don't 
understand about basic requirements and the civil right to be accessable to 
the very people they are funded to support and by the very laws that make 
them existent in the first place?

Now, I've documented decades of abuse and civil rights violations by these 
very entities. Now I want injunctive relief, ccompensatory damages and the 
making "whole" of not only me but also the very folks in my class these laws 
were enacted to protect and serve.

Goes to you wonks in MPAS too who take the federal money and run, run, run 
and run again all the way to the bank with no accountability and no civil 
rights enforcement.
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Thursday, August 02, 2012 11:43 AM
Subject: [nfbmi-talk] Fw: what has happened to this complaint?

The past has gone nowhere! The situations are worse today, the violations of 
civil rights continue and we in the NFB need to hold agencies accountable.
----- Original Message ----- 
From: joe harcz Comcast
To: MARK CODY
Cc: Elmer Cerano MPAS ; Richard Bernstein Esq
Sent: Thursday, August 02, 2012 11:42 AM
Subject: Fw: what has happened to this complaint?

Still going on and more. When will these entities be held accountable for 
their obligations under the ADA and Section 504 to people who are blind, and 
indeed others with oter disabilities?

Joe Harcz
----- Original Message ----- 
From: joe harcz Comcast
To: OCR Cleveland Office
Sent: Thursday, August 02, 2012 11:40 AM
Subject: what has happened to this complaint?

July 8, 2011

OCR Title II/ Section 504  Complaint July 8 2011

Note to Cleveland Office for Civil Rights. I am legally blind and as such I 
request two accommodations from OCR in regards to this and subsequent 
complaints under Section 504of the Rehabilitation Act of 1973. One I request 
that all correspondences related to this and complaints to come are simply 
made in accessible format through the use of e-mail. Two I request that you 
accept my consent to use my name in this and other complaints to come 
through this statement made right now: You have consent to use my name in 
relation to this and other (complaints which are made quite publicly.)

This is a complaint against Patrick D. Cannon, and the Michigan Commission 
for the Blind for several violations over time under Title II of the 
Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 
1973.

My address, phone, and e-mail are as follows:

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joeharcz at comcast.net

Phone: 810-686-2673

Cell: 810-516-5262

I am legally blind, 58 years old an advocate for people with disabilities, 
and again am making this and subsequent complaints on the basis of 
disability discrimination for myself and other people who are blind in the 
State of Michigan.

The Recipient’s Directory Information is here:

Patrick D. Canon, Director

Michigan Commission for the Blind

201 N. Washington, 2nd Floor

P.O. Box 30652

Lansing, MI 48909

Phone: (517) 373-6425

Fax: (517) 335-0254

E-mail: cannonp at michigan.gov

This complaint is ongoing and current.

If you see the e-mail attached after my signature line you will note it 
represents dozens of requests for information in accessible format from this 
director made pursuant to the ADA, Title II, subpart e, communications and 
the auxiliary aids and services provisions of the Rehabilitation Act of 1973 
that was never responded to at all. That in and of itself is a violation of 
the ADA and 504 and represents a pattern and practice of deliberate 
indifference to the law by Mr. Cannon who was also the State of Michigan ADA 
Coordinator at the time. (You will see other violations in subsequent 
complaints over time that establishes the pattern and practice of willful, 
and knowing discrimination against myself and others).

(I did by the way make complaints to the Department of Justice on these 
issues but have yet to get any response and I did make complaints to the 
State ADA coordinator, but he, being Cannon himself was a bit conflicted on 
these issues by the way.)

The other significant issue involved however with this particular issue is 
whether or not MCB has met its contractual assurance obligations     to 
effectively ensure that its federal money has been used by vendors who meet 
the program access requirements of the ADA and 504. To be more precise in 
this instance though I’ve never been given even the basic location of these 
contracts its my understanding the MCB used Vocational Rehabilitation funds 
to install equipment/assistive technology in eight 8) “senior centers” 
around the State of Michigan. There are references to this, though as vague 
as they are in its most recent State Plan amendments. Which I can supply or 
that OCR can review on MCB’s web site.

Before you think that it is a given that these state agencies  like Area 
Agency on Aging facilities are fully compliant with the program access 
requirements of the ADA/504 I’ll note that the Michigan Commission for the 
Blind is not itself in that it holds public meetings in facilities that don’t 
meet the program access requirements of the ADA/504 and in fact runs daily 
business in buildings that do not do so. I will file separate complaints in 
those regards and have filed complaints with the DOJ on other entities of 
the State of Michigan in these regards and you and they might compare some 
notes as I’ve sent DOJ several facility surveys to verify my claims.

But, suffice it to say on one program access issue alone this state falls 
down big time and that is the ADAAG requirement for raised character and 
Braille signage (4.30.1, 4.30.4, 4.30.5, 4.30.6). And as MCB and its parent 
doesn’t abide by this I hardly think the other State entity it contracted 
with (Area Agencies on Aging Again have either).

Regardless, this complaint stands on another merit in that to this day no 
one seems to know where the locations of these facilities are as know one 
including Patrick Cannon has even botherred to give me or others directory 
information to these entities in question or even, in this case  responded 
to the attached e-mail.

But that is par for the course with MCB for it doesn’t even routinely remit 
to all its consumers information required and relevent in accessible formats 
including IPES.

But, apparently MCB has seen fit to spend a whole lot of United States 
Department of Education money on these projects.

Sincerely,

Paul Joseph Harcz, Jr.

(cc: Michigan Commission for the Blind Board

Cc: National Federation of the Blind of Michigan

Cc: Michigan Council of the Blind and Visually Impaired

Cc: Michigan Protection and Advocacy Services, Inc.

Cc: United States Department of Justice, Civil RightsDivision, Disability 
Rights Section

Attachment:

March 17, 2010

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

Re: General Questions Including I and R

Patrick Cannon, MCB Director

Via E-mail

Ms. Jo Ann Pilarski, MCB Commission Chair

pilarskij at charter.net

Mr. Michael Geno, MCB Commission Vice Chair

luzenskis at michigan.gov

Ms. Velma P. Allen, MCB Commissioner

luzenskis at michigan.gov

Ms. Geraldine G. Taeckens, MCB Commissioner

geri.taeckens at isahealthfund.org

Ms. Margaret Wolfe, MCB Commissioner

margwolfe at usa.net

All:

I have several questions about the following reference in the Michigan 
Commission for the Blind Annual Report:

“Through continuing collaboration with the Area Agencies on Aging, MCB has 
established two sites to begin providing technology training for seniors 
through

the use of American Recovery and Reinvestment Act (ARRA) funds.”

First, could I please have the location – name, adress, and phone number of 
these facilities?

Secondly, are these facilities in full compliance with the Americans with 
Disabilities Act of 1990 (including the Americans with Disabilities Act 
Access

Guidelines)?

-Were assurances made in the contracting as per requirements under Section 
504 and the Recovery Act?

Also as I’m now 57 years of age can I use these facilities and programs?

Finally, did anyone in relationship to this conduct a survey to ensure 
compliance?

Sincerely,

Paul Joseph Harcz, Jr.

Cc: several

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