[nfbmi-talk] Fw: documentation of ada 504 violations

joe harcz Comcast joeharcz at comcast.net
Tue Mar 11 21:58:38 UTC 2014


I know and it all continues to this day and yet in the recent release from 
MAHS/BSBP everyting is hunky dory.

so Terry and all I simply think it is time to sue the agencies for their 
chronic, pernicious violations of law and equity over time. Simple as that.

Time to take them to court and federal court at that on behalf of 
individuals and others similarly situated. Doesn't even need a class action.

Just needs someone with gonads and some sort of expertise on the issue who 
is willing to take this case to court.

Until then we're just peeing in he wind.
----- Original Message ----- 
From: "Terry D. Eagle" <terrydeagle at yahoo.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, March 11, 2014 5:52 PM
Subject: Re: [nfbmi-talk] Fw: documentation of ada 504 violations


> There is a more outrageous case, whereby a state hearing officer  forced 
> us
> to have the sighted reader of the opposing party, the state agency against
> the blind, read proposed printed documents to me.
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
> harcz Comcast
> Sent: Tuesday, March 11, 2014 4:29 PM
> To: Elmer Cerano MPAS
> Subject: [nfbmi-talk] Fw: documentation of ada 504 violations
>
>
> ----- Original Message ----- 
> From: "joe harcz Comcast" <joeharcz at comcast.net>
> To: "blind democracy List" <blind-democracy at octothorp.org>
> Sent: Wednesday, September 12, 2012 11:44 AM
> Subject: Fw: [nfbmi-talk] documentation of ada 504 violations
>
>
> This thread relates to the Florida case....
> ----- Original Message ----- 
> From: "joe harcz Comcast" <joeharcz at comcast.net>
> To: <nfbmi-talk at nfbnet.org>
> Sent: Saturday, December 03, 2011 11:35 AM
> Subject: [nfbmi-talk] documentation of ada 504 violations
>
>
> This is just one segment from an MAHS BEP ALJ transcript where both MCB 
> and
> MAHS in documented fashion have violated the effective communications
> requirements of the ADA and the auxilliary aids and services provisions of
> Section 504.
>
> Fundamentally all blind folks are denied due process and equal protection
> under the law if all information related to such cases is not afforded in
> the most effective format of the individuals and in a timely manner. The
> effective date for compliance under the ADA alone in these regards was
> January 26, 1992.
>
> Joe
>
> From the record:
>
> "
> MR. HULL:  Okay, thank you.
>
> Your Honor, at this time I'd like to present into evidence a letter sent
> from the Commission to Mr. Rothenhauser in March of this last year.
>
> JUDGE BOND:  Do you have a copy for the opposing party?
>
> MR. HULL:  I do. I have a copy for Mr. Eagle, for yourself, and actually 
> for
> Mr. Rothenhauser.
>
> JUDGE BOND:  All right.
>
> Why don't you show it to your reader?
>
> MR. EAGLE:  I'm going to object to this because of the length and the fact
> that it's not a form that I can use.
>
> JUDGE BOND:  Okay, why don't you show it to your reader and --
>
> MR. EAGLE:  Then I'd ask for an adjournment so that we can go over it.
>
> JUDGE BOND:  Well, if you'd like to take a brief recess to go to the room
> out there, the so-called lawyers' room and go over it you may have a 
> recess.
>
> MR. EAGLE:  We'll take that but I want clarification from the bench. 
> You're
> saying that this is an adequate format for me as a blind person to read; 
> is
> it not?
>
> JUDGE BOND:  You have a reader, sir.
>
> MR. EAGLE:  You're saying --
>
> JUDGE BOND:  That's why you have a reader; is that not true?
>
> MR. EAGLE:  Is that what the -- my question is -- from the bench is --
>
> JUDGE BOND:  Obviously, Mr. Eagle, you can't read it. Obviously, you can't
> read that. You have a reader, don't you?
>
> MR. EAGLE:  The Americans With Disabilities Act and the Section 504 of the
> Rehabilitation Act require that these documents be put in a format that I 
> as
> a blind person can use and they're not in that.
>
> JUDGE BOND:  All right, I understand that.
>
> MR. EAGLE:  It doesn't say anything about having me required to be paid --
> to pay a reader.
>
> JUDGE BOND:  Your objection is noted on the record. Now, would you like 
> the
> recess to have the reader --
>
> MR. EAGLE:  Yes, I would.
>
> JUDGE BOND:  Okay, we're going to take a recess and we're going to come
> back --
>
> MR. EAGLE:  I would like 20 minutes.
>
> JUDGE BOND:  All right, come back at five minutes to ten. Go off the 
> record
> at this time.
>
> (WHEREUPON, a brief recess was taken at this time)."
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