[nfbmi-talk] this is why the commission was destroyed

Mon May 26 14:00:41 UTC 2014

I do have some memories of the fellows case!  However, I am just coming out of my disability rights perspective to point out how Ron Fellows was portrayed by the AP.  They wrote  "He was unhappy because the state also allowed non-blind businesses to operate in the building, including Subway."  Seem like happiness or unhappiness should not be mentioned. He went to court because he was wronged, but here they attribute the case to his emotional reaction.  So the news media continues to use a patronizing tone toward adults with disabilities. Poor little unhappy blind guy.

Lydia Schuck, MSEd
Research Associate, National Secondary Transition Technical Assistance Center
Western Michigan University
1908 W. Michigan Avenue, Mailstop 5259
Kalamazoo, MI  49008
phone 269.387.5990

----- Original Message -----
From: Terry D. Eagle via nfbmi-talk <nfbmi-talk at nfbnet.org>
To: 'Fred Wurtzel' <f.wurtzel at att.net>, 'NFB of Michigan Internet Mailing List' <nfbmi-talk at nfbnet.org>
Sent: Mon, 26 May 2014 01:38:04 -0400 (EDT)
Subject: Re: [nfbmi-talk] this is why the commission was destroyed

While I agree with Fred that the conflict among the federal circuits of the
federal courts must be resolved by the U.S. Supreme Court, over the 11th
Amendment right of States to not be sued for monetary damages within the
context of the Randolph-Sheppard Act, I must respectfully disagree that the
Fellows case is and was not a Commission issue.  The MCB breached its duty
to Fellows under his BEP License Agreement, and the BEP, MCB, and DTMB, were
negligent with their duty  to protect Fellows' license and contract
agreement rights and privileges, by failing to eliminate or secure Fellows'
exclusive right to operate the Cadillac Place food operations, as mandated
under the law, once the original leases of the sighted food vendors expired.
Joe Pelle, James Hull, and Constance Zanger once again did not do their job,
and again screwind another blind vendor out of income and a job.  The NFB
ought to rally over the loss of jobs for blind persons by the BS4BP, and do
it soon to send a message to the Snyder Administration and the BS4BP that
we, the blind of Michigan, desire jobs, not their WORK-TO-WELFARE program! 

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Fred
Wurtzel via nfbmi-talk
Sent: Sunday, May 25, 2014 11:34 PM
To: 'joe harcz Comcast'; 'NFB of Michigan Internet Mailing List'
Subject: Re: [nfbmi-talk] this is why the commission was destroyed

Hi,

This will need to go to federal court.  There is a long-standing issue about
the 11th amendment.  Some federal courts have ruled in favor of blind
vendors and others have not.  Unfortuneately, Michigan is in the wrong
federal court.  This will eventually need to be resolved by the Supreme
court, since there are conflicting federal rulings.  Aside from the original
issue, this is not a Commission issue.

Warm Regards,

Fred

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
harcz Comcast via nfbmi-talk
Sent: Sunday, May 25, 2014 12:06 PM
To: nfbmi-talk at nfbnet.org
Subject: [nfbmi-talk] this is why the commission was destroyed

And how much money was spent fighting this by the powers that be?

This is why the MCB was destroyed by those powers.

Michigan appeals court scratches $475K award for blind food vendor
Associated Press The Michigan appeals court has thrown out a decision
awarding $475,000

to a blind man who sold food and objected to competition at a state building
in Detroit. The court says the Michigan Commission for the Blind can't be

ordered to make financial awards. It reversed a decision by Ingham County
Judge Paula Manderfield. Ron Fellows had vending machines and sold coffee at

Cadillac Place from 2005 to 2008. He was unhappy because the state also
allowed non-blind businesses to operate in the building, including Subway.
Michigan

law says blind people shall operate snack shops in state buildings. But the
other businesses already had leases before the state moved into Cadillac
Place,

the former headquarters of General Motors. 

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