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

Mon May 26 14:07:06 UTC 2014

correct Lydia, but even worse the Court of Appeals uses the same 
paternalistic tone in its decision.
----- Original Message ----- 
From: "Lydia Anne Schuck via nfbmi-talk" <nfbmi-talk at nfbnet.org>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Monday, May 26, 2014 10:00 AM
Subject: Re: [nfbmi-talk] this is why the commission was destroyed


>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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