[nfbmi-talk] false statements in spil cap info alternate formats

[joe harcz Comcast]

November 14 2014 on SPIL CAP Info  

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris, Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

 

Re: Accessible CAP Info in SPIL

To

Rodney Craig, Michigan SILC, Interim ED

Sarah Gravetti, Chair MI SILC

Michigan Protection and Advocacy Services, Inc. /CAP

Edward Rodgers, BSBP

(Via e-mail ()

 

    All,

 

I point your attention to the false entry in the current Statewide Plan for Independent Living:

 

 

“3.3 All service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about:

List of 3 items

• the availability of the CAP authorized by section 112 of the Act;

• the purposes of the services provided under the CAP; and

• how to contact the CAP.

list end

Yes”

 

In fact Title II of the ADA, subpart e requires that all entities of state and local government produce without surcharge and in a timely manner to members of the public who are blind, based upon “primary consideration”. That includes:

 

1. Braille

2. Accessible electronic

3. Large Print

4. Audio

 

These things are also supposed to be prepared in advance, affirmatively as well.This only makes sense for the “timeliness component” cannot be met if the entity doesn’t act affirmatively and it is a civil right to receive this affirmatively.

 

Similar obligations are required under Section 504 which applies to each and every recipient of federal funding including all of our 15 CILs and indeed Michigan Protection and Advocacy Services itself.

Now, MPAS and CAP does not remit said information in the four accessible formats even upon request as illustrated by my  phone and written request to CAP/MPAS made in September of this year to distribute CAP basics in the four alternate formats at the National Federation of the Blind State convention. I ststill have not received this information to this date!

 

Nor can this basic information be found in any of our CILS that I know of including my CIL, The Disability Network in Flint.

 

I dare say since CAP itself doesn’t do this that no CIL acts affirmatively and moreover most don’t even put this stuff on their web sites. And particularly for newly blinded individuals they likely don’t have adaptive computers, etc. in order to access this crucial information in the first place even if it is on a web site which is why this information needs to be made accessible in the other formats.

 

Moreover, MRS and BSBP do not routinely supply these documents affirmatively in their offices in the four alternative formats.

 

Shoot BSBP doesn’t even supply information related to IL/OB programs to customers in accessible formats affirmatively as demonstrated in its own consumer satisfaction surveys.

 

Thus all entities in the IL loop here violate the civil rights of the blind of Michigan. And thus the above entry in the SPIL is a demonstrable false statement.

 

 

Moreover, the failure to give said information out uniformly in the most effective format of the individual here denies customers who are blind or visually impaired of due process.

 

We have to struggle to get the phone number of CAP let alone clearly delineated rights!

 

This situation needs to be rectified yesterday!

 

Finally I call upon the Chair of the SILC and the Executive Director to distribute this to all members of the SILC and to all CILs and to ask them to produce these required documents in the four alternate formats yesterday, for indeed it was required under the ADA alone as of January 26, 1992 under implementing regulations!

The proof is in the pudding!

 

Bottom line is that every CIL, BSBP, MPAS, DHS/MRS and all IL related entities in this state violate the rights of the blind and visually impaired community daily, and in documented fashion in these regards and it must end.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: NFB MI

Cc: MI ADAPT

Cc: MCRS, ED