[nfbmi-talk] deliberate indifference to civil rights

[joe harcz Comcast]

This goes without saying. Here two lawyers running a federally funded vocational rehabilitation agency were notified of affirmative obligations under law and have blithly acted contrary which is open defience to my civil rights and must be assumed to be intentional, malicious discrimination by these state actors.

Joe Harcz
October 16 2013 vis a vis Civil Rights Violations in Request for Meeting Info

 

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

 

Re: Wasn’t a FOIA Request, But Rather Rehab Act and ADA Request

 

To:

 

Michael Zimmer, LARA, Designated State Agency for BSBP

Edward F. Rodgers II

Director, Michigan Bureau of Services for Blind Persons

(And Designated State Unit)

Carla Haynes, BSBP FOIA

 

(VIA E-mail)

 

All,

 

As you know I’ve requested all information sent to the Commission for Blind Persons relative to the public meetings that have been held. That includes the already produced “transcripts” and information related to those meetings via e-mail (invoking ADA, Title II, subpart e, communications, no surcharge, and Section 504 of the Rehabilitation Act). In addition I’ve supplied you all and you are State Actors and recipients of federal funds, the following cites and rights for me and all other blind or even non-blind members of the public to information related to these meetings and activities:

 

 

 

-Affirmative responsibility of public entities to effective communications, 118 F.3d 1400: Lewis "toby" Tyler, Plaintiff-appellant, v. City of Manhattan, Defendant-appellee,united States of America, Amicus Curiae :: US Court of Appeals (

 

-

Segment from LARA’s own accessible meeting policy:

 

“

 “7. Accessible information throughout the event. This includes speeches, 

PowerPoint and other presentations, flip charts, hand-outs, films, videos and 

other information. For example, accommodations may include sign language 

interpreters, assistive listening systems, and/or real-time captioning for 

individuals who are deaf or hard of hearing. People who are blind or visually 

impaired may need materials in alternative formats such as large print, Braille, 

audiotape, and/or a computer disc. The information should be available during 

the event, and not sent after the fact.””

-And this segment from the general anti-discrimination section of 504:

 

 

““                  (vi) Deny a qualified handicapped person the opportunity to 

participate as a member of planning or advisory boards; or

                  (vii) Otherwise limit a qualified handicapped person in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service.”

 

-And finally this section from Title I of the Rehab Act:

 

“““    (e) Appropriate modes of communication. The State unit must provide 

to the public, through appropriate modes of communication, notices of 

the public meetings, any materials furnished prior to or during the 

public meetings, and the policies and procedures governing the 

provision of vocational rehabilitation services under the State plan.

 

(Authority: Sections 101(a)(16)(A) and 105(c)(3) of the Act; 29 

U.S.C. 721(a)(16)(A), and 725(c)(3))”””

 

 

 

 

 

Thus clearly as denoted in the public record you’ve already produced this information for ”, commissioners”  and sent it to them related to the meetings and yet you turned my request for information that was supposed to be affirmatively produced and made available to me in to a FOIA request rather than just sending me this information.  And clearly the use of foia and its onerous terms including chargine an arbitrary fee (see attached) was used to ccircumvent my right to receive this information in the first place, in accessible form and without charge. Now this violates as well both the ADA, and Section 504 (general provisions) in using a state law, or rather the abusive application of FOIA, to circumvent my rights under federal civil rights laws to this information.

 

Moreover, your persons and the agency including LARA have arbitrarily violated the onerous “undue hardship” provisions of the ADA/504 as just one other count of continued, pernicious, malicious, and knowing violations of my fundamental civil right to receive this information without a fee or muss or fuss. Forthwith.

 

Now, all I demand the information requested on the above counts immediately

 

And this is also a complaint and documentation of a complaint against your persons, acting in official capacity to deprive me of known civil rights.

 

Sincerely,

 

Paul Joseph Harcz, Jr.

 

Cc: NFB MI

Cc: BSBP, Commissioners

Cc: Michigan Protection and Advocacy Services

Cc: OCR, Ed.

Cc: DOJ

 

 

(AttachmentJ