[nfbmi-talk] nfbmi-talk Digest, Vol 117, Issue 13

Nick Bomalaski bomalamn at gmail.com
Wed Mar 16 01:10:31 UTC 2016


Can you please remove e from this mailing list?

Thanks,
Nick

On 3/15/16, nfbmi-talk-request at nfbnet.org <nfbmi-talk-request at nfbnet.org> wrote:
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> Today's Topics:
>
>    1. Fw: appoint justice who understands disabilities (David Robinson)
>    2. Fw: flint office bldg crisis and blind information	resources
>       - FOIA Request (David Robinson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 15 Mar 2016 11:07:31 -0400
> From: "David Robinson" <drob1946 at gmail.com>
> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
> Subject: [nfbmi-talk] Fw: appoint justice who understands disabilities
> Message-ID: <5726A1D0FB70484895B6F12AD9FE999C at 3CVM071>
> Content-Type: text/plain;	charset="Windows-1252"
>
>
> ----- Original Message -----
> From: joe harcz Comcast
> To: David Robinson NFB MI
> Cc: terry Eagle ; Mark Eagle ; Larry Posont NFBMI Pres. ; Fred Wurtzel ;
> Michael Powell ; Mary Ann Robinson NFB MI ; Georgia Kitchen FANFB
> Sent: Monday, March 14, 2016 4:34 PM
> Subject: appoint justice who understands disabilities
>
>
> Appoint a Justice Who Understands Disability
>
> 03/14/2016 11:04 am ET | Updated 4 hours ago
>
> Mark Riccobono
>
> President, National Federation of the Blind
>
> Riccobono
>
> list end
>
> Neilson Barnard via Getty Images
>
>
>
> As a blind American who leads an organization of blind Americans, I know
> that there are many issues affecting the blind and others with disabilities
> that
>
> our courts, including the Supreme Court, must decide.
>
>
>
> As just one example, lower federal courts are split on the critically
> important issue of how the Americans with Disabilities Act applies to
> Internet websites
>
> and the content and services that they provide. Because of the lower court
> split, this issue may well be considered by the Supreme Court in the
> future.
>
> Therefore, the National Federation of the Blind, of which I serve as
> President, believes that the Senate should consider and vote upon President
> Obama's
>
> Supreme Court nominee, when selected.
>
>
>
> The failure of the Senate to consider a nominee before the next election
> will leave the seat empty for more than a year. During that time, the court
> will
>
> have only eight justices; should they be divided equally on any case, the
> Court will be unable to decide it. It is unacceptable that the court should
> be
>
> unable to reach decisions for so long.
>
>
>
> Equally important to us is the question of whether or not the nominee has
> the understanding that disability is one of the diverse characteristics
> found
>
> among Americans, and that people with disabilities deserve to enjoy the same
> rights and responsibilities as other citizens.
>
>
>
> In a recent
>
> guest post
>
> on the website scotusblog.com, President Obama wrote about the factors that
> he will consider in choosing his nominee. In addition to an eminently
> qualified
>
> jurist, and one who understands the limits of judicial power, President
> Obama said that he would seek a judge with "a keen understanding that
> justice is
>
> not about abstract legal theory, nor some footnote in a dusty casebook.
>
>
>
> It's the kind of life experience earned outside the classroom and the
> courtroom; experience that suggests he or she views the law not only as an
> intellectual
>
> exercise, but also grasps the way it affects the daily reality of people's
> lives in a big, complicated democracy, and in rapidly changing times." I
> agree
>
> with this criterion.
>
>
>
> People with disabilities well know that while laws like the Americans with
> Disabilities Act theoretically support our equal participation in society
> and
>
> protect us from discrimination, courts too often engage in cramped
> interpretations of these laws that defeat their purpose. This is because too
> many judges
>
> do not yet see disabled individuals as equal.
>
>
>
> Our laws have not, by themselves, fundamentally changed old attitudes,
> stereotypes and misconceptions about the disabled. Most people do not hate
> us or
>
> bear us ill will, but some have low expectations for our ability to learn,
> to work, and to participate in the everyday life of our communities and of
> the
>
> nation. It often seems that civil rights are meant for the non-disabled,
> while the disabled are subject to limitations of those same rights.
>
>
>
> As a general rule, those who have a disability themselves, or who have a
> family member (such as a child) with a disability, are in the best position
> to
>
> comprehend our full capacity, as well as the mostly artificial barriers that
> prevent us from reaching it. I hope that President Obama will duly consider
>
> this fact as he selects a nominee.
>
>
>
> There are highly qualified judges serving in local and state courts across
> the nation who have disabilities, and at least one on the federal bench
> (Judge
>
> David Tatel of the U.S. Court of Appeals for the District of Columbia) who
> is blind. President Obama could nominate any of these judges, assuming they
>
> meet his other criteria.
>
>
>
> Alternatively, he could appoint someone with experience advocating for
> individuals with disabilities, or a jurist with a family member who has a
> disability.
>
> Even if he does not nominate any of the above, he should consider whether
> the judge's life experience or prior jurisprudence includes an
> understanding
>
> of the barriers and discrimination that we still face.
>
>
>
> The laws and policies that are intended to help people with disabilities
> live the lives we want must be interpreted in light of legislative intent
> and of
>
> the experiences of disabled Americans. President Obama should nominate a
> judge who understands that people with disabilities seek, and deserve, an
> equal
>
> place in American life.
>
> Follow Mark Riccobono on Twitter:
>
> www.twitter.com/Riccobono
>
>
>
> Source:
>
> http://www.huffingtonpost.com/mark-riccobono/appoint-a-justice-who-und_b_9457920.html
>
>
> ------------------------------
>
> Message: 2
> Date: Tue, 15 Mar 2016 11:08:02 -0400
> From: "David Robinson" <drob1946 at gmail.com>
> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
> Subject: [nfbmi-talk] Fw: flint office bldg crisis and blind
> 	information	resources - FOIA Request
> Message-ID: <5FADCB91C6CA4F199BE55E14034A11C4 at 3CVM071>
> Content-Type: text/plain; charset="iso-8859-1"
>
>
> ----- Original Message -----
> From: joe harcz Comcast
> To: David Robinson NFB MI
> Cc: Georgia Kitchen FANFB ; Mary Ann Robinson NFB MI ; Larry Posont NFBMI
> Pres. ; Fred Wurtzel ; Michael Powell ; J.J. Meddaugh NFB MI ; Mark Eagle ;
> terry Eagle ; Larry D Keeler ; Sidhu,Mehgan ; Mark A. Riccobono NFB Pres.
> Sent: Tuesday, March 15, 2016 9:53 AM
> Subject: Fw: flint office bldg crisis and blind information resources - FOIA
> Request
>
>
> This information should go to the NFB list serve and NFB should be working
> on this issue which is a matter of life, death and health of the blind
> residents of this county who are abused by the system including BSBP.
>
> The so-called NFB MIleadership needs to get its head out of the sand and it
> needs to stop retaliating against activists and start doing its advocacy
> job.
>
> ----- Original Message -----
> From: LARAFOIAInfo
> To: joeharcz at comcast.net
> Cc: BSBPFOIA
> Sent: Tuesday, March 15, 2016 8:58 AM
> Subject: RE: flint office bldg crisis and blind information resources - FOIA
> Request
>
>
> Dear Mr. Harcz:
>
>
>
> This notice responds to your February 8, 2016  and February 9, 2016 emails
> (copies attached), received by the Department of Licensing and Regulatory
> Affairs (LARA) on February 9, 2016 and February 10, 2016, respectively,
> requesting information under the Freedom of Information Act (FOIA), MCL
> 15.231 et seq.
>
>
>
> You have asked for numerous documents related to the Bureau of Services for
> Blind Persons and the Flint water matter.
>
>
>
> Your request is granted in part and denied in part.  Records responsive to
> your request are attached.  Section 13(1)(d) of the FOIA provides that
> information specifically described exempt from disclosure by another agency
> statute is exempt from disclosure; therefore, portions of your request have
> been denied. (MCL 15.243(1)(d))  Consumer information contained in the
> documents has been redacted per the Rehabilitation Act of 1973, 34 CFR
> 361.68.
>
>
>
> Information related to the Flint water matter is available on our website at
> www.michigan.gov/bsbp. Please see the link entitled "Outreach to Flint's
> Blind Community Helps Ensure Access to Information and Resources" is under
> the "Spotlight".
>
>
>
> Section 10 of the FOIA, MCL 15.240, provides that you may seek judicial
> review in the Court of Claims within 180 days after the final denial
> determination.  If you prevail in such an action, the court is to award
> reasonable attorney fees, costs, and disbursements, and possible damages.
>
>
>
> If you have questions concerning this matter, please feel free to contact
> the LARA FOIA Office at LARAFOIAInfo at michigan.gov.  You may also write to us
> at the address listed below and enclose a copy of this letter.
>
>
>
> LARA's FOIA Procedures and Guidelines can be accessed at
> www.michigan.gov/lara.
>
>
>
> Thank you,
>
>
>
>
>
> LARA FOIA Office
>
> sf
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> End of nfbmi-talk Digest, Vol 117, Issue 13
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