[nfbmi-talk] Fw: ADA State Capitol Event Arrest and First Amendment

Sat Sep 17 16:04:17 UTC 2016

----- Original Message ----- 
From: joe harcz Comcast 
To: David Robinson NFB MI 
Cc: terry Eagle ; Mark Eagle ; Mary Ann Robinson NFB MI ; Sidhu,Mehgan ; Mark A. Riccobono NFB Pres. ; Samuel Bagenstos ; Michael Steinberg ACLU ; Michael Powell ; Larry Wanger ; Fran Fulton ; Eleanor Canter ; Mark Johnson ; Kelly Buckland NCIL ; Marsha Katz ; Laura Hall ADAPT MDRC ; Norm DeLisle MDRC ; Jill Gerrie MI ARC ; Bruce Darling ; Thomas Earle ; Robin Jones ; Peter Berg ; Sally Conway USDOJ ; jfroyal2000 . ; Denise Heberle ; Mark Finnegan 
Sent: Saturday, September 17, 2016 9:28 AM
Subject: Fw: ADA State Capitol Event Arrest and First Amendment 

This should go to the list serve on this the anniversary of the assault upon all of our NFB members civil rights. The facts were true then and are still true today.

----- Original Message ----- 
From: joe harcz Comcast 
To: Sidhu,Mehgan ; msteinberg at aclumich.org 
Cc: terrydeagle at yahoo.com 
Sent: Saturday, September 26, 2015 8:40 AM
Subject: Re: ADA State Capitol Event Arrest and First Amendment 

A little more to clarify the First Amendment issues....
Sorry this is rushed and sent to the NLG as well to clarify for them in my search for legal representation  the bogus, retaliatory felony charges....
Criminalizing My and Our Civil Rights

People must understand the nature of the event held on the Michigan State Capitol Lawn on September 17 and funded by taxpayers dollars. It was the Celebration of the 25th th Anniversary of the Americans with Disabilities Act. It was free and open to the public and especially to people with disabilities such as me.

The ADA is based upon the 1964 Civil Rights Act, Like all civil rights laws it prohibits discrimination. The non-discrimination mandate says in part: "No qualified person with disabilities may be discriminated against or be denied thebenefits of the services, programs and activities of any public entity or place of public accommodation." Yet, I, a blind activist for these very civil rights and several others were denied this in glaring fashion at this very event!

The ADA is also an integration mandate, yet those of us protesting the segregated workshops that perversely also exploit hundreds of thousands of us were denied access to even protest these things with words, pamplets, and signs. And ladies and gentlemen, separate is never equal!

The, ADA also requires that physical barriers and communications barriers were  to  have been removed 25 years ago. Yet, The State of Michigan and all of these public actors literally placed barriers to our entrance which also included State Police in full body armor.

This was a hidious assault upon our civil rights at the very celebration of its anniversary. It was our birthday party and the state wouldn't even let us in. They denied us our voices and stifled the most protected First Amendment rights of speech, association and the right to petition our government. They also denied us and me the 14th Amendment provisions of "equal protection and due process of law" of which the Very ADA was premised to begin with for they let all sorts of non-disabled and taxpayer funded hacks pass the barrier with impunity and yet arrested and assaulted me.

This is akin to having a celebration of the 1964 civil rights Act  being held on the Capitol and having State Police bar, quite literally,  African-Americans who wished to point out that there is still racial injustice from attending and expressing  the facts, or denying some because they were affiliated with the NAACP, or Black Lives Matter. And then to arrest anyone who refused to comply with that discriminatory order.

Now, as to the charges for they are frivilous and, in fact have "criminalized my civil right of access let me say this:

I willfully tried to get around the barrier for it was an unlawful  and grossly discriminatory, on its face, order to begin with. I did resist the order, but not arrest. As to the element of "obstruction" it was the agents of the State who obstructed, quite literally  me and dozens of people with disabilities from participating in the anniversary of my civil rights.

This was not a direct action, or civil disobedience. It was my right and the right of others to access this event. And it was my and others right to protest, in this most protected of public fora, the quartercentury of State of Michigan violations of my and our fundamental civil rights.

The arrogence of the State in this regards is apparent.

Joe Harcz

1365 E. Mt. Morris Rd.

Mt. Morris, MI, 48458

810-516-5262

joeharcz at comcast.net

Epilogue:

After nearly a year of hounding and great consternation and resources expended I was exonerated as the prosecutor dropped the charges knowing they were frivelous and retaliatory to begin with. Now, where is the remedy for my and others "pain and suffering" and for the abuse of me and us on our civil rights day?

Member:

National Federation of the Blind

Member:

ADAPT

  ----- Original Message ----- 
  From: Sidhu,Mehgan 
  To: msteinberg at aclumich.org 
  Cc: joeharcz at comcast.net ; terrydeagle at yahoo.com 
  Sent: Friday, September 25, 2015 6:51 PM
  Subject: ADA State Capitol Event Arrest and First Amendment 

  Dear Mike,

  To follow up on our conversation earlier today, I would like to introduce you virtually to Joe Harcz and Terry Eagle.  Mr. Harcz and Mr. Eagle are members of the National Federation of the Blind of Michigan and both attended the protest before the ADA anniversary event at the state capitol and were denied entry to the event  along with a number of other people with disabilities.  Mr. Harcz was arrested after stepping beyond the police-erected barricade while attempting to access the event.  I have provided Mr. Harcz's and Mr. Eagle's contact information below and copied them so that you can be in touch to hear from them directly what took place. I have also forwarded the charge information Mr. Harcz received this evening.  I look forward to being in touch next week and thank you for looking into this matter.

  Joe Harcz

  810-516-5262

  joeharcz at comcast.net 

  Terry Eagle

  517-372-7552

  terrydeagle at yahoo.com 

  Best,
  Mehgan

  Mehgan Sidhu

  General Counsel

  National Federation of the Blind

  200 East Wells Street at Jernigan Place

  Baltimore, Maryland 21230 

  Telephone 410-659-9314 ext. 2314

  Fax: 410-659-5129

  E-mail: msidhu at nfb.org 

  Web site: www.nfb.org  

  The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise the expectations of blind people, because low expectations create obstacles between blind people and our dreams. You can live the life you want; blindness is not what holds you back.

  Make a gift to the National Federation of the Blind and help ensure all blind Americans live the lives they want.

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