[Vendorsmi] Fw: [nfbmi-talk] or this important resolution?
joe harcz Comcast
joeharcz at comcast.net
Mon Apr 16 10:28:30 UTC 2012
----- Original Message -----
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: <nfbmi-talk at nfbnet.org>
Sent: Monday, April 16, 2012 6:26 AM
Subject: [nfbmi-talk] or this important resolution?
What is the status of this resolution and the ongoing violations of civil
rights and due process? Also the systemic violations here are underscored by
all the secret activities around EO 2012-2 and we might note that Deputy
Director Mike Zimmer heads up MAHS and is a key player to this date
surrounding Executive Order 2012-2 and the exclusion of blind consumers, and
activist from participation our even information related to this order.
Joe
RESOLUTION 2011-02
RIGHT TO DUE PROCESS ADMINISTRATIVE HEARINGS
WHEREAS, all entities of State and local government are required
to follow the effective communications requirements of the Americans with
Disabilities Act of 1990, including the obligation to affirmatively, let
alone upon request, remit information sin alternate formats to people who
are blind; and
WHEREAS, Section 504 of the Rehabilitation Act of 1973 requires
that all recipients of federal funds provide auxiliary aids and services to
those who are blind; and
WHEREAS, the United States Supreme Court found in Tennessee v
Lane that state and local courts are not immune from these obligations and,
indeed, have high responsibilities in these regards, for lack of access
fundamentally denies “due process and equal protection under the law”; and
WHEREAS, the Michigan Administrative Hearing Systems (MAHS) is
both a Title II entity, federal fund recipient and an administrative law
program where blind Business Enterprise Program participants and advocates,
as well as others, routinely appear to seek justice and receive due process
and equal protection under laws, including Public Act 260 of 1978 as well as
major aspects of the Rehabilitation Act; and
WHEREAS, MAHS, in documented fashion and principals therein,
have denied advocates and respondents who are blind repeatedly information
in accessible formats and in a timely manner; and
WHEREAS, these are systemic, chronic, pervasive and fundamental
violations of the civil rights of all Michigan citizens who are blind, as a
class, by failure to act affirmatively in these regards; and
WHEREAS, the Michigan Commission for the Blind has also been
complicit in not only ensuring that MAHS follows these laws, but rather, has
repeatedly violated these very same provisions of the law in these
administrative proceedings which are in and of themselves conscious and
malicious acts of discrimination perpetuated repeatedly against numerous
blind individuals;
NOW THEREFORE, be it resolved by the National Federation of the
Blind of Michigan in convention assembled on November 6, 2011 in the City of
Kalamazoo, Michigan that forthwith, the National Federation of the Blind of
Michigan will lodge a Complaint against the Michigan Department of Licensing
and Regulatory Affairs (MAHS’s parent), MAHS, and The Michigan Commission
for the Blind within the United States Department of Justice, Civil Rights
Division, Disability Rights Section, and the civil rights office of the
United States Attorney in the Eastern District of Michigan.
AND BE IT FURTHER RESOLVED that the NFB-MI will seek any legal
support in these matters from other resources, including our National
office.
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