[nfbmi-talk] request for reasonable accommodations mcb meeting

Tue Aug 24 13:45:04 UTC 2010

Again Marcus it would be important for each and every individual to request 
the commissioner's information package in their most effective formats as 
well.

Moreover, these things are not routinely followed either in the consumer 
counselor relationship. That is documented in your case, in my case and even 
in the 2008 consumer satisfaction survey. Bottom line is that all printed 
information including those things related to customer's cases and this type 
of public information must be made available in alternate formats that are 
appropriate to the individual and must be remitted in a timely manner after 
a request is made.

In fact when it comes to this type of information and other of a general 
nature the entity including MCBB must act affirmately and I cite Tyler v. 
Manhattan among other case law in that regard.

Wink...

Peace with Justice,

Joe
----- Original Message ----- 
From: "Marcus Simmons" <MarcusSimmons at comcast.net>
To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, August 24, 2010 9:35 AM
Subject: Re: [nfbmi-talk] request for reasonable accommodations mcb meeting

Go for it, Joe!
----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Patrick Cannon MCB Director" <cannonp at MICHIGAN.GOV>
Cc: "Luzenski, Sue (DLEG)" <LuzenskiS at michigan.gov>; "Margaret Wolfe
MCB,Commissioner" <margwolfe at usa.net>; "John L Wodatch USDOJ"
<John.l.wodatch at usdoj.gov>; "Jo Anne Pilarski MCB, Chair"
<pilarskij at CHARTER.NET>; "John Scott MCB, Commissioner"
<jcscot at sbcglobal.net>; <Craig.McManus at ed.gov>; "Lynnae Ruttledge RSA
Commissioner" <lynnae.ruttledge at ed.gov>; "TOM MASSEAU MPAS"
<TMASSEA at mpas.org>; "Joe Sibley MCBVI Pres." <Joe.sibley1 at sbcglobal.net>;
"Richard Clay Advocates f/t Blind" <savingoursonsrc at yahoo.com>; "Geri.
Taeckens MCB, Commissioner" <geri.taeckens at isahealthfund.org>
Sent: Tuesday, August 24, 2010 9:14 AM
Subject: [nfbmi-talk] request for reasonable accommodations mcb meeting

August 24, 2010

Re: Request for accommodations Michigan Commission for the Blind meeting

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail: joeharcz at comcast.net

Patrick D. Cannon, Director Michigan Commission for the Blind

And State of Michigan ADA Coordinator

Via E-mail

Dear Mr. Cannon,

I am writing today as a blind person to make a request for reasonable
accommodations at the upcoming MCB quarterly meeting on Friday, August 27,
2010. Specifically I am requesting that all materials to be voted upon or
referenced by the MCB at these meetings are remitted in accessible formats
both at the meeting and prior to it. At a minimum I am requesting the
following in contracted Braille at the meeting:

-The agenda

-all written reports submitted to the commissioners including, but not
limited to, the Administrative report and any associated documents, the
Consumer services report, the written Training Center Report, and the
Director’s Report

-the complete college policy as it will be presented and voted upon at the
meeting

In addition I am requesting these items prior to the meeting as simple
e-mail attachments sent to my e-mail address listed above. This should not
be difficult as you might simply send me those documents which have already
been furnished in that format to a number of commissioners already as
provided in their By Laws.

I make these requests pursuant to the effective communications requirements
of Title II of the Americans with Disabilities Act (subpart e), and the
“auxiliary aids and services” requirements of Section 504 of the
Rehabilitation Act of 1973 as amended. Moreover, I invoke the obligation to
be accessible in these regards pursuant to your obligations in both of these
laws vis a vis accessible meetings. And, of course MCB has obligations to
make its meetings (and information related to them) accessible under Title
II of the Rehabilitation Act which is the very act that created MCB and
requires at a minimum quarterly meetings in the first place.

I have omitted statutory and regulatory citations here as you are required
to  be intimate  with them by your very positions as State ADA coordinator
and Director of MCB -- or at least the knowledge of, and compliance with
these laws are part of your very job description and known obligations.

Regardless, as you know the Americans with Disabilities Act has just turned
twenty years old on July 26. As you, Mr. Cannon is fond of quoting former
President Bush who signed this civil rights law into being: “Let the
shameful walls of discrimination come tumbling down.”

Regardless, a failure to comply, or to respond affirmatively will result in
either further complaints with appropriate entities of enforcement, or with
a civil action in United States District Court.

So I advise you to simply do the right thing here for once.

Respectfully,

Paul Joseph Harcz, Jr.

Cc: MCB Commissioners

Cc: President National Federation of the Blind of Michigan

Cc: President Michigan Council of the Blind of Michigan

Cc: Advocates for the Blind

Cc: Advocates for the Blind

Cc: United States Department of Justice, Civil Rights Division, Disability
Rights Section

Cc: Office of Civil Rights, United States Dept. of Ed.

Cc: Rehabilitation Services Administration

Cc: Michigan Protection and Advocacy Services, Inc.

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