[nfbmi-talk] instructional post

Wed May 5 17:17:32 UTC 2010

Now this goes to the obligations of all State and Local entities of government to have an effective communications policy for people who are blind from forms and applications through say things like simple notices of acceptance into Section 8 programs.

Every state agency is required under the ADA to do this. That goes to state courts, Secretary of State offices, and most especially MCB in all of its affairs. It goes to the obligation to have all materials related to say a fair hearing or ALJ determination in the format most effective for the individual, without charging a surcharge for making it so.

It goes to the right of our students taking the MAPE to get every part of it in accessible format and that does include Braille if that is the most effective format.

By the way this also goes to the raised character and Braille requirements though they are considered "structural communications elements" under Title II of the ADA whereas the remission of print information in accessible formats is under Title II, subpart e, communications).

Bottom line is that each entity of state and local government is required to act affirmatively and effectively it must be "ready to deliver" when this sort of reasonable accommodation is requested.

We all can thank Pat cannon a whole lot for nothing as State ADA Coordinator for he was required to assist implementation of these ADA requirements not only within MCB (which he can't seem to figure out) but in every state agency.

This all goes in very large part to Terri Wilcox's issues in receiving accessible information related to public housing.

Joe Harcz
April 6, 2001

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-1316

E-mail: michiganadapt at peoplepc.com

www.education-rights.org

Michigan Housing Development Authority

ADA Coordinator

C/o Ms. Etta Henderson

Via: e-mail

Re: Request for ADA, Title II Self Evaluation, And Effective Communications Policy

Dear Ms. Henderson,

I am writing you today to request in accessible format your agency’s ADA, Title II Self Evaluation that was required to be conducted by January 26, 1993 by all state and local governmental entities (28.CFR, 35 (Title II), II-8.2000 Self-evaluation). It should be noted that implementation of an effective communications policy was required on the date implementing the ADA; title II regulations which was January 26, 1992.

 I am most concerned about your agency’s means, methods and procedures for making visually delivered information available in accessible formats, a timely manner and based upon “primary consideration” to the blind and visually impaired as the regulations require (28.CFR, 35 (Title II), Subpart e, Communications).

You might also reference the following for general regulatory requirements:

“28 C.F.R., 35.160 General. (a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of

The public with disabilities are as effective as communications with others.

The self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully

excluded, segregated, or restricted in any way as the result of communication barriers.”

Precisely I would like to know the following:

*What documents and other delivery systems such as web sites does the agency use?

*What methods are used to make them accessible on an affirmative basis? To wit:

  1.. Is your web site fully accessible to users of screen reading technology or other adaptive devices?
  2..  are  the documents themselves accessible?

*What types of forms are made accessible prior to request in the following formats?

-large  print

-Braille

-computer diskette and/or e-mail attachments

-audio tape

-agency use of qualified readers

*Also would you list the means, methods and protocols for remitting the above information that is not affirmatively produced in a timely manner?

It should be noted that case law such as Tyler v. City of Manhattan (857 F. Supp. 800 (D. Kan.1994) (

requires that public entities must act affirmatively in these regards (1).

I have also been informed that many of your offices do not have raised character and Braille signage on every permanent room including room numbers as the Americans with Disabilities Act Access Guidelines (attached-2) require.

For additional resources, citations and self-evaluation guides please feel free to use my web site: www. Education-rights.org. You may link to the U.S. Dept. of Justice’s web site through my site as well and access statute, regulations and “action guides”.

As a blind person I am of course requesting that any correspondences or the remission of requested information be remitted in accessible format. My only request at this time is to have all correspondences remitted as either Word or plain text attachments to my e-mail address listed above.

I sincerely hope that this request will help ensure that all blind and visually impaired persons in the State of Michigan can access the full range of services, programs, benefits and activities offered by your agency on equal and effective terms with the non-visually impaired.

If I can be of any assistance in helping your agency comply with both the letter and spirit of the law please do not hesitate to ask. I truly wish to get to the bottom line on a cooperative basis.

I would also like to thank you for your efforts to date which we all might find instructive to the benefits of conducting and implementing this self evaluation.

Respectfully Submitted,

Paul Joseph Harcz, Jr.

Cc: Michigan Commission for the Blind

Cc: National Federation of the Blind of Michigan and United States

Cc: The American Council of the Blind and the Michigan Council of the Blind and Visually Impaired

Cc: Michigan ADAPT

Cc: Disability Network

Cc: U.S. Representative Dale Kildee

Cc: U.S. Dept. Of Justice, Civil rights division

Reference Note Number One:

>From Legal Foundations to Accessible Information, American Foundation for the Blind:

“…The courts have held that a public entity 

violates its obligations under the Americans with Disabilities Act when it 

simply responds to individual requests for accommodation on an ad-hoc basis. 

A public entity has an affirmative duty to establish a comprehensive policy 

in compliance with Title II in advance of any request for auxiliary aids or 

services [see Tyler v. City of Manhattan, 857 F.Supp. 800 (D. Kan. 1994)]. A 

recognized good practice in establishing such a comprehensive policy is to 

consult with the disability community, especially those members most likely 

to request accommodations. “

From: Americans with Disability Act Access Guidelines-US. Access Board:

(7) Building Signage.  Signs which designate permanent rooms and

spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6.  Other

signs which provide direction to, or information about, functional

spaces of the building shall comply with 4.30.1, 4.30.2, 4.30.3,

and 4.30.5.  Elements and spaces of accessible facilities which

shall be identified by the International Symbol of Accessibility

and which shall comply with 4.30.7 are: 

   (a) Parking spaces designated as reserved for individuals with

disabilities; 

   (b) Accessible passenger loading zones; 

   (c) Accessible entrances when not all are accessible

(inaccessible entrances shall have directional signage to indicate

the route to the nearest accessible entrance); 

   (d) Accessible toilet and bathing facilities when not all are

accessible.  

4.30 Signage.  

4.30.1* General.  Signage required to be accessible by 4.1 shall

comply with the applicable provisions of 4.30.

4.30.2* Character Proportion.  Letters and numbers on signs shall

have a width-to-height ratio between 3:5 and 1:1 and a

stroke-width-to-height ratio between 1:5 and 1:10.  

4.30.3 Character Height.  Characters and numbers on signs shall be

sized according to the viewing distance from which they are to be

read.  The minimum height is measured using an upper case X.  Lower

case characters are permitted.  

Height Above Finished Floor         Minimum Character Height

Suspended or Projected Overhead in compliance with 4.4.2          

  3 in (75 mm) minimum

4.30.4* Raised and Brailled Characters and Pictorial Symbol Signs

(Pictograms).  Letters and numerals shall be raised 1/32 in, upper

case, sans serif or simple serif type and shall be accompanied with

Grade 2 Braille.  Raised characters shall be at least 5/8 in (16

mm) high, but no higher than 2 in (50 mm).  Pictograms shall be

accompanied by the equivalent verbal description placed directly

below the pictogram.  The border dimension of the pictogram shall

be 6 in (152 mm) minimum in height.  

4.30.5* Finish and Contrast.  The characters and background of

signs shall be eggshell, matte, or other non-glare finish. 

Characters and symbols shall contrast with their background --

either light characters on a dark background or dark characters on

a light background.  

4.30.6 Mounting Location and Height.  Where permanent

identification is provided for rooms and spaces, signs shall be

installed on the wall adjacent to the latch side of the door. 

Where there is no wall space to the latch side of the door,

including at double leaf doors, signs shall be placed on the

nearest adjacent wall.  Mounting height shall be 60 in (1525 mm)

above the finish floor to the centerline of the sign.  Mounting

location for such signage shall be so that a person may approach

within 3 in (76 mm) of signage without encountering protruding

objects or standing within the swing of a door.  

4.30.7* Symbols of Accessibility.  

  (1) Facilities and elements required to be identified as

accessible by 4.1 shall use the international symbol of

accessibility.  The symbol shall be displayed as shown in Fig. 

43(a) and (b).

  (2) Volume Control Telephones.  Telephones required to have a

volume control by 4.1.3(17)(b) shall be identified by a sign

containing a depiction of a telephone handset with radiating sound

waves.  

  (3) Text Telephones.  Text telephones required by 4.1.3(17)(c)

shall be identified by the international TDD symbol (Fig 43(c)). 

In addition, if a facility has a public text telephone, directional

signage indicating the location of the nearest text telephone shall

be placed adjacent to all banks of telephones which do not contain

a text telephone.  Such directional signage shall include the

international TDD symbol.  If a facility has no banks of

telephones, the directional signage shall be provided at the

entrance (e.g., in a building directory).

  (4) Assistive Listening Systems.  In assembly areas where

permanently installed assistive listening systems are required by

4.1.3(19)(b) the availability of such systems shall be identified

with signage that includes the international symbol of access for

hearing loss (Fig 43(d)).  

4.30.8* Illumination Levels.  (Reserved).  