[nfbmi-talk] ada accommodations for upcoming mcb meetings

Mon Jun 13 23:27:07 UTC 2011

Pat cannon sure did great work as State ADA coordinator for PWD in the 
voting process...
For the record...
Note of April 8, 2010.

Following is a series of correspondences and ccs to relevant and interested 
parties regarding ADA compliance with the Michigan Secretary of State and 
its Bureau of Elections. Now, subsequently the SOS did get the Automark 
system in place which afforded people who are blind and others with other 
disabilities accessible access to the ballot itself (no thanks to ADA 
Coordinator Cannon here). When the announcement of the Automark was made 
before people with disabilities in the State Library and the State "Talking 
Book" program therein (in Lansing Michigan) I noted that there were no 
raised character and Braille signs on permanent rooms including that very 
room except for restrooms. I noted that to the Bill Milzarski referred to 
here whose very office in the Victor Office Building until he recently left 
his position with the Commission for Disability  Concerns (a post once 
headed by Patrick Cannon by the way) still to this day has inaccessible 
signage.

Now also note the barrier removal requirements of 504, the ADA and HAVA on 
polling places. To this date there are hundreds of polling places in this 
state that are inaccessible for people with disabilities in whole or part. 
The Secretary of State has all kinds of polling place accessibility surveys 
in her possession and funding for barrier removal. In Flint Michigan alone I 
don't think one identified barrier has been removed and I along with many 
members of The Disability Network conducted polling place accessability 
surveys.

Now, subsequent to this series and apparently independent of any efforts by 
Pat Cannon the Secretary of State did put on its web site its ADA 
Coordinator, Notice of Rights and a Grievance Procedure (about fourteen 
years or more after the law required these things to be done). And low and 
behold Patrick Cannon is right in there as the person to file a grievance 
with. But, hmmm.Here as on other occasions he effectively diverts the issue 
at hand and says, "Not my job."

Anytime that any person with a disability encounters discrimination or a 
physical access barrier or communications barrier with a state entity we can 
all thank Mr. ADA Coordinator Patrick Cannon who cannot even make his own 
programs with MCB fully accessible to people who are blind.

Wow the lack of compliance over a protracted period of time in this state is 
truly staggering. It is incredible.

Joe Harcz

(Attached e-mail correspondences):

(From me: Joe HarczJ

Dear Pat,

You are the ADA coordinator for the state. Each state agency is required to 
have an ADA grievance procedure in place. In fact that was required as of 
January

26, 1992.

Thus I am requesting a copy of that grievance procedure please.

I am also requesting the Secretary of State's ADA transition plan and self 
evaluation.

Of course I'm requesting these documents in accessible format pursuant to 
Title II, subpart e, (effective communications). These documents can be 
simply

sent as either plain text enclosures or Word attachments to my e-mail 
address.

I would also like to request at this time just what accessible voting 
devices have been certified for use here in Michigan as the core to 
discrimination

lies in the fact that only inaccessible voting systems have been certified. 
This lead to the very major act of mass discrimination under both the ADA 
and

504 in which twenty five counties with federal monies installed only 
inaccessible systems. This is a procedural act of discrimination which could 
have

been remedied with some basic understanding by the Secretary of State in her 
obligations not to establish discriminatory practices. In fact it is in the

self evaluation that such practices were to have been examined and 
eliminated.

Thank you for the update.

Best,

Joe

----- Original Message -----

From:

Cannon, Patrick D (DLEG)

To:

Joe Harcz

;

Cannon, Patrick D (DLEG)

Cc:

Shell, Amy

;

Milzarski, William

;

TMASSEA at mpas.org

;

mcbvi at sbcglobal.net

;

Wyeth, Duncan

;

casey354 at comcast.net

;

charis533 at COMCAST.NET

;

KDUBUC at mpas.org

;

Dist048 at house.mi.gov

;

AMAES at mpas.org

Sent: Wednesday, March 23, 2005 12:48 PM

Subject: RE: formal ada complaint and documentation of discrimination

Hello Joe,

Your recent note updating me on ADA compliance issues with regard to 
elections has been received and I wanted to share some information with you 
which I

trust you will find encouraging.  First though I want to commend you again 
for your tenacious and persevering advocacy on behalf of blind voters in 
Michigan

and throughout the country.

You will be pleased to know that efforts are continuing within the Secretary 
of State's office to promote accessibility of polling places throughout the

state, including the provision of voting machines which will enable voters 
with vision impairments to cast their ballots privately and independently.

In numerous meetings and discussions with the Elections Bureau of the 
Secretary of State, Michigan Protection and Advocacy Service, and the 
Michigan Commission

on Disability Concerns, it is evident that progress is being made.  The 
Secretary of State is currently involved in making technical assistance 
available

to communities in the state for the specific purpose of access of polling 
places and, in many instances, funds will be available to municipalities to 
assist

in access enhancements.

As for your desire to file a formal ADA complaint, I want to reiterate here 
what you and I have discussed in conversations over the past year.  The 
Americans

with Disabilities Act is a federal law, enforced by federal government 
agencies such as the U.S. Department of Justice, the Department of 
Transportation

and the Equal Employment Opportunity Commission (EEOC) and, as such, formal 
ADA complaints are best raised with those federal agencies.  You may wish to

contact Bill Milzarski at the Michigan Commission on Disability Concerns 
(PH: 517-334-8355 or email

milzarskiw at michigan.gov)

who can offer specific guidance on filing a formal ADA complaint to address 
the issues you have identified.

The role of the Governor's State ADA Coordinator is to assist the Executive 
Branch with ADA implementation issues within state government and to help 
coordinate

technical assistance and training for the State of Michigan Departmental ADA 
Coordinators.

While Laurie Bozung is the designated Department ADA Coordinator for the 
Secretary of State, issues related to elections are best addressed by their 
Elections

Bureau.  Ms. Amy Shell (PH: 517-335-2795) is an Elections Specialist for the 
Elections Bureau of the Secretary of State who can continue to provide you

with more information on the progress being made in Michigan to achieve 
accessible voting for everyone.

I wish you continued progress in your advocacy efforts and trust that you 
will keep me informed as other issues arise.

Best always,

Pat Cannon

-----Original Message-----

From: Joe Harcz [mailto:michiganadapt at peoplepc.com]

Sent: Monday, March 14, 2005 6:56 AM

To: Cannon, Patrick D (DLEG)

Cc: Dan Searing; sally Conway; John L. Wodatch; Marjory Raymer; Gary Kidd

Subject: Fw: formal ada complaint and documentation of discrimination

All,

What has happened to this and other ADA/504 complaints? The situation of en 
masse discrimination continued into the general election and continues to 
this

very date. Is the franchise of tens of thousands of individuals with 
disabilities to be taken so lightly? Also as there are ample funds for 
making the

voting experience accessible then why are not the state and federal 
monitoring officials ensuring that these funds are used in part for access?

I've not only alleged but documented a long standing, pattern and practice 
of mass discrimination on several counts effecting the civil liberties of 
Michiganians

with disabilities in the most grievous manner. Yet there is not action, or 
response let alone enforcement.

Please reply to this within three (3) working days.

Sincerely,

Paul "Joe" Harcz, Jr.

----- Original Message -----

From:

Joe Harcz

To:

Patrick Cannon

Cc:

john.l.wodatch at usdoj.gov

;

KYLE DUBUC

;

AMY MAES

;

harold.jackson at usdoj.gov

;

Charis Austin

;

Casey Dutmer

;

Donna Rose

;

representative John Gleason District 48

Sent: Saturday, August 21, 2004 10:58 AM

Subject: formal ada complaint and documentation of discrimination

August 21, 2004

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

E-mail:

michiganadapt at peoplepc.com

Re: ADA Compliance and Formal Grievance

Patrick Cannon

ADA, Coordinator, State of Michigan

Director, Michigan Commission for the Blind

Via E-mail

Dear Mr. Cannon,

I noted with interest in the most recent minutes of the Michigan Commission 
for the Blind that you have been appointed by our Governor as the ADA 
Coordinator

for the State of Michigan along with your current duties as Director of the 
MCB. First, I'd like to offer my sincerest congratulations for this 
appointment.

I'd also like to express that this appointment will help to address long 
standing access issues for persons with disabilities engaging state agencies 
and

who at long last wish to see the Americans with Disabilities Act actualized 
in our daily activities here in Michigan.

I'd also like to alert you to a severe problem regarding basic and system 
wide compliance with the ADA by the Michigan Secretary of State's Office and 
its

particular ramifications on Michigan voters with disabilities, particularly 
those who are blind and print impaired but not exclusively so.

As you know being a blind person yourself there are currently no systems for 
casting a ballot independently and secretly in this state. As I'm sure that

you also know this state has received millions of dollars from the federal 
government to purchase new voting systems including the infusion of $28 
million

in HAVA funds announced yesterday. Indeed, about twenty-five counties will 
have in place this November new balloting systems.

The problem is that none of these systems are accessible to the blind for 
the Secretary of State has divined that OCR (paper ballot based voting) will 
be

the statewide standard. And the new purchases referenced are all OCR 
systems.

Moreover, no accessible system has been certified for use here in Michigan.

This is a violation of the ADA and Section 504 both in policy and practice, 
as it does not afford people with disabilities equivalent access at the same

time as others get new systems.

Moreover, as you know if this agency had conducted and more importantly 
implemented its required ADA transition plan and self-evaluation then 
physical access

to all of its programs, services and activities would have been assured. 
Discriminatory practices would have been eliminated. And effective 
communications

with the visually, hearing and speech impaired would have been actualized.

Sadly, it appears that the Secretary of State's Office has been violating 
the ADA systemically for the years since its passage to the present.

I submit for your consideration the following request for basic ADA 
information along with a subsequent set of responses to my inquiry that 
tacitly admitted

that this office of state government routinely violates the ADA and 504.

I submit this as a formal grievance, but as the Secretary of State's Office 
has no required ADA grievance procedure this is most problematic. I also 
submit

this as a formal ADA complaint and documentation of violations against my 
person and all other persons similarly situated in the State of Michigan.

I am reiterating my request now from you in your official capacity as State 
ADA coordinator to remit to myself in accessible format the Secretary of 
State's

formal notification of rights, the contact information for its ADA 
Coordinator, its ADA transition plan and its ADA self evaluation.

Regardless, as to whether or not they have these documents they have long 
ago been obligated to ensure physical and communications access and to 
eliminate

discriminatory practices.I am requesting that you look into this matter and 
take measures to ensure compliance as soon as possible. It is critical for

voters with disabilities to have many of these items including physical 
access to the polls and access to voting materials and the ballot itself 
addressed

before November or thousands will have voting rights trampled upon or the 
franchise eliminated altogether. (please also refer to attachment number 
three.)

As you know I am blind and am requesting that any responses to this inquiry 
are made in accessible format pursuant to obligations under Title II of the

ADA and Section 504 of the Rehab Act. My only request for accommodation in 
this regard is to have correspondences via e-mail as either plain text 
enclosures

or Word attachments to my e-mail address listed above.

I thank you in advance for your prompt response and urgent attention to this 
and related matters.

Sincerely,

Paul Joseph Harcz, Jr.

Cc: Michigan Council of the Blind and Visually Impaired

Cc: The Disability Network

Cc: John L. Wodatch, US DOJ

Cc: Michigan Protection and Advocacy

Attachments:

June 16, 2004

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-2673

E-mail:

michiganadapt at peoplepc.com

Re: Information request about ADA compliance measures

Terri Lynn Land

Michigan Secretary of State

Lansing, Michigan 48901-0726

(517) 373-2540

secretary at michigan.gov

Dear Madam Secretary,

I am writing today to request some information about the Secretary of State's 
general compliance with The Americans with Disabilities Act of 1990 
regulated

at 28CFR Part 35. Specifically I am requesting the following in 
accessible/alternate format, as I am a legally blind person:

*the Secretary of State's ADA, Title II notification of rights (28CFR35, 
II-8.4000 Notice to the public)

which was required of the agency by implementing regulations as of January 
26, 1992.

* The name and contact information for the "ADA Coordinator" of the 
Secretary of State's office and A copy of the Secretary of State's ADA, 
Title II grievance

procedure (28CFR35, II-8.5000 Designation of responsible employee and 
development of Grievance Procedures) required as of January 26, 1992.

*A copy of the Secretary of State's ADA, Title II complete transition plan 
(28CFR35, II-8.3000 Transition plan)

which was required to be conducted by January 26, 1992; which was to have 
identified all structural barriers at that time, schedule their removal, 
take

interim measures for program access and to have removed the identified 
barriers by no later than July 26, 1995.

*A copy of the Secretary of State's ADA, Title II self evaluation (28CFR35, 
II-8.2000) which among other things was to have developed the means, methods

and protocols for providing information to people with visual impairments in 
accessible formats, based upon "primary consideration" and in a timely 
manner

(28CFR35, II-7.0000 COMMUNICATIONS;28CFR35, II-7.1000 Equally effective 
communication;28CFR35, II-7.1100 Primary consideration).

It is also significant to note that the self evaluation should have 
identified policies and practices that were discriminatory in nature and to 
have set

forth the means for eliminating discriminatory practices.

This inquiry has some extreme implications about the understanding of an 
implementation of the disability related aspects of the Help America Vote 
Act of

2002 (PL107-252,)and indeed ensuring access for people with disabilities to 
all aspects of the Secretary of State's programs, services, and activities.

Among many of them are:

*What provisions to this date in policy have been taken to ensure that 
persons who are blind, visually impaired, have manual disabilities or other 
disabilities

have equivalent access to ballots and voting systems at the same time as 
non-disabled individuals? Speciffically what measures have been identified 
and

made policy in the HAVA State Plan for this provision; and what devices and 
systems have been certified by your office in this regard to date?

*Why are so many polling places inaccessible to this day in whole or part 
when these same Title II entities were to have ensured program access more 
than

twelve years ago under the ADA? And what sanctions or measures will be taken 
by the Secretary of State's office to actually ensure accessibility to the

polls?

*What measures are currently being taken or have been taken by the Secretary 
of State to ensure that printed information and visually delivered 
information

such as that on its own web site is accessible to people who are blind, 
visually impaired or otherwise "print impaired"?

*What provisions for remitting information in Braille, large print, audio 
tape or electronic form based upon individual abilities to actually read 
those

formats as the ADA requires has the Secretary of State's office implemented 
since the passage of the ADA?

*Were provisions for alternate formats made at the   meetings of or even 
informing people with print disabilities about HAVA hearings? Were documents 
at

those hearings in alternate formats? Were all of those hearings in 
accessible or fully accessible buildings? Were interpreters for the deaf at 
those hearings?

*Are all facilities of the Secretary of State fully accessible and are 
provisions for information in accessible formats made and in place in those 
offices

during the daily course of business conducted therein?

Many answers to these questions can be found in the documents that I am 
requesting today. And of course the timely ability of the Secretary of State 
to

produce these documents in accessible format to this one requestor will 
speak readily to implementation.

Thus I make the request to receive these documents as either plain text or 
Word electronic files, which may simply be sent to me as attachments to my 
e-mail

address, listed above.

This just happens to be my most effective format for reading the printed 
word for my computer "talks". It is also in the strictest sense of the term 
the

most "readily achievable".

If I can be of assistance to your office in this regard or in any other 
matter related to the civil rights of persons with disabilities, including 
mine

please do not hesitate to ask.

I thank you in advance for your prompt and accessible response to my 
inquiry.

Respectfully,

Paul Joseph Harcz, Jr.

Cc: file

Cc: Christopher Thomas, bureau of elections

Cc: amy shell, bureau of elections

Cc: mpanda

Cc: mcbvi

Cc: dn

Cc: aapd

Attachment Number Two (Requests Denied):

June 30, 2004

Paul Joseph Harcz, Jr.

1365 East Mt. Morris Rd.

Mt. Morris, Michigan 48458

Dear Mr. Harcz:

We have received your communication, dated and received June 17, 2004, 
wherein you request information pursuant to the Freedom of Information Act 
(FOIA),

1976 P.A. 442, as amended.   The Department sent you a ten-day extension 
notice on June 21, 2004.

In an attempt to meet your request, this document is being sent to you in 
Word format.

Your request is ten pages long and discusses many issues.  After a thorough 
review, we believe that you have requested the following public records 
(quotations

are taken from your request):

·          The Secretary of State's ADA, Title II notification of 
rights..which was required of the agency by implementing regulations as of 
January 26,

1992.