[nfbmi-talk] Fw: what has been done on this?

joe harcz Comcast joeharcz at comcast.net
Thu Jun 21 00:13:14 UTC 2012


----- Original Message ----- 
From: "joe harcz Comcast" <joeharcz at comcast.net>
To: "Grant, Mary M" <Mary.M.Grant at ed.gov>
Sent: Wednesday, June 20, 2012 8:12 PM
Subject: Re: what has been done on this?


> Dear Ms. Grant,
>
> Has OCR even looked at on bit of fact based evidence I've supplied which 
> documents past and ontoing violations of the ADA and Section 504 bby 
> recipients of Departmental funds under your charge to enforce?
>
> It is simply incredable to me that you and OCR ignor documented eevidence 
> proven over and over again by recipients including the Michigan commission 
> for the blind. It is just plain incredable and in fact a Bivens action 
> against O
> CR itself is in order for its lack of enforcement and compliance.
>
> We are now twenty twoo years plus into the ADA, Title II alone and MCB 
> alone isn't fully accessable to the blind on numerous counts.
>
> Do you understand what is wrong with this picture madame?
>
>
> ----- Original Message ----- 
> From: "Grant, Mary M" <Mary.M.Grant at ed.gov>
> To: <joeharcz at comcast.net>
> Sent: Wednesday, June 20, 2012 1:29 PM
> Subject: FW: what has been done on this?
>
>
>
>
> -----Original Message-----
> From: OCR Cleveland
> Sent: Wednesday, June 20, 2012 10:03 AM
> To: 'joeharcz at coomcast.net'
> Subject: RE: what has been done on this?
>
> Dear Mr. Harcz,
>
> Your June 8, 2012 email to the U.S. Department of Education, Office for 
> Civil Rights (OCR) in your subject line you asked "what has been done on 
> this."  In all your previous emails you provided OCR with a copy of your 
> emails that you sent to several other agencies.  We do not take action 
> with respect to copies of emails sent to OCR because copies of emails do 
> not constitute a complaint being filed with this agency.  Also, the OCR 
> does not maintain any records relative to the Michigan Commission for the 
> Blind.
>
> The OCR enforces several Federal civil rights laws that prohibit 
> discrimination in programs and activities that receive Federal financial 
> assistance from the U.S. Department of Education or in certain public 
> entities.  The Federal civil right laws that prohibit discrimination, 
> which we enforce are laws based on race, color, national origin, age, sex 
> and disability.    If you believe that you have been discriminated against 
> on one of the above bases involving  an institution as described above, 
> you can file a complaint with our office.  You can learn about how to file 
> a complaint with our office at this website address - http:// 
> www.ed.gov/about /offices/list/ocr/complaints-how.html.  According to 
> OCR's case resolution and investigation procedures, OCR will generally 
> take action only with respect to those complaint allegations that have 
> been file within 180 calendar days of the date of the last act of alleged 
> discrimination, unless a waiver is granted.      Decisions on requests for 
> waivers are made upon the receipt of an untimely complaint.  In addition, 
> if you filed a complaint alleging the same discriminatory conduct with 
> another federal, state, or local civil rights enforcement agency within 
> the 180-day period, and that agency issued a determination that you 
> believe was flawed, you must file a complaint with us within 60 days after 
> the other agency completed its investigation or notified you that it would 
> take no further action, for us to consider your complaint to be timely.
>
> If, after reading the information provided above and the enclosed links, 
> you have any questions about OCR's complaint process; please contact me at 
> 216-522-7645 or by email to Mary.M.Grant at ed.gov.
>
> -----Original Message-----
> From: joe harcz Comcast [mailto:joeharcz at comcast.net]
> Sent: Friday, June 08, 2012 8:13 PM
> To: OCR Cleveland
> Subject: Fw: [nfbmi-talk] what has been done on this?
>
>
> ----- Original Message ----- 
> From: "joe harcz Comcast" <joeharcz at comcast.net>
> To: <nfbmi-talk at nfbnet.org>
> Sent: Monday, April 16, 2012 6:20 AM
> Subject: [nfbmi-talk] what has been done on this?
>
>
> RESOLUTION 2011-01
> RESOLUTION RELATED TO PROGRAM ACCESS AND MCB
>
>
> WHEREAS, all Vocational Rehabilitation entities, including the Michigan
> Commission for the Blind, (MCB) have long ago been required to provide
> "program access" to all the facilities it uses on a daily basis and to 
> hold
> hearings, meetings and events in fully accessible facilities, even to the
> point of signing assurances with the Rehabilitation Services 
> Administration
> annually that it does fully comply with these long-standing obligations; 
> and
>
>
>
>            WHEREAS, one of those long-standing requirements was, and is to
> have raised character Braille signage mounted on every permanent room,
> nearest the latch side of each door in accordance with American with
> Disabilities Act Guidelines (3.40.1, 4, 5, and 6); and
>
>
>
>            WHEREAS, all such barriers were to have been removed under the
> required ADA transition plan by no later than July 26, 1995, yet exist to
> this very day in most, if not all, facilities used by the MCB; and
>
>
>
>            WHEREAS, Patrick D. Cannon was the former Chair of the United
> States Access Board which establishes the standards of the ADAAG, the 
> State
> of Michigan ADA Coordinator responsible for implementation and the 
> Director
> of MCB responsible for full compliance and knowingly so; and
>
>
>
>            WHEREAS, the ADA and Section 504 of the Rehabilitation Act are
> civil rights laws requiring affirmative action; and therefore these
> inactions by Cannon constitute not only gross dereliction of known duties
> and deliberate indifference to these civil rights laws, but also must be
> considered malicious and intentional acts of mass discrimination; and
>
>
>
>            WHEREAS, members of, and indeed the entire state affiliate of
> the National Federation of the Blind of Michigan, have promoted the full
> application of these requirements repeatedly over the years along with
> documenting violations; and
>
>
>
>            WHEREAS, the NFB-MI has long promoted Braille, including its 
> use
> in the built environment, for reasons obvious to all:
>
>
>
>            NOW THEREFORE, be it resolved by the National Federation of the
> Blind of Michigan in convention assembled this 6th day of November, 2011 
> in
> the City of Kalamazoo, Michigan that forthwith the NFB-MI lodges a formal
> Complaint with the Office of Civil Rights (OCR) in the United States
> Department of Education, along with supporting documentation, on behalf of
> all its members, and indeed all people who are blind in the State of
> Michigan, against Patrick D. Cannon, individually, and against the 
> Michigan
> Commission for the Blind as an entity; and
>
>
>
>            BE IT FURTHER RESOLVED that as a part of this Complaint, the
> NFB-MI urges OCR to promptly enforce our individual and collective civil
> rights and to make the class whole as its charge.
>
>
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