[nfb-talk] another official re2quest for info

Wed Aug 9 21:36:49 CDT 2006

JH Note: Of course I already know the answers to this inquiry. None of the physical barriers identified in the City of Flint voting process have been removed by the HAVA deadline of January 1, 2006. And there are no accessible voting systems in place or in hand statewide by that same deadline as the Michigan Secretary of State still has not certified any accessible system. Moreover, Flint has an election taking place on February 28. So the general requirements of the ADA effective by regulation as of January 26, 1992 will again be violated. Worse this problem is statewide because there has been no enforcement, little public input into the process by people with disabilities and absolutely no accountability for the expenditure of millions of federal funds already remitted under HAVA.

We can pick a card any card related to voting here in Michigan. HAVA deadlines have been ignored. ADA deadlines have been ignored. Section 504 deadlines have been ignored.

And for the most part these things have been ignored from the state level right down to the local precinct level.

It's a disgrace. An absolute disgrace.

Joe Harcz

January 18, 2006

Inez Brown

Clerk, City of Flint

1101 S. Saginaw St.

Flint, MI    48502

810-766-7413

E-mail: ibrown at cityofflint.com

Re: Accessible polling places and voting systems in Flint Michigan

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI  48458

810-686-2673

E-mail: michiganadapt at peoplepc.com

Dear Ms. Brown,

I am writing you today to request information related to the accessibility of polling places and voting devices in the City of Flint pursuant to obligations under the Help America Vote Act, The Americans with Disabilities Act of 1990 (Title II), and the Rehabilitation Act of 1973 (Section 504). Specifically I wish to know if the identified barriers referenced in the attachment at the end of this letter have been removed by the Help America Vote Act deadline of January 1, 2006: Note these are simply summaries highlighting access barriers remitted to me by Michigan Protection and Advocacy Services, Inc. In addition to precise answers to this inquiry I am also requesting at this time the detailed polling place accessibility surveys that detail the barriers in this summary. I make that request pursuant to the Michigan Freedom of Information Act. Moreover as a person who is blind I request these documents in accessible format pursuant to obligations under the Americans with Disabilities Act of 1990 (subpart e, effective communications) and the auxiliary aids and services requirements of Section 504 of the Rehabilitation Act of 1973.

The requested documents may be made available by simply putting them into a conventional Word document or a plain text document, which can be e-mailed to me. (Simply, my computer talks and this accommodation if properly formatted is simple to accomplish and effective to meet my needs.) If for some reason you find this difficult to accomplish then you may send me the requested surveys in toto in contracted Braille (formerly known as Grade Two Braille) via my mailing address listed above.

As I'm sure you know the ADA not only addresses physical barriers but accommodations relative to making written and other communications accessible to people with sensory disabilities and that it requires communications to be timely and accessible without a surcharge for making them so.

If you have problems with this then I suggest that you consult with the City of Flint's required "responsible designee" (ADA coordinator) and/or the City's required ADA self evaluation. (Although I must say that I've had difficulty in ascertaining whether or not the city has an ADA coordinator and the required self evaluation.)

In addition as we discussed last year at a League of Women Voter meeting in Flint all jurisdictions were required to have voting systems in hand that are accessible to people with disabilities including people who are blind under HAVA by no later than January 1, 2006. Thus I am simply asking you if you have these devices in hand as of this date and exactly what models you are employing if the answer is "affirmative".

To clarify my requests even further I also request that all correspondences to these requests for information are accessible to myself again pursuant to obligations under the ADA and Section 504. Again in that regard responses via simple e-mail will suffice, but any response in conventional print without corollary remittance in accessible form will be considered a violation, in and of itself of the ADA and of Section 504.

I sincerely thank you for your courtesies expressed towards all people with disabilities in the past; I offer any consult that you might find useful in meeting these requests; and I thank you, in advance for your prompt and accessible response. 

Sincerely,

Paul "Joe" Harcz, Jr.

Cc: file

Cc: Gary Kidd and Mike Zelly, The Disability Network

Cc: Amy Shell, Michigan Bureau of Elections

Cc: John L. Wodatch, US Dept. of Justice, Civil Rights Division, Disability Rights Section

Cc: American Association of People with Disabilities

Cc: Rob Caufman, Genesee County, Bureau of Elections

Cc: Michigan Council of the Blind and Visually Impaired

Cc: Michigan Paralyzed Veterans Association

*Attachment from Michigan Protection and Advocacy Services:

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Carpenter Rd. Elem Sch.    "No Access prkg; broken pavement in 'accessible' route; curb cuts needed; needs directional signage; door too narrow, noncompliant handle" 1              1              1                1              1                              

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Averill Sobey Elem Sch.     "No prkg access aisle, no van access, no marked access route to entrance; no signage indicating access route; ramp threshold broken and uneven; voting area has obstructions"        1                              1              1              1                              1

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Minnesota-Williams Elem "Access prkg not marked, no access aisles; pavement in lot and drive broken and unsafe; route has long slope with no level landing in the middle; non compliant door hardware"             1              1              1              1                                              

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Franklin Calvary Lutheran Sch        "No access prkg signage, no van access provided; no signage to 'accessible' entrance; ramp in poor condition, no handrails/edge protection."    1                              1                              1                              

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Averill Potter Elem Sch.      No access prkg; broken pavement in 'accessible' route; curb cut has 3/4'' rise wher it meets sidewalk; noncompliant door hardware; directional signage needed 1                1              1              1              1                              

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Vernon-Washington Elem Alternative access prkg avaliable but route to access entrance not marked and has steep slope; noncompliant door hardware                           1                              1                1                              

Genessee               Flint        Inez Brown           5/3/2005               Gary Kidd             Kearsly St. Sarvis Conf. Center        "Prkg access aisle not compliant, signs not visible when car in spot"                1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Linda Friesen        Brennan Park Community Ctr         "No access prkg; main door less than 32'', noncompliant handle; entry to voting area not accessible"      1              1                                                                              1

Genessee               Flint        Inez Brown           5/3/2005               Linda Friesen        Scott School         "No access prkg signage; access path leads to noncompliant door, less than 32'', rounded"   1              1                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Linda Friesen        Manley School     "No access prkg signs; route not leve, big gaps; interior doors too narrow"       1                                              1              1                              

Genessee               Flint        Inez Brown           5/3/2005               Linda Friesen        Freeman School   No access prkg     1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Hasselbring Comm Center                No van access prkg                1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Pierson-Bryand Center School          NO BARRIERS IDENTIFIED                                                                                                        

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Wilkins Elem School           "No prkg access aisles; no access route to bldg; Door too narrow, noncompliant hardware."             1              1                              1                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Brownell Elem. School       "No van access prkg; noncompliant door hardware; route to voting area too narrow, directional signage needed"              1              1                              1              1                                

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Faith Temple        "No van access prkg, no prkg signage"                1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Bunche Elem. School         "Parking lot has rough/unlevel terrain, no van access prkg; main door less than 32''"  1              1                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Gundry Elem Sch                No access prkg; no exterrior access route; entrance not accessible              1              1                              1                                              

Genessee               Flint        Inez Brown           5/3/2005               Penny McMillian Holbrook Church                "Elevator buttons not in braille, floors not marked in braille"                                                                                              1              

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Merrill School       No access prkg; ramp has noncompliant rails              1                              1                                                              

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Civic Park School                "No Access prkg; route to access entrance long distance from prkg lot, too narrow"      1                                              1                                              

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Haskell Center     Ramp is broken up and has a turn without an appropriate level landing; route to area has noncompliant door                                  1              1                                              

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Broome Center    NO BARRIERS IDENTIFIED                                                                                                                

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Berston Fieldhouse              "No access prkg aisles, no van access prkg; main entrance not accessible (9 steps up), accessible entrance not makred, no route to accessible entrance, ramp leading to it is less than 36'' wide, no level landing at turns/top/bottom; interroir route has steep level change, threshold at door"             1                                1              1              1                              1

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Garfield-Edison School      No access prkg     1                                                                                                

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Mt. Tabor Church               "No prkg signage, no van access"           1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Kathy McGreathy               Doyle-Ryder School            "No prkg access aisles, no van access; handrails too low"    1                              1                                                              

Genessee               Flint        Inez Brown           5/3/2005               Luke Zelly             Neithercutt Elem School    "No access prkg signage, aisles"                1                                                                                              

Genessee               Flint        Inez Brown           5/3/2005               Luke Zelly             Cody Elementary                "No access prkg signage, no access aisles; ramp hs no handrials or edge protection"              1                              1                                                              

Genessee               Flint        Inez Brown           5/3/2005               Luke Zelly             McKinley MS       Curb ramp needed; interrior route has noncompliant doors                                            1              1                                              

-------------- next part --------------
JH Note: Of course I already know the answers to this inquiry. None of the physical barriers identified in the City of Flint voting process have been removed by the HAVA deadline of January 1, 2006. And there are no accessible voting systems in place or in hand statewide by that same deadline as the Michigan Secretary of State still has not certified any accessible system. Moreover, Flint has an election taking place on February 28. So the general requirements of the ADA effective by regulation as of January 26, 1992 will again be violated. Worse this problem is statewide because there has been no enforcement, little public input into the process by people with disabilities and absolutely no accountability for the expenditure of millions of federal funds already remitted under HAVA.

We can pick a card any card related to voting here in Michigan. HAVA deadlines have been ignored. ADA deadlines have been ignored. Section 504 deadlines have been ignored.

And for the most part these things have been ignored from the state level right down to the local precinct level.

It’s a disgrace. An absolute disgrace.

Joe Harcz

January 18, 2006

Inez Brown
Clerk, City of Flint
1101 S. Saginaw St.
Flint, MI

48502
810-766-7413

E-mail:
mailto:ibrown at cityofflint.com
ibrown at cityofflint.com

Re: Accessible polling places and voting systems in Flint Michigan

Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI

48458
810-686-2673
E-mail: michiganadapt at peoplepc.com

Dear Ms. Brown,

I am writing you today to request information related to the accessibility of polling places and voting devices in the City of Flint pursuant to obligations under the Help America Vote Act, The Americans with Disabilities Act of 1990 (Title II), and the Rehabilitation Act of 1973 (Section 504). Specifically I wish to know if the identified barriers referenced in the attachment at the end of this letter have been removed by the Help America Vote Act deadline of January 1, 2006: Note these are simply summaries highlighting access barriers remitted to me by Michigan Protection and Advocacy Services, Inc. In addition to precise answers to this inquiry I am also requesting at this time the detailed polling place accessibility surveys that detail the barriers in this summary. I make that request pursuant to the Michigan Freedom of Information Act. Moreover as a person who is blind I request these documents in accessible format pursuant to obligations under the Americans with Disabilities Act of 1990 (subpart e, effective communications) and the auxiliary aids and services requirements of Section 504 of the Rehabilitation Act of 1973.

The requested documents may be made available by simply putting them into a conventional Word document or a plain text document, which can be e-mailed to me. (Simply, my computer talks and this accommodation if properly formatted is simple to accomplish and effective to meet my needs.) If for some reason you find this difficult to accomplish then you may send me the requested surveys in toto in contracted Braille (formerly known as Grade Two Braille) via my mailing address listed above.
As I’m sure you know the ADA not only addresses physical barriers but accommodations relative to making written and other communications accessible to people with sensory disabilities and that it requires communications to be timely and accessible without a surcharge for making them so.

If you have problems with this then I suggest that you consult with the City of Flint’s required “responsible designee” (ADA coordinator) and/or the City’s required ADA self evaluation. (Although I must say that I’ve had difficulty in ascertaining whether or not the city has an ADA coordinator and the required self evaluation.)

In addition as we discussed last year at a League of Women Voter meeting in Flint all jurisdictions were required to have voting systems in hand that are accessible to people with disabilities including people who are blind under HAVA by no later than January 1, 2006. Thus I am simply asking you if you have these devices in hand as of this date and exactly what models you are employing if the answer is “affirmative”.

To clarify my requests even further I also request that all correspondences to these requests for information are accessible to myself again pursuant to obligations under the ADA and Section 504. Again in that regard responses via simple e-mail will suffice, but any response in conventional print without corollary remittance in accessible form will be considered a violation, in and of itself of the ADA and of Section 504.

I sincerely thank you for your courtesies expressed towards all people with disabilities in the past; I offer any consult that you might find useful in meeting these requests; and I thank you, in advance for your prompt and accessible response.

Sincerely,

Paul “Joe” Harcz, Jr.

Cc: file
Cc: Gary Kidd and Mike Zelly, The Disability Network
Cc: Amy Shell, Michigan Bureau of Elections
Cc: John L. Wodatch, US Dept. of Justice, Civil Rights Division, Disability Rights Section
Cc: American Association of People with Disabilities
Cc: Rob Caufman, Genesee County, Bureau of Elections
Cc: Michigan Council of the Blind and Visually Impaired
Cc: Michigan Paralyzed Veterans Association
*Attachment from Michigan Protection and Advocacy Services:

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Carpenter Rd. Elem Sch.

"No Access prkg; broken pavement in 'accessible' route; curb cuts needed; needs directional signage; door too narrow, noncompliant handle"
1

1

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Averill Sobey Elem Sch.

"No prkg access aisle, no van access, no marked access route to entrance; no signage indicating access route; ramp threshold broken and uneven; voting area has obstructions"

1

1

1

1

1
Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Minnesota-Williams Elem
"Access prkg not marked, no access aisles; pavement in lot and drive broken and unsafe; route has long slope with no level landing in the middle; non compliant door hardware"

1

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Franklin Calvary Lutheran Sch

"No access prkg signage, no van access provided; no signage to 'accessible' entrance; ramp in poor condition, no handrails/edge protection."

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Averill Potter Elem Sch.

No access prkg; broken pavement in 'accessible' route; curb cut has 3/4'' rise wher it meets sidewalk; noncompliant door hardware; directional signage needed
1

1

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Vernon-Washington Elem
Alternative access prkg avaliable but route to access entrance not marked and has steep slope; noncompliant door hardware

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Gary Kidd

Kearsly St. Sarvis Conf. Center

"Prkg access aisle not compliant, signs not visible when car in spot"

1

Genessee

Flint

Inez Brown

5/3/2005

Linda Friesen

Brennan Park Community Ctr

"No access prkg; main door less than 32'', noncompliant handle; entry to voting area not accessible"

1

1

1
Genessee

Flint

Inez Brown

5/3/2005

Linda Friesen

Scott School

"No access prkg signage; access path leads to noncompliant door, less than 32'', rounded"

1

1

Genessee

Flint

Inez Brown

5/3/2005

Linda Friesen

Manley School

"No access prkg signs; route not leve, big gaps; interior doors too narrow"

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Linda Friesen

Freeman School

No access prkg

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Hasselbring Comm Center

No van access prkg

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Pierson-Bryand Center School

NO BARRIERS IDENTIFIED

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Wilkins Elem School

"No prkg access aisles; no access route to bldg; Door too narrow, noncompliant hardware."

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Brownell Elem. School

"No van access prkg; noncompliant door hardware; route to voting area too narrow, directional signage needed"

1

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Faith Temple

"No van access prkg, no prkg signage"

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Bunche Elem. School

"Parking lot has rough/unlevel terrain, no van access prkg; main door less than 32''"

1

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Gundry Elem Sch

No access prkg; no exterrior access route; entrance not accessible

1

1

1

Genessee

Flint

Inez Brown

5/3/2005

Penny McMillian
Holbrook Church

"Elevator buttons not in braille, floors not marked in braille"

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Merrill School

No access prkg; ramp has noncompliant rails

1

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Civic Park School

"No Access prkg; route to access entrance long distance from prkg lot, too narrow"

1

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Haskell Center

Ramp is broken up and has a turn without an appropriate level landing; route to area has noncompliant door

1

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Broome Center

NO BARRIERS IDENTIFIED

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Berston Fieldhouse

"No access prkg aisles, no van access prkg; main entrance not accessible (9 steps up), accessible entrance not makred, no route to accessible entrance, ramp leading to it is less than 36'' wide, no level landing at turns/top/bottom; interroir route has steep level change, threshold at door"

1

1

1

1

1
Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Garfield-Edison School

No access prkg

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Mt. Tabor Church

"No prkg signage, no van access"

1

Genessee

Flint

Inez Brown

5/3/2005

Kathy McGreathy

Doyle-Ryder School

"No prkg access aisles, no van access; handrails too low"

1

1

Genessee

Flint

Inez Brown

5/3/2005

Luke Zelly

Neithercutt Elem School

"No access prkg signage, aisles"

1

Genessee

Flint

Inez Brown

5/3/2005

Luke Zelly

Cody Elementary

"No access prkg signage, no access aisles; ramp hs no handrials or edge protection"

1

1

Genessee

Flint

Inez Brown

5/3/2005

Luke Zelly

McKinley MS

Curb ramp needed; interrior route has noncompliant doors

1

1

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