One year later and still no real justice though the charges were dismissed
because the state didn't have a case to begin with....
----- Original Message -----
From: joe harcz Comcast
To: Sidhu,Mehgan ; msteinberg@xxxxxxxxxxxx
Cc: terrydeagle@xxxxxxxxx
Sent: Saturday, September 26, 2015 8:40 AM
Subject: Re: ADA State Capitol Event Arrest and First Amendment
A little more to clarify the First Amendment issues....
Sorry this is rushed and sent to the NLG as well to clarify for them in my
search for legal ion the bogus, retalatory felony charges....
Crimanalizing My and Our Civil Rights
People must understand the nature of the event held on the Michigan State
Capitol Lawn on September 17 and funded by taxpayers dollars. It was the
Celebration of the 25th Anniversary of the Americans with Disabilities Act. It
was free and open to the public and especially to people with disabilities such
as me.
The ADA is based upon the 1964 Civil Rights Act, Like all civil rights laws it
prohibits discrimination. The non-discrimination mandate says in part: "No
qualified person with disabilities may be discriminated against or be denied
thebenefits of the services, programs and activities of any public entity or
place of public accommodation." Yet, I, a blind activist for these very civil
rights and several others were denied this in glaring fashion at this very
event!
The ADA is also an integration mandate, yet those of us protesting the
segregated workshops that perversely also exploit hundreds of thousands of us
were denied access to even protest these things with words, pamplets, and
signs. And ladies and gentlemen, separate is never equal!
The, ADA also requires that physical barriers and communications barriers were
to have been removed 25 years ago. Yet, The State of Michigan and all of these
public actors literally placed barriers to our entrance which also included
State Police in full body armor.
This was a hidious assault upon our civil rights at the very celebration of its
anniversary. It was our birthday party and the state wouldn't even let us in.
This is akin to having a celebration of the 1964 civil rights Act being held
on the Capitol and having State Police bar, quite literally, African-Americans
who wished to point out that there is still racial injustice from attending and
expressing the facts, or denying some because they were affiliated with the
NAACP, or Black Lives Matter. And then to arrest anyone who refused to comply
with that discriminatory order.
Now, as to the charges for they are frivilous and, in fact have "criminalized
my civil right of access let me say this:
I willfully tried to get around the barrier for it was an unlawful and grossly
discriminatory, on its face, order to begin with. I did resist the order, but
not arrest. As to the element of "obstruction" it was the agents of the State
who obstructed, quite literally me and dozens of people with disabilities from
participating in the anniversary of my civil rights.
This was not a direct action, or civil disobedience. It was my right and the
right of others to access this event.
The arrogence of the State in this regards is apparent.
Joe Harcz
1365 E. Mt. Morris Rd.
Mt. Morris, MI, 48458
810-516-5262
joeharcz@xxxxxxxxxxx
Member:
National Federation of the Blind
Member:
ADAPT
----- Original Message -----
From: Sidhu,Mehgan
To: msteinberg@xxxxxxxxxxxx
Cc: joeharcz@xxxxxxxxxxx ; terrydeagle@xxxxxxxxx
Sent: Friday, September 25, 2015 6:51 PM
Subject: ADA State Capitol Event Arrest and First Amendment
Dear Mike,
To follow up on our conversation earlier today, I would like to introduce you
virtually to Joe Harcz and Terry Eagle. Mr. Harcz and Mr. Eagle are members of
the National Federation of the Blind of Michigan and both attended the protest
before the ADA anniversary event at the state capitol and were denied entry to
the event along with a number of other people with disabilities. Mr. Harcz
was arrested after stepping beyond the police-erected barricade while
attempting to access the event. I have provided Mr. Harcz's and Mr. Eagle's
contact information below and copied them so that you can be in touch to hear
from them directly what took place. I have also forwarded the charge
information Mr. Harcz received this evening. I look forward to being in touch
next week and thank you for looking into this matter.
Joe Harcz
810-516-5262
joeharcz@xxxxxxxxxxx
Terry Eagle
517-372-7552
terrydeagle@xxxxxxxxx
Best,
Mehgan
Mehgan Sidhu
General Counsel
National Federation of the Blind
200 East Wells Street at Jernigan Place
Baltimore, Maryland 21230
Telephone 410-659-9314 ext. 2314
Fax: 410-659-5129
E-mail: msidhu@xxxxxxx
Web site: www.nfb.org
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles between
blind people and our dreams. You can live the life you want; blindness is not
what holds you back.
Make a gift to the National Federation of the Blind and help ensure all blind
Americans live the lives they want.
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