----- Original Message -----
From: joe harcz Comcast
To: Michael Steinberg ACLU
Cc: Sidhu,Mehgan ; jfroyal2000 .
Sent: Friday, November 13, 2015 9:03 AM
Subject: the protected speech
November 13 2015
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
joeharcz@xxxxxxxxxxx
810-516-5262
Re: I have First Amendment Rights too
All:
The Prior Restraint and Content Repression at ADA Event
What does First Amendment case law say about regulation of content of free
speech? Well here is some case law on the issue copied and pasted from a
Michigan First Amendment case and citing U.S. Supreme ccourt decisions:
“In broad terms, “the First Amendment means that
government has no power to restrict expression because of its message, its
ideas, its subject
matter, or its content.” United States v Stevens, 559 US 460, 468; 130 S Ct
1577; 176 L Ed 2d
435 (2010). The recognized function of this freedom of speech is to invite
dispute and enable
“free trade in ideas,” including those ideas many may find distasteful or
challenging. Virginia v
Black, 538 US 343, 358; 123 S Ct 1536; 155 L Ed 2d 535 (2003); Terminiello v
Chicago, 337
US 1, 4; 69 S Ct 894; 93 L Ed 1131 (1949). Accordingly, “[i]t is firmly settled
that under our
Constitution the public expression of ideas may not be prohibited merely
because the ideas are
themselves offensive to some of their hearers . . . or simply because
bystanders object to peaceful
and orderly demonstrations.” Bachellar v Maryland, 397 US 564, 567; 90 S Ct
1312; 25 L Ed
2d 570 (1970). (internal citations omitted). “
Now, I Paul Joseph Harcz, Jr. was literally restrained from peacefully
attempting to distribute pamphlets of public import at a public event to state
actors and officials , as well as attendees and was literally restrained from
doing so because it was deemed “disruptive” prior to me even distributing
information. It was precisely the content of my protected speech rights which
was being restrained. And note the most protected speech is political speech
aimed at exposing utter corruption of public officials.
After my signature line folks will see the content that was repressed through
force of arms by the Michigan State Police acting on orders of other state
actors!
If this assault upon the First Amendment Rights of anyone on the lawn of the
State Capitol is allowed to stand then all of our fundamental rights are at
jeopardy, disabled and non-disabled alike
Paul Joseph Harcz, Jr.
Cc: several
(Two attachments in totoJ.
(Item One Pamplet I Was Stopped From DisseminatingJ
Stop Subminimum Wages for Michiganders with Disabilities Now!
Goodwill, Peckham, Judson Center, Hope Network, SVRS, New Horizons, JVS and 50+
other Michigan businesses:
· Support the payment of subminimum wages to Americans with disabilities;
· Profit from exploiting workers with disabilities rather than training
them to reach their full potential;
· Lobby against the responsible phase out of Section 14(c) of the Fair
Labor Standards Act;
· Ignore the demand of seventy-five disability-oriented groups in their
quest for equal pay; and
· Foster the dependency of Americans with disabilities on government
assistance.
Protesters Believe:
· Subminimum wages are unethical, dehumanizing & discriminatory – and a
violation of the ADA.
· Sheltered workshops unfairly and illegally segregate members of the
disability community.
· We must end subminimum wages immediately and the responsible phase-out
of segregated employment for Michiganders with disabilities.
We are asking Michigan Centers for Independent Living – taxpayer funded
nonprofits that are meant to be disability rights organizations – to cease
financially supporting subminimum wages through membership in MARO. The
Michigan Statewide Independent Living Council (SILC) and the state’s IL
Association * Disability Network / Michigan * (which played a large role in
planning today’s celebration) are also being asked to end their financial
relationships with Peckham and MARO.
Image: NO Subminimum Wage – End Section 14(c): Subminimum Wage =
Discrimination. We are #NotACommodity
Take Action!
1. Urge Michigan “rehabilitation organizations” to adopt 21st century
business practices that provide the education, training, and support for
Americans with disabilities to be productive and valuable employees. Ask them
to support fair wages for workers with disabilities.
2. Is your Center for Independent Living a member of the Michigan
Association of Rehabilitation Organizations? If so, please urge them to act now
to help end subminimum wages for people with disabilities in Michigan by ending
their membership in MARO.
· Muskegon - Disability Network West Michigan: tamerac@xxxxxxxxxxx
· Midland - Disability Network of Mid Michigan: emmel@xxxxxxxx
· Traverse City - Disability Network of Northern Michigan:
jimmoore@xxxxxxxxxxxxx
· Lansing - Capitol Area CACIL: mpierce@xxxxxxxxx
· Detroit - Disability Network Wayne County/Detroit: rick@xxxxxxxxxxx
· Michigan Statewide Independent Living Council:
sara@xxxxxxxxxxxxxxxxxxxxxxxxxx
· Disability Network/Michigan (Statewide IL Association):
sara@xxxxxxxxxxxxxxxxxxxxxxxxxx
What’s This All About?
A Center for Independent Living that supports subminimum wages and segregated
work environments is absolutely unthinkable outside the state of Michigan.
If you’re wondering why taxpayer-funded disability rights organizations would
support this discriminatory, degrading, and dehumanizing practice, the answer
is: corruption.
Centers for Independent Living are required by law to be staffed and directed
by a majority of people with SIGNIFICANT disabilities - a concept called
consumer control.
Make no mistake - organizations run by and for people with significant
disabilities do not support subminimum wage employment.
Michigan CILs have been overtaken by non-disabled Certified Rehabilitation
Counselors and people with significant disabilities have been removed and
excluded from the only positions of power reserved for us in the state: our own
Centers for Independent Living.
We will no longer tolerate our Centers for Independent Living - funded by
taxpayers – to exclude, silence, and sideline the voice of the disability
community.
* We believe in Disability Pride and the power of the disability community *
* We believe that we can create sweeping change through consumer-driven
disability rights advocacy *
* We believe that our community is made stronger by the voices of people with
all types of disabilities *
Image: Michigan Disability Community Demands Consumer Control Now. Follow the
law. PeerActionAlliance.com
** Take Action **
Please contact the Independent Living Administration by emailing
Jamie.Kendall@xxxxxxxxxxx.
The message:
ILA: Please investigate the lack of consumer control in Michigan Centers for
Independent Living
(Item two pamplet I was stopped from disseminatingJ
https://nfb.org/leading-organizations-americans-disabilities-call-reform-abilityone-program
FOR IMMEDIATE RELEASE
CONTACTS:
Chris Danielsen
National Federation of the Blind
(410) 659-9314, extension 2330
cdanielsen@xxxxxxx
Bethany Alvaré
TASH
(202) 540-9020
balvare@xxxxxxxx
Leading Organizations of Americans with Disabilities Call for Reform of
AbilityOne Program
Organizations Set Forth Seven Reform Principles
Washington, DC (September 15, 2015):Seven leading organizations comprised of
Americans with disabilities announced today that they are calling for reform
of the AbilityOne Program and set forth seven principles for overhaul of the
program, which affects hundreds of thousands of American workers with
disabilities.
The announcement was made by the National Federation of the Blind (NFB), TASH,
the National Council for Independent Living (NCIL), the National Disability
Rights Network (NDRN), the Association of People Supporting Employment First
(APSE), the Autistic Self Advocacy Network (ASAN), and the United Spinal
Association.
The seven principles for reform put forward by the organizations are as follows:
1. Commitment to the expressed integration mandate set forth by the Supreme
Court of the United States in the case of Olmstead v. L.C.: Segregation of
people with disabilities in work sites, such as sheltered workshops and
enclaves, is inconsistent with Title II of the Americans with Disabilities Act.
People with disabilities must be supported to lead fully integrated lives in
their communities, including throughout their workday.
2. Implementation and development of best practices for employment of people
with significant disabilities: People employed by contracts negotiated through
the AbilityOne procurement process must have their employment goals supported
by providers implementing recognized best practices, such as Supported
Employment
and Customized Employment, that result in good jobs in the community.
3. Elimination of conflicts of interest that contribute to exploitation,
fraud, and abuse: Conflicts of interest in AbilityOne contract implementation
are rampant, and must be identified and prohibited. These include determination
of employee eligibility by community rehabilitation programs (CRPs) implementing
contracts, as well as the use of contract funds for lobbying and other purposes.
4. Payment of prevailing wages and the elimination of subminimum-wage
payments: Payment of subminimum wages to people with disabilities is intolerable
in the United States. People with disabilities should be paid the prevailing
wage for the task they are performing.
5. Ensuring financial and operational transparency and accountability:
AbilityOne contract use of funds must be transparent and readily available
(online)
to the public at every level, including the purpose and amount of funds used by
the Central Nonprofit Agencies, executive compensation packages of nonprofits
involved in the program, worker wage ranges, and purposes of funds used.
6. Relationship with employer: The ultimate objective of a
federally-sanctioned special procurement program should be to connect employees
with mainstream
employers, as opposed to having people with disabilities working for nonprofit
entities under specialized, set-aside contracts.
7. Prioritizing awarding of contracts available through the procurement
process to disability-owned businesses, including self-employed individuals with
disabilities: Rather than all contracts going to the non-profit organizations
currently involved in the program, individuals with disabilities should be
encouraged to compete for service contracts.
The AbilityOne Program must be brought up to contemporary standards of practice
for supporting people with disabilities to access competitive integrated
employment. When these reforms are adopted, an inspector general should be
appointed to provide rigorous oversight to ensure that the days of exploitation
and fraud are brought to an end.
Barb Trader, Executive Director of TASH, said: “The continued segregation of
people with disabilities in employment is unjust, and the payment of subminimum
wages is discriminatory and demeaning. Americans with disabilities must be
freed from the overwhelming control of the entities that simultaneously
determine
their eligibility for services, administer those services, and function as
their employers. The concentration of power in community rehabilitation programs
and sheltered workshops is a fundamental flaw in the AbilityOne Program. Any
federally-sanctioned program must be a positive force for workers with
disabilities
by providing them freedom, self-determination, and real employment and career
development opportunities.”
Mark A. Riccobono, President of the National Federation of the Blind, said:
“The principles we are setting forth today reflect the hopes and aspirations
of all Americans with disabilities. Neither AbilityOne nor any other program
that purports to serve us can do so without reference to our own determinations
on how to live the lives we want. We urge all other organizations of Americans
with disabilities and like-minded service providers to join us in calling
for an end to discrimination and low expectations, and to work with us for a
future in which we, as Americans with disabilities, have full control over
our destinies.”
###
About the National Federation of the Blind
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.
About TASH
TASH is an international leader in disability advocacy. Founded in 1975, TASH
advocates for human rights and inclusion for people with significant
disabilities
and support needs – those most vulnerable to segregation, abuse, neglect and
institutionalization. TASH works to advance inclusive communities through
research, education, and advocacy. The inclusive practices TASH validates
through research have been shown to improve outcomes for all people. More
information
about TASH can be found at
www.tash.org.
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