March 27 to Kamar Importance High ADA and Politics of It all
Paul Joseph Harcz, Jr.
1365 E. Mt. Morris Rd.
Mt. Morris, MI 48458
810-516-5262
joeharcz@xxxxxxxxxxx
Re: Strategy and Needed Accommodations for Wednesday Meeting
Importance High!
To:
Mark E. Kamar
Attorney at Law
1010 N. Washington Ave.
Lansing, MI 48906
Ph. 517-482-8835
Fax 517-482-0422Dear Mark,
From the beginning this case was about The Americans with Disabilities Act of
1990, constitutional rights, and politics. In fact several of us people with
disabilities including me were barred literally from attending our publicly
funded, and open to the public ADA Celebration held on public property. This
was a violation of the very act we were celebrating and literally barriers were
put up in our way on a day commemorating barrier removal. I was indeed
arrested for exercising my rights to enter this event which was another
violation of the ADA retaliation clause itself and have been subsequently
persecuted, not prosecuted for this insanity. For, as I said that very day
keeping me and us out of our own ADA celebration was indeed “freaking insane”.
These are facts at play.
But the ADA also goes to court proceedings and needed accommodations for not
only me but for all of my witnesses and indeed other people with disabilities
who would come and support me. All state and local governmental entities
including courts and prosecutor’s are covered by the ADA, Title II. Moreover,
that was affirmed in the U.S. Supreme Court decision, Tennesee v. Lane that it
is expressly to be applied to state and local courts and court proceedings. For
if accommodations are not made there is no due process. It is a total hardship
for me given the fact I can’t drive from Flint to Mason to even make my court
appearances let alone the others with disabilities without accommodations, and
Terry Eagle and I have proffered some that really need to be listened to and
addressed.
Again many of my witnesses and supporters use wheelchairs, or are blind and
don’t drive do to disabilities.
Now, politics are at play here as well and have been so from the get go, for
one of the things we were protesting was the fact the very people sponsoring
our ADA event violate the ADA itself daily including Lt. Governor Calley a key
speaker, Sarah Gravetti a state official and Sharon Ellis, the State ADA
compliance Director, and public employee with the Michigan Department of Civil
Rights! And all are not people with substantial disabilities or even any
disability at all. And the role and actual conspiracy to deprive us of our own
civil rights is documented right in the supplemental police report and in other
evidence and documents.
Now, if accommodations are not met then there are fundamental due process
violations that frankly, are a cascade and put the court and prosecutor in
jeopardy if not met. This is precisely what Terry was getting to in his recent
e-mail to you. The implications for both are stark, though I must say if
proffered Judge Collette would make accommodations. They need to be made though.
Now, this is also strategic for what is the bottom line here…A Blind ADA
activist has been persecuted for exercising his known rights. And the court and
prosecutor’s office surely has better things to do then engage in this witchch
hunt on a case they will surely lose because I’m innocent.
Besides, frankly speaking, the Ingham County Prosecuter’s office has some real
political situations with the problems related to Mr. Dunnings who is charged
with several felonies and has been accommodated with out of state treatment
while several blind and otherwise disabled folks are denied accommodations on a
frivelous case to begin wwith.
Now, this can all go away with conference on Wednesday. I wish for you to
present the needs for accommodations. Moreover, while there is a potential as
everyone knows for an eventual suit by me for “malicious prosecution” , which
is one of the “elephants in the room” looming in the background, if this case
is dropped on Wednesday I will not sue the prosecutor’s office for same. I make
this offer as a practical consideration for I’m being burned out by all of this
and while damaged gravely already I will let the prosecutor’s office off the
hook if they drop this abuse. They can and should if not vvindictive “make this
go away”.
I’m not saying that for other state actors involved however including the
bullies with the MSP who have already committed perjury even in pre-trial and
in the public record and who indeed assaulted me amongst other things.
Mark, from the beginning all I asked for was an affirmative, and vigorous
defense against the spurious charges which have cost me dearly already. I’ve
suffered enough with time labor, and money over exercising my known civil and
constitutional rights.
If the prosecution continues in this then there will be press coverage and they
will be exposed for everything in the media. Frankly, it won’t look good for
the office to go after one blind man with all of the zeal that has been put
forward and now, several others with disabilities (witnesses, etc.) while again
the office should be dealing with real accused felons committing rape, murder
and other heinous acts.
You get my drift here I’m sure.
I know this is Easter Sunday and that you cannot respond today, but time is
short and it shows the burden placed upon me. I have elderly parents to attend
to. I have huge burdens in again transportation. I needed to be accommodated
and not be the only one accommodating the judicial process. That is the point
of the ADA.
Regardless I’m offering this after much consideration and in the interest of
true justice for me and all involved which should be the purpose of our legal
system. And, again at the sake of being redundant the ADA applies in all
aspects of daily life including in the legal process.
Sincerely,
Paul Joseph Harcz, Jr.
