Disabled protesters sue troopers, nonprofits for barring them from Capitol event
capitol610.jpg
A group of mostly disabled protesters is suing several Michigan State Police
troopers, the retired facilities director at the Capitol and two nonprofit
groups for keeping them from a 2015 celebration of the American with
Disabilities Act. One of them, Paul Joseph Harcz Jr., 64, was arrested and
charged
with a felony that was dismissed in 2016. (Tanya Moutzalias | MLive.com file
photo)
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Danielle Salisbury | Danielle_Salisbury@xxxxxxxxx
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Danielle Salisbury | Danielle_Salisbury@xxxxxxxxx
on February 04, 2017 at 12:54 PM, updated February 04, 2017 at 3:16 PM
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LANSING, MI - They are not law breakers or rabble rousers. They are blind or
disabled people who have long resisted disparate treatment and say, despite
some progress, there is much to be done to improve the lives and perception of
people with disabilities.
"If we ever want an equal, first-class citizenship in this state, we need to
stand up against anyone trying to keep us down," David Robinson, 70, of Jackson
said.
He and six others filed a lawsuit on Friday against several Michigan State
Police troopers; the retired Capitol facilities director Dan Brocklehurst; and
two nonprofit groups, the Office of Disability Network/Michigan and the Capital
Area Center for Independent Living.
They allege they were wrongfully kept from a Sept. 17, 2015 event outside the
state Capitol organized by the nonprofits to celebrate the 25th anniversary
of the American with Disabilities Act. One of them, the lawsuit argues, was
illegally and unjustifiably arrested and charged with a felony.
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This was done, they contend, because they voiced concerns about a sponsor they
said pays disabled workers less than minimum wage and took issue with the
event's location - outside a building they believe is not in compliance with
the 1990 federal act prohibiting discrimination.
"Such conduct cannot stand. American citizens have a constitutional right
peaceably to assemble and to express their views, even when - especially when
- those views spark debate and promote a free exchange of ideas," the lawsuit
states.
When contacted Saturday, Brocklehurst conceded organizers and officials did
want "interference" from those there to cause disturbance. "They told us that
they were there to disrupt the event," he said before declining to discuss the
case further because he had little knowledge of the lawsuit.
"We've yet to review the lawsuit since it was just filed today," state police
spokeswoman Shanon Banner wrote in an email on Friday night. "Commenting at
this point would be premature."
Efforts to reach the organizing groups since Friday night were unsuccessful.
The lawsuit contends state police violated their civil rights and would not
allow Robinson and about 15 others to go beyond the Gov. Austin Blair statue,
prompting complaints. The memorial stands about 150 feet from the east steps of
the state Capitol during what was promoted as an open and free celebration.
Further, police arrested one of them, Paul Joseph Harcz Jr., 64, of Mount
Morris, a blind man who weighs about 150 pounds and stands about 5 feet 8 inches
tall.
Harcz attempted to evade metal barriers and police troopers blocking their
passage, using his cane, the lawsuit states, but troopers pushed him back from
the barricade.
Sgt. Edwin Henriquez testified he approached Harcz and supporters and told them
they were welcome on state property but could not disrupt the event, according
to the lawsuit. He said Harcz was hitting officers on and between their legs
with the walking stick and pushed officers.
The lawsuit called any report of Harcz shoving the officers false.
"At no point did (Harcz) assault, batter, wound, resist, obstruct, oppose or
endanger the officers. He was just trying to find his way into the event..."
Henriquez grabbed Harcz by one arm and pulled him across and through the
barricades. Trooper Ryan Davis took hold of his other arm. A third trooper,
Stephen
Thomas, helped as Henriquez put Harcz in handcuffs and took him from the area,
the lawsuit alleges.
They dragged him down a walkway. He went to jail and was charged with resisting
or obstructing officers, a felony. The prosecution, according to the lawsuit,
was malicious and without cause.
The Ingham County Prosecutor's Office did not dismiss the case until nearly a
year later, on Aug. 22. This was done at the order of Gretchen Whitmer, who
had become interim prosecutor as Stuart Dunnings battled prostitution
allegations,
according to the Detroit Free Press.
Harcz and the others could not file the lawsuit until after the criminal case
was resolved, said Robinson, who supported his friend throughout the court
proceedings.
He said Harcz refused to plead guilty to a lesser charge, insisting he had done
nothing wrong.
Harcz served on a planning committee for the 2015 celebration and he and the
other plaintiffs brought their issues to Sara Grivetti, CEO of Disability
Network
and chief event organizer by email and otherwise.
She and another leader talked to state police Sgt. Jeff Held about the possible
protesters. Held assured her no one would be permitted to protest, the lawsuit
states.
"We just wanted to go there and talk to people and pass out our leaflets,"
Robinson said.
"They kept us apart from everyone else, like we were some sort of dangerous
people."
All but one of the seven are disabled. One of them had a walker. Several
carried white canes.
Safety considerations, Robinson said, are a "pretty lame excuse for denying us
our civil rights."
Robinson, retired from a state agency, is president of the Jackson chapter of
the National Federation of the Blind, and believes a disabled person should
be given the same opportunities to succeed - or fail - as anyone else in
society. He has worked to improve the lives of people with disabilities by, for
example, pointing out problems with state web page accessibility.
"What we are trying to do is change the perception of disabled people," said
Robinson, blind since he was 19 mostly because of glaucoma. "We want to change
the culture."
He and his fellow plaintiffs wanted to communicate that not all is perfect and
"hunky dory."
If the lawsuit shocks authorities into taking positive action on behalf of
people with disabilities, "that would be a wonderful thing," Robinson said.
"The reality of what was happening, the backlash to our message was so severe,
so uncalled for, we had to do something that would show that people with
disabilities aren't going to sit down and shut up just because the bully state
is going to do whatever they want."
Source:
http://www.mlive.com/news/jackson/index.ssf/2017/02/disabled_protesters_sue_troope.html