[blindlaw] ADA and Air Travel
Steve P. Deeley
stevep.deeley at insightbb.com
Wed Dec 2 19:20:46 UTC 2009
Just tip a sky cap to assist you through security and on to your gate. They
do this all the time. And, by the way, don't be cheep and slip them, at
least, five bucks.
You can get real good service when you bring out the bucks.
Steve
Steve
----- Original Message -----
From: <AZNOR99 at aol.com>
To: <blindlaw at nfbnet.org>
Sent: Wednesday, December 02, 2009 12:24 PM
Subject: Re: [blindlaw] ADA and Air Travel
> Hello,
>
> This is an interesting subject. TSA is generally not responsible for
> providing a traveler with a guide as a passenger goes through screening.
> You
> can always request a Companion Pass from the airline for someone to
> accompany you; however, it is at the discretion of the airline as to
> whether or not
> they grant this request. Most do grant the Pass as long as you give them
> a valid reason, and most accept accompanying a minor or passenger with a
> disability or elderly individual as a valid reason. You can request a
> Companion Pass from the airline at the time of check-in if you bring
> someone with
> you to drop you off - you don't necessarily have to let the airline know
> in advance that you plan to do this. If you want someone to meet you at
> the
> gate when you arrive though, you'll need to let the airline know in
> advance. This is because you won't actually be with the person when they
> obtain
> the Companion Pass, so the airline can't verify that they know you or
> that
> you'd want them to pick you up. Companions are subject to the same
> screening and security measures as passengers - valid State or Federal
> ID, human
> and belonging scans, etc. TSA does not have jurisdiction over Companion
> Pass issuance - that is at the discretion of the airlines - they are
> subject
> to the regs of the FAA.
>
> You can ask for a Guide at the airport as well. Generally airlines
> prefer
> you do this in advance, but you can certainly choose to make such a
> request when you arrive at the airport or land at your destination. If
> you don't
> let them know you need someone in advance though, you might have to wait
> longer for someone to arrive, as airlines try to have staff waiting for
> passengers about whom they know. We've all seen the line of wheel chairs
> and
> uniformed staff waiting when we deplane? Well, they're each usually
> assigned to a particular person, and they usually know who that person is
> ahead of
> time. Airlines, and sometimes airports, are increasingly creating
> "Passenger Assistance Departments," and escorting passengers is one of
> their
> primary functions.
>
> There are some airports that utilize the airport police or other airport
> staff as escorts rather than airline personnel. Sometimes this is because
> it is incredibly difficult to credential staff for all areas of an
> airport,
> which such staff need to possess. Sometimes it may be a small airport,
> and
> it would be more efficient to assign escort responsibilities to one person
> for all the airlines. Or there might be other reasons.
>
> However, TSOs - Transportation Security Officers) are trained in how to
> interact with disabled passengers. For example, if you place your cane on
> the conveyer belt, a TSO may offer to position you prior to entering the
> human
> scanner and reach out to hold your hands to guide you forward. Due to the
> nature of the scanning equipment, a passenger must not touch the scanning
> machine - it will not function properly if anything comes into contact
> with
> it. Some of us have had the experience of bumping the machine and setting
> it off in the past.
>
> If you run your cane through the baggage scanner and ask for it back to
> take through the human scanner, you have to be very careful, once again,
> not
> to tap the scanner walls with the cane - it will likely set the machine
> off.
> Also, if your cane has metal - many of us use metal tips - then it may
> cause the scanner to go off, necessitating the individual be referred to
> secondary screening or wanding.
>
> I've personally had the experience of placing my cane on the baggage
> scanning belt and walking toward the human scanner. I walked through the
> scanner very slowly and did not set it off. However, I was referred to
> secondary. I always ask why I'm being referred to Secondary (I'm in the
> business of
> wanting to know if I'm being discriminated against because of my
> religion,
> national origin, or disability). The answer I usually get (not always
> though, and I've got some funny stories about other times) is "it's
> random."
> I conveyed to the TSO that I could not move to the secondary screening
> area
> until someone retrieved my cane from the conveyer belt. He got it for me
> and asked, "Oh, is the reason you moved so slowly through the scanner
> because you are blind?" I answered that it was, and he told me I was free
> to go.
> I insisted on going to Secondary, and he said, "Well you don't need to.
> Your behavior isn't suspicious. I just thought it was because I didn't
> know
> you were being careful not to bump the machine since you couldn't see
> well." Part of their jobs as TSOs is to monitor suspicious behavior; part
> of my
> job is to convey the difference between suspicious behavior and cultural
> norms. Needless to say I insisted on going to Secondary because I wanted
> the chance to talk the issue through with the TSO. It was a teachable
> moment,
> and I think he really got there could be hundreds of reasons why someone
> might move slowly through a machine.
>
> But for those that have had really bad experiences at TSA or CBP
> checkpoints, there are a couple of different avenues you can take. If you
> believe
> you have been the subject of discrimination, you may file a CRCL (DHS
> Office
> for Civil Rights and Civil Liberties - and where I work) complaint. Go
> to
> _www.dhs.gov/civilliberties_ (http://www.dhs.gov/civilliberties) to
> download the form or send an email to _civil.liberties at dhs.gov_
> (mailto:civil.liberties at dhs.gov) explaining what happened. Please be
> sure to give as much
> detail as possible, including the date, airport name, terminal number,
> time
> of day, the name of anyone you obtain, and a narrative explaining what
> happened. If you have a customer service issue - for example a TSO was
> rude
> or dismissive, you may ask for a supervisor, a comment card, or both.
> You
> can also contact your local field office after the fact to convey what
> happened.
>
> My message is substantially longer than I intended, and I apologize for
> the
> length.
>
> Regards,
> Ronza
>
>
>
>
> In a message dated 12/2/2009 4:25:21 A.M. Eastern Standard Time,
> ckrugman at sbcglobal.net writes:
>
> I travel frequently alone and the air lines and/or HSA provide needed
> assistence upon my request. including through security check points and
> picking up baggage and assistence with procuring ground transportation or
> to
> a waiting party. I have found HSA and airport staff to be very
> cooperative.
> Chuck
> ----- Original Message -----
> From: "stiehm.law" <stiehm.law at juno.com>
> To: <blindlaw at nfbnet.org>
> Cc: <blindlaw at nfbnet.org>
> Sent: Tuesday, December 01, 2009 12:57 PM
> Subject: Re: [blindlaw] ADA and Air Travel
>
>
>> In addition to the airlines, I have recently become curious as to what
>> if
>> any, accommodations for the TSA makes with respect to disabled people
>> going through security and being picked up by somebody at the gate at
>> the
>> terminal at the other end of the flight. For example, do they permit a
>> blind person who is traveling alone to be accompanied through security,
>> down to the airline check-in counter at the gate by a non-ticketed
>> person.
>>
>> At the other end, is a non-ticketed person permitted through security to
>> go to the gate to meet a blind person flying alone?
>>
>> If TSA does not provide for such accommodations do the airlines take it
>> on themselves to provide this service?
>>
>> Has anybody had any experience in this regard? Is the accommodation, if
>> any, voluntary on the part of the TSA and/or the airlines or is it
>> governed by regulation?
>>
>> Patrick H. Stiehm
>> Stiehm Law Office
>> Alexandria, VA 22309
>> 703-360-1089 (Voice)
>> 703-935-8266 (Fax)
>>
>>
>>
>> Tue, 1 Dec 2009 11:30:37 -0800 "Russell J. Thomas, Jr."
>> <rthomas at rjtlawfirm.com> writes:
>>> Off the top of my head, and without any new research, the only case
>>> I
>>> remember is a case challenging the accessibility of airline websites
>>> with
>>> respect to attempting to make reservations and ordering tickets on
>>> line.
>>>
>>> I also think that there are regulations on the subject, especially
>>> dealing
>>> with how disabled passengers are to be treated (or perhaps on some
>>> occasions
>>> mistreated).
>>>
>>> I often thought it would be a good idea for the NFB to put together
>>> a short
>>> guide book concerning travel, including air travel, based upon
>>> experiences
>>> of NFB members, to be used as a reference guide for blind people who
>>> use air
>>> travel. Certainly things have changed since 911--some changes for
>>> the good,
>>> and others not so good.
>>>
>>>
>>>
>>>
>>> Respectfully,
>>>
>>>
>>>
>>> Russell J. Thomas, Jr.
>>>
>>> THOMAS & ASSOCIATES
>>>
>>> www.californiaemployersattorneys.com
>>>
>>>
>>>
>>> Orange County Office
>>>
>>> 4121 Westerly Place, Suite 101
>>>
>>> Newport Beach, California 92660
>>>
>>> T: (949) 752-0101
>>>
>>> F: (949) 257-4756
>>>
>>> M: (949) 466-7238
>>>
>>>
>>>
>>> Beverly Hills Office
>>>
>>> 9107 Wilshire Boulevard, Suite 450
>>>
>>> Beverly Hills, California 90210
>>>
>>> T: (310) 461-3561
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org
>>> [mailto:blindlaw-bounces at nfbnet.org] On
>>> Behalf Of James Weisberg
>>> Sent: Tuesday, December 01, 2009 10:01 AM
>>> To: 'NFBnet Blind Law Mailing List'
>>> Subject: [blindlaw] ADA and Air Travel
>>>
>>> Hi Folks:
>>>
>>>
>>>
>>> Anyone on the lists have experience or knowledge regarding the ADA
>>> and suits
>>> against air carriers for violations available for quick consult?
>>> Thanks.
>>>
>>>
>>>
>>> James W. Weisberg, Esq.
>>>
>>> Law Office of J. William Weisberg
>>>
>>> 299 South Patencio Road #3
>>>
>>> Palm Springs, California 92262
>>>
>>> V: 916.425.1010
>>>
>>> F: 916.374.7667
>>>
>>> E-Mail: jimi-law at dc.rr.com
>>>
>>> Admitted in Wisconsin
>>>
>>> Nationwide Practice Limited to Immigration Removal Defense & Civil
>>> Rights
>>> Advocacy for Children with Diabetes
>>>
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>>> expects the recipient will independently evaluate this information
>>> in
>>> accordance with this disclaimer.
>>>
>>>
>>>
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>>>
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