[blindlaw] ADA and Air Travel

Thu Dec 3 00:19:03 UTC 2009

I think you just get some thicker skin and go on with your life.
A bad break but not worth monetary damages.

Steve----- Original Message ----- 
From: "James Weisberg" <jimi-law at dc.rr.com>
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Wednesday, December 02, 2009 6:08 PM
Subject: Re: [blindlaw] ADA and Air Travel

> In retrospect it's actually kind of funny although at the time it wasn't. 
> I
> travel with a Guide Dog.  So, as it was discussed in this thread, I made
> advance arrangements to be seated in the "bulkhead" seat which affords 
> more
> foot space so the dog can be in a position whereby she is not entirely on 
> my
> feet nor the feet of the person next to me.  No problem.  When I get to 
> the
> airport to check in I get assistance to the gate since the dog has yet to
> learn to read much to my consternation.  When I get to the gate I check in
> and inform the attendant about the Guide Dog and confirm the placement in
> the bulkhead seat.  At this time I also inquire if the plane is full,
> sometimes it is not, as in this instance.  I inform the attendant they may
> wish to juggle the passengers around and leave the seat next to me empty 
> so
> they do not have a paying passenger with a dog on their legs for the 
> entire
> trip.  Never had a problem when put in these terms.  I also inform them 
> the
> window seat is necessary to keep the dog from sticking into the isle.  So 
> a
> window, bulkhead seat with and empty seat next to me is ideal for me, the
> dog, and the passenger who would otherwise be seated next to me.
>
> Get on the plane and in my window bulk head seat which has been assigned 
> to
> me along with leaving the seat next to me empty which was arranged at the
> gate.  I am traveling with a cat in a container which I have paid to bring
> on the plane and immediately after taking my seat I place the cat 
> container
> in the seat next to me to get "situated."  As soon as I am seated I am
> confronted by a stew who says I will have to change seats to another row;
> non bulkhead.  I think it was the cat container b/c the rules I believe 
> are
> it has to be placed under the seat in front of you and a bulkhead seat has
> no seat in front of it so . . .   On my travels the other way with the cat
> six months earlier the container was taken and moved to an appropriate 
> place
> on the plane to the entertainment of the other passengers.  Anyways, I
> politely inform the stew I cannot move to another row and attempt to 
> explain
> my particular circumstances which make this so.  He interrupts me and 
> starts
> to berate me, and here comes the funny part, he actually says to me, "we
> have disabled passengers who have paid for these seats (the two next to
> me)."  Keep in mind I am sitting there with a dog in harness that says
> "Guide Dogs for the Blind."  This guy is a real genius.  I just tell him
> after that to het his supervisor.  The sup shows and gives me the same
> routine stating there is an entire empty row in the rear of the plane 
> (where
> of course only I would be inconvenienced without a place for MY feet).  So
> instead of moving the passengers across the isle in the bulkhead row to 
> the
> empty row of seats and allowing the other disabled passengers to take the
> bulk head across the row from me they instead stuck a nice old woman and 
> her
> daughter next to me (nobody disabled) and this nice woman took it in 
> stride
> with grace and dealt with a dog on her feet for four plus hours.
>
> The humiliation comes from, if not obvious, having my disability pointed 
> out
> to all on the plane who hadn't already noticed in a demeaning manner 
> (which
> would not have occurred but for the disability)thereafter followed up by
> their non accommodating my request to me indicates indifference to the 
> needs
> of those similarly situated as I when traveling.  Seems like the airline I
> refer is in need of some modification to their training.  I think I may 
> help
> them out toward that end.
>
> 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
>
> This message contains information which may be confidential and 
> privileged.
> Unless you are the addressee (or authorized to receive for the addressee),
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> This exchange of information does not create an attorney-client 
> relationship
> nor does it constitute legal advice.  The Law Office of J. William 
> Weisberg
> expects the recipient will independently evaluate this information in
> accordance with this disclaimer.
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of WB
> Sent: Wednesday, December 02, 2009 1:06 PM
> To: 'NFBnet Blind Law Mailing List'
> Subject: Re: [blindlaw] ADA and Air Travel
>
> Well, exactly how wer you marginalized is what the question is I think.
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of James Weisberg
> Sent: Wednesday, December 02, 2009 2:40 PM
> To: 'NFBnet Blind Law Mailing List'
> Subject: Re: [blindlaw] ADA and Air Travel
>
> being marginalized because of something (my case disability)in front of a
> plane full of passengers is humiliating.  No?
>
> 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
>
> This message contains information which may be confidential and 
> privileged.
> Unless you are the addressee (or authorized to receive for the addressee),
> you may not use, copy or disclose to anyone the message or any information
> contained in this message. If you have received this message in error,
> please advise the sender by reply e-mail and delete the message from your
> system.
>
> This exchange of information does not create an attorney-client 
> relationship
> nor does it constitute legal advice.  The Law Office of J. William 
> Weisberg
> expects the recipient will independently evaluate this information in
> accordance with this disclaimer.
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Steve P. Deeley
> Sent: Wednesday, December 02, 2009 11:19 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] ADA and Air Travel
>
> In your opinion, how were you humiliated?
> Steve
> Steve
> ----- Original Message ----- 
> From: "James Weisberg" <jimi-law at dc.rr.com>
> To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
> Sent: Wednesday, December 02, 2009 1:01 PM
> Subject: Re: [blindlaw] ADA and Air Travel
>
>
>> As the original poster of this thread I wanted to point out the reason 
>> for
>> my inquiry was not related to accommodations but rather being publicly
>> humiliated by air carrier staff (stew) which of course is a common 
>> carrier
>> and that's a big "no no."  Since the humiliation was based upon the
>> presence
>> of a guide dog the ADA first came to mind.
>>
>>
>>
>> Finally, Ben you rock dude!!
>>
>>
>> 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
>>
>> This message contains information which may be confidential and
>> privileged.
>> Unless you are the addressee (or authorized to receive for the 
>> addressee),
>> you may not use, copy or disclose to anyone the message or any 
>> information
>> contained in this message. If you have received this message in error,
>> please advise the sender by reply e-mail and delete the message from your
>> system.
>>
>> This exchange of information does not create an attorney-client
>> relationship
>> nor does it constitute legal advice.  The Law Office of J. William
>> Weisberg
>> expects the recipient will independently evaluate this information in
>> accordance with this disclaimer.
>>
>>
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
>> Behalf Of stiehm.law
>> Sent: Tuesday, December 01, 2009 12:58 PM
>> To: blindlaw at nfbnet.org
>> Cc: blindlaw at nfbnet.org
>> 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
>>>
>>> This message contains information which may be confidential and
>>> privileged.
>>> Unless you are the addressee (or authorized to receive for the
>>> addressee),
>>> you may not use, copy or disclose to anyone the message or any
>>> information
>>> contained in this message. If you have received this message in
>>> error,
>>> please advise the sender by reply e-mail and delete the message from
>>> your
>>> system.
>>>
>>> This exchange of information does not create an attorney-client
>>> relationship
>>> nor does it constitute legal advice.  The Law Office of J. William
>>> Weisberg
>>> expects the recipient will independently evaluate this information
>>> in
>>> accordance with this disclaimer.
>>>
>>>
>>>
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>>
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