[blindlaw] ADA and Air Travel

James Weisberg jimi-law at dc.rr.com
Thu Dec 3 01:35:31 UTC 2009


Agreed!

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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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Russell J. Thomas, Jr.
Sent: Wednesday, December 02, 2009 4:25 PM
To: 'NFBnet Blind Law Mailing List'
Subject: Re: [blindlaw] ADA and Air Travel

If you travel enough you will encounter your share of idiots. Most of the
time, airline and airport personnel try to be helpful--sometimes too
helpful; and then there is the idiot.



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: Wednesday, December 02, 2009 3:09 PM
To: 'NFBnet Blind Law Mailing List'
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
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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,
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This exchange of information does not create an attorney-client relationship
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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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