[blindlaw] ADA and Air Travel / Canes

Millie Rivera-Rau mildredrivera at yahoo.com
Fri Dec 4 14:03:02 UTC 2009


I prefer to use a long white cane. When I sit in the aisle, I just ask the person near the window if I can stow it there and no one has ever turned me down. I was wondering if anyone knows, maybe Ronza, if I have a right to have the cane at my reach? I maintain that I do, but don't know any reg or airline policy that actually says that I do. 

Have a blessed day !!! :), Millie  

--- On Fri, 12/4/09, Reyazuddin, Yasmin <Yasmin.Reyazuddin at montgomerycountymd.gov> wrote:


From: Reyazuddin, Yasmin <Yasmin.Reyazuddin at montgomerycountymd.gov>
Subject: Re: [blindlaw] ADA and Air Travel / Canes
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Date: Friday, December 4, 2009, 8:06 AM


Hi Millie, 
It has happened to me too. I have given them the cane and they have placed in a secure place. I was in the ile seat and had no wall near me. They also put the cane in the overhead bin but are careful that it does not fall out. The airline staff are willing to help me get to the bathroom or bring me soft drinks. I am talking about long flights lasting 7 to 9 hours. 

Yasmin Reyazuddin 
Information & Referral unit 
Department of Health & human services 
401 Hungerford Drive (1st floor) 
Rockville MD 20850 
Phone 240-777-1245 (info line) 
240-777-1556 (personal line) 
Fax: 240-777-4636 
TTY: 240-777-1295 

Office hours 8:30 am to 5:00 pm 

Languages English, Hindi, Urdu 

This message may contain protected health information or other information that is confidential or privileged. If you are not the intended recipient, please contact the sender by return mail and destroy any copies of this material. 

Thank you.


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Millie Rivera-Rau
Sent: Thursday, December 03, 2009 10:19 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] ADA and Air Travel / Canes

I have a question. Lately my long white cane has been taken from me after I get on the plane. Sometimes I can convince the personnel that I should be permitted to keep it but other times I am not successful. Is there something that I can site that would get through to them? Or, am I required to relinquish it? For some reason it has been a problem more in the last two years then ever before. I push it to a point just after making a scene. smile. The thing that really gets me is that they want to put it in an overhead bin and usually it falls out as soon as the bin is opened and hits someone on the head! Then the other passengers realize I was right. Any thoughts. 
 
Millie
 




--- On Wed, 12/2/09, AZNOR99 at aol.com <AZNOR99 at aol.com> wrote:


From: AZNOR99 at aol.com <AZNOR99 at aol.com>
Subject: Re: [blindlaw] ADA and Air Travel
To: blindlaw at nfbnet.org
Date: Wednesday, December 2, 2009, 12:24 PM


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
>>
>> 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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