[blindlaw] ADA and Air Travel / Canes

Fri Dec 4 16:59:23 UTC 2009

Maybe we should form a consulting firm and offer disability training to all 
airlines.
----- Original Message ----- 
From: "James Weisberg" <jimi-law at dc.rr.com>
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Friday, December 04, 2009 6:36 AM
Subject: Re: [blindlaw] ADA and Air Travel / Canes

I use a folding cane, which none of the airline personnel would have reason
to know, and have NEVER had that issue with a fair amount of air travel.  I
take my folding cane after taking my seat and place it in the magazine
compartment in front of me on the seat back (cane = no dog as dog is far
superior!  Fact!!)  Perhaps you don't resemble a dirt bag like myself which
may account for your additional obstacles?  :-)

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 Millie Rivera-Rau
Sent: Thursday, December 03, 2009 7:19 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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