[blindlaw] ADA and Air Travel / Canes

Sat Dec 5 20:11:45 UTC 2009

Anyone happen to have a contact number I can use for requesting assistance within the airport from American Airlines/American Eagle? I have been searchign and can not seem to finda  number. There sight says I can request assistance when checking in the day of trvel, but I would like to set it up in advance  if possible and I want to check in online so wouldnt have to wait in the long lines at the counter.

> From: jimi-law at dc.rr.com
> To: blindlaw at nfbnet.org
> Date: Sat, 5 Dec 2009 09:31:23 -0800
> Subject: Re: [blindlaw] ADA and Air Travel / Canes
> 
> Can you provide me a citation so I can check it out? 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. 
> 
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Patti Gregory-Chang
> Sent: Saturday, December 05, 2009 5:46 AM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] ADA and Air Travel / Canes
> 
> There is a subsection e in the regs that allows us to keep our canes as long
> 
> as they are by the window.
> 
> P.S. National Federation of the Blind of Illinois is now on twitter at 
> www.twitter.com/nfbi.
> We also have a facebook page. Just search for our full name.
> 
> Patti Gregory-Chang
> President, National Federation of the Blind of Illinois
> pattichang at att.net
> www.nfbofillinois.org
> ----- Original Message ----- 
> From: <AZNOR99 at aol.com>
> To: <blindlaw at nfbnet.org>
> Sent: Friday, December 04, 2009 5:19 PM
> Subject: Re: [blindlaw] ADA and Air Travel / Canes
> 
> 
> > I'm not sure. DHS doesn't have jurisdiction over what happens on the
> > planes themselves - that's Department of Transportation, so Craig might 
> > know.
> > However, I know there are regs that prohibit loose items from being
> > permitted to remain loose during take-off and landing. That's usually how
> 
> > the air
> > carriers get us to give up our canes. I lay my cane along the fusalage 
> > as
> > well, Millie, and no one has ever said a word about that either.
> >
> >
> >
> > In a message dated 12/4/2009 9:34:40 A.M. Eastern Standard Time,
> > mildredrivera at yahoo.com writes:
> >
> > 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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> >> wfi
> >>> rm.com
> >>>
> >>>
> >>>
> >>>
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> >> no.com
> >>>
> >>
> >> ____________________________________________________________
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> >
> >
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> >
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> 
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