[blindlaw] ADA and Air Travel / Canes

Will May editor.nftb at gmail.com
Sat Dec 5 20:29:07 UTC 2009


Reservations at (800)433-7300 for Future Travel Disability Related
Services -American Air

On Sat, Dec 5, 2009 at 3:11 PM, Tim Shaw <timandvickie at hotmail.com> wrote:
>
> 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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>> >>>
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>> >>
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