[nabs-l] [nfb-talk] {Disarmed} Federal law preempts blind flyers' claims over airport kiosks

[Chris Nusbaum]

And back to court we go...  just to be dismissed! Hope they 
appeal!

 Chris

"A loss of sight, never a loss of vision!" (Camp Abilities motto)

--- Sent from my BrailleNote

 ---- Original Message ------
From: "Sherri" <flmom2006 at gmail.com
Subject: [nfb-talk] {Disarmed} Federal law preempts blind flyers' 
claims over airport kiosks
Date sent: Tue, 24 May 2011 02:22:38 -0400

I'm sure we'll think of some other way to solve this problem.

Sherri


Westlaw Journal Aviation
Federal law preempts blind flyers' claims over airport kiosks
5/23/2011 COMMENTS (0)


May 23 (Westlaw Journals) - Federal law preempts a class action 
brought by
the National Federation of the Blind and several visually 
impaired people
over the accessibility of airport ticketing kiosks, a California 
federal
judge has ruled.

U.S.  District Judge William Alsup of the Northern District of 
California
dismissed the NFB's lawsuit, finding the claims preempted by the 
Air Carrier
Access Act and the Airline Deregulation Act.

The NFB and other plaintiffs alleged United Airlines violates 
California
disability law by failing to make airport ticketing kiosks 
accessible to the
blind.

According to the complaint, the kiosks employ a visual computer 
screen with
prompts and touch-screen navigation but do not offer an audio 
output or
other medium to make the kiosks accessible to the blind.

The plaintiffs brought their class action on behalf of all 
legally blind
people in the United States who have flown on United from a 
California
airport and have been unable to use the airline's kiosks.

United moved for dismissal, arguing that the Airline Deregulation 
Act and
the Air Carrier Access Act preempt the plaintiffs' claims.

Judge Alsup agreed.

The claims are field-preempted under the ACAA because the 
Department of
Transportation pervasively regulates airport kiosk accessibility, 
he said.

In addition, the Airline Deregulation Act expressly preempts the 
claims
because they defendants provide an airline "service" as defined 
in the
statute.

Finally, the judge rejected the plaintiffs' argument that the 
Airline
Deregulation Act was meant to target airline deregulation rather 
than
discrimination.

"The Airline Deregulation Act unequivocally declares that no 
state may enact
a law related to airline service," the Judge Alsup said.  
"Congress could
have drawn the preemption provision more narrowly.  It did not."

National Federation of the Blind et al.  v.  United Airlines 
Inc., No.  C
10-04816 WHA, 2011 WL 1544524 (N.D.  Cal.  Apr.  25, 2011).

(Reporting by Jennifer Long, Westlaw Journal Aviation)



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  a..  Co
Have you visited my personal page at
http://www.raceforindependence.org/goto/Sherri.Brun
If so, Thank you for changing what it means to be blind.
If not, please go there now!
Thank you.
flmom2006 at gmail.com
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