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

[Jorge Paez]

Hmmm.
Two quick questions though.
1. the checkout counters, do they still exist in the airport?
I mean--not that I'm defending United Airways or anything,
but trying to figure out why we got thrown out.
And secondly: as far as the acts,
shouldn't we sue the US department of transportation since the airports are technically on federal property?
I mean--yes its US's terminal but they don't have any control over the checkin mechanisms do they?


On May 24, 2011, at 3:58 PM, Chris Nusbaum wrote:

> 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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> © 2011 Thomson Reuters
> 
> 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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