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

Wed May 25 23:19:47 UTC 2011

Chris:
Good point.
So,
should we rather sue the transportation department instead of the airlines?

On May 25, 2011, at 4:05 PM, Chris Nusbaum wrote:

> Yes, but that's hopefully a temporary fix.  We're trying to get * independent access to the kiosks, just like sighted people.  If there's a big line at the manned counter, a sighted person has the option of going over to the kiosk and checking in just as easily.  We need that same access!
> 
> Chris
> 
> "A loss of sight, never a loss of vision!" (Camp Abilities motto)
> 
> --- Sent from my BrailleNote
> 
> ----- Original Message -----
> From: "Brian Miller" <brian-r-miller at uiowa.edu
> To: "'Blind Talk Mailing List'" <blindtlk at nfbnet.org>,"'NABS list'" <nabs-l at nfbnet.org>, "'NFBMD list'" <nfbmd at nfbnet.org
> Date sent: Tue, 24 May 2011 16:33:37 -0400
> Subject: Re: [Blindtlk] [nfb-talk] {Disarmed} Federal law preempts blindflyers'claims over airport kiosks
> 
> I agree that this is a set-back, and I do hope we continue to press the
> issue.  However, I have to confess that as annoying as these kiosks are,
> their presence has yet to keep me off a plane or prevent me from checking
> in.  I just insist on getting assistance from a human being and I always get
> it.  It's when we can't check in at all, or when there are no longer any
> human beings at the counter at all that we are in trouble.  Another scenario
> could be that checking in at kiosks earns passengers special privileges,
> such as better selection of seating, or discounted baggage fess.  I don't
> believe this is the case yet, but I wouldn't be surprised if it is on the
> horizon.  When that day comes, we are in real trouble, and I believe we will
> have an even stronger case of discrimination to make.
> 
> I think also it has to be noted that it appears this judge didn't rule on
> the merits of the case, or whether or not there was a violation of state law
> -- just that state law didn't apply in this case due to the overriding
> precedence of the Air Carrier Act.  In other words, if I understand this
> correctly, the court in California wasn't saying we didn't have standing at
> all, just that we didn't have standing in that court -- or at the state
> level, and that we need to address the issue at the federal level.
> 
> Brian Miller
> 
> 
> -----Original Message-----
> From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
> Behalf Of Chris Nusbaum
> Sent: Tuesday, May 24, 2011 3:58 PM
> To: NABS list; Blind Talk list; NFBMD list
> Subject: [Blindtlk] [nfb-talk] {Disarmed} Federal law preempts blind
> flyers'claims over airport kiosks
> 
> 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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