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

Wed May 25 23:28:55 UTC 2011

Exactly my point--and I think that's why our argument  got thrown out by US AIRWAYS.

On May 25, 2011, at 5:45 PM, Mike Freeman wrote:

> Let's be clear: we would like such access; we don'ttruly need it most of the time.
> 
> Mike Freeman
> sent from my iPhone
> 
> 
> On May 25, 2011, at 13:05, Chris Nusbaum <dotkid.nusbaum at gmail.com> 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)
>> 
>> 
>> 
>> -----------------------------------------------------------------
>> ---------------
>> 
>> Register or log in to comment.
>> C 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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>> 
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