[nfb-talk] {Disarmed} Federal law preempts blind flyers' claimsover airport kiosks

Fri Jun 17 15:48:02 UTC 2011

Well, the real issue is that the law is stupid.  I can understand the reason 
for the Air Carrier Access Act but it shouldn't apply to airport kiosks. I 
can believe that it does, but it shouldn't. The airlines are just taking 
advantage of a legal loophole to discriminate against the blind.

This is a no-brainer technically.  Its the exact same technology that is 
used in ATM and voting machines.  Really, the airlines should be ashamed of 
themselves for fighting this. I'll bet they spent way more money on lawyers 
than they would have on making their kiosks accessible. In the end, I bet 
they have to spend the money on accessibility anyway. Their decision was 
both stupid and mean spirited.

So now we have to start working to get the law changed to specifically 
exclude airport kiosks from the Air Carrier Access Act. It will probably 
take a long time and take quite a bit of work. But it may not be too hard. 
The CCVA passed fairly easily. Well, there may be some people on this list 
saying, "Yeah, easy for you to say. You weren't involved in all the hard 
work that entailed." Well, yeah, I know. But still, it wasn't like it took 
20 years and snuck through with a one vote margin. I think Congress is 
pretty open to the idea of accessibility when its not too difficult 
technically.

Boy, sometimes capitalism sucks. I'm not saying there is anything better but 
sometimes capitalism just sucks.

----- Original Message ----- 
From: <ckrugman at sbcglobal.net>
To: "NFB Talk Mailing List" <nfb-talk at nfbnet.org>
Sent: Thursday, June 16, 2011 3:26 PM
Subject: Re: [nfb-talk] {Disarmed} Federal law preempts blind flyers' 
claimsover airport kiosks

the article here in question is an abstract of a court decision and merely
states what was decided. As this was taken from a legal publication it is
merely presenting the facts and not making judgments or editoralizing.
Chuck
----- Original Message ----- 
From: "Darian Smith" <dsmithnfb at gmail.com>
To: "NFB Talk Mailing List" <nfb-talk at nfbnet.org>
Sent: Monday, May 23, 2011 11:53 PM
Subject: Re: [nfb-talk] {Disarmed} Federal law preempts blind flyers' claims
over airport kiosks

Oftly one-sided article, huh?

On 5/23/11, Sherri <flmom2006 at gmail.com> wrote:
> 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.
> © 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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-- 
Darian Smith
Skype: The_Blind_Truth
Windows Live: Lightningrod2010 at live.com
Follow me on twitter: http://twitter.com/goldengateace

"The purpose of life is a life of purpose.

— Robert Byrne

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