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

[Mike Freeman]

It just reported the decision. There was no obligation to do more.

Mike Freeman
sent from my iPhone


On May 23, 2011, at 23:54, Darian Smith <dsmithnfb at gmail.com> wrote:

> Thank you for  sharing the link.  I wasn't refering to  you sharing
> the article, I was refering to  what seems to be the one-sided nature
> of the information given in the article.
> 
> On 5/23/11, Darian Smith <dsmithnfb at gmail.com> wrote:
>> 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
>> 
> 
> 
> -- 
> 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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