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

Tue May 24 15:55:10 UTC 2011

Actually Joseph, we have the founding fathers to thank.

Thanks, William

-----Original Message-----
From: nfb-talk-bounces at nfbnet.org [mailto:nfb-talk-bounces at nfbnet.org] On Behalf Of T. Joseph Carter
Sent: Tuesday, May 24, 2011 11:45 AM
To: NFB Talk Mailing List
Subject: Re: [nfb-talk] {Disarmed} Federal law preempts blind flyers' claims over airport kiosks

It’s Westlaw, so the only pertinent thing to report is the judge’s 
opinion: That federal law prohibits application of state law.  That’s 
all a lawyer (the intended audience) needs to know at some given 
point in the future when a similar issue comes up and the lawyer 
needs to find precedents one way or another.

The judge did not rule that the kiosks do not discriminate, nor that 
they do not violate anti-discrimination laws.  The judge ruled merely 
that California’s own version laws which have more teeth than the ADA 
cannot be applied, and that we have Congress to thank for it.

Joseph

On Mon, May 23, 2011 at 11:54:04PM -0700, Darian Smith 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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