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

[Mike Freeman]

These criticisms aren't merited.

Mike Freeman
sent from my iPhone


On May 24, 2011, at 12:58, Chris Nusbaum <dotkid.nusbaum at gmail.com> wrote:

> Yeah, and awfully one-sided judge!
> 
> Chris
> 
> "A loss of sight, never a loss of vision!" (Camp Abilities motto)
> 
> --- Sent from my BrailleNote
> 
> ----- Original Message -----
> From: Darian Smith <dsmithnfb at gmail.com
> To: NFB Talk Mailing List <nfb-talk at nfbnet.org
> Date sent: Mon, 23 May 2011 23:53:01 -0700
> Subject: Re: [nfb-talk] {Disarmed} Federal law preempts blind flyers' claimsover 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)
> 
> 
> 
> -----------------------------------------------------------------
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> © 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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