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

Wed May 25 20:38:59 UTC 2011

Not rising to this obvious troll bait, sorry.

Joseph

On Tue, May 24, 2011 at 11:55:10AM -0400, Wm. Ritchhart wrote:
>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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