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

Wed May 25 20:46:54 UTC 2011

That is exactly as I expected: The standard that must be applied 
according to the California judge is the ADA, and it must be applied 
in federal court.

An argument to the contrary is, in essence, an argument for original 
intent and that Congress has exceeded the Commerce Clause.  Since the 
courts have long ruled that the Commerce Clause permits the federal 
government to do anything and everything imaginable, I’m really not 
terribly surprised by the California ruling.

Next stop, federal court.

Joseph

On Wed, May 25, 2011 at 08:11:20AM -0500, Steven Johnson wrote:
>>From the revised ACA, effective date, May 13, 2009:
>
>14 C.F.R. § 382.51 What requirements must carriers meet concerning the
>accessibility of airport facilities?
>
>(a) As a carrier, you must comply with the following requirements with
>respect to all terminal facilities you own, lease, or control at a U.S.
>airport:
>
>(1) You must ensure that terminal facilities providing access to air
>transportation are readily accessible to and usable by individuals with
>disabilities, including individuals who use wheelchairs. You are deemed to
>comply with this obligation if the facilities meet requirements applying to
>places of public accommodation under Department of Justice (DOJ) regulations
>implementing Title III of the Americans with Disabilities Act (ADA).
>
>
>
>-----Original Message-----
>From: nfb-talk-bounces at nfbnet.org [mailto:nfb-talk-bounces at nfbnet.org] On
>Behalf Of Michael Hingson
>Sent: Tuesday, May 24, 2011 3:26 PM
>To: 'NFB Talk Mailing List'
>Subject: Re: [nfb-talk] [NFB-talk] {Disarmed} Federal law preempts blind
>flyers' claims over airport kiosks
>
>Well,
>
>The fact is that the ACAA does regulate all aspects of air travel including
>accessibility of airlines and their operations.  The rules are vague on
>exactly how kiosks and accessibility are to work.  The main issue here is
>that DOT is not willing to promulgate rules saying kiosks must be fully
>accessible.
>
>I disagree with the judge's ruling, but he may be correct in saying that the
>ACAA trumps California legislation regarding this issue.
>
>
>The Michael Hingson Group, INC.
>     “Speaking with Vision”
>                 Michael Hingson, President
>                         (415) 827-4084
>                   info at michaelhingson.com
>                   www.michaelhingson.com
>
>
>for info on the new KNFB Reader Mobile, visit:
>http://knfbreader.michaelhingson.com
>
>
>
>
>-----Original Message-----
>From: nfb-talk-bounces at nfbnet.org [mailto:nfb-talk-bounces at nfbnet.org] On
>Behalf Of Chris Nusbaum
>Sent: Tuesday, May 24, 2011 12:58 PM
>To: NFB Talk Mailing List
>Subject: Re: [nfb-talk] {Disarmed} Federal law preempts blind flyers'
>claimsover airport kiosks
>
>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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>
>   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
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