[nfbmi-talk] It looks Like We Won!

[Fred Wurtzel]

Hello Terry,

Well, if one reads the Judge's conclusion, she clearly says that the 2
additional stops are for everyone.  This is not spin to me.  It is illegal
to segregate services for persons with disabilities and the judge agreed
when she said  that anyone can use the stops.  

I guess this is why we have courts, so things like this may be resolved.  I
see the judge standing behind integration rather than segregation.  This is
all we wanted after the airport gave into our demands for an accessible stop
and did provide 2 stops that are very good and very accessible.  The only
problem was that the airport wanted to segregate them.  The judge said they
are for everyone, so we now have integrated accessible stops as we wanted
all along.

Had we not gone to the public in force with lots of federationists and our
friends, this would still be an inaccessible stop in the far reaches of the
Ground Transportation Center.  Now we have 2 very nice accessible stops
within a few steps of the doors just like we originally had at International
Arrivals in the first place.

Personally, I am proud of our organization and how our members showed up to
speak truth to power and create positive change.

Warmest Regards,

Fred

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Terry
D. Eagle via nfbmi-talk
Sent: Saturday, April 02, 2016 9:36 PM
To: 'NFB of Michigan Internet Mailing List'
Cc: Terry D. Eagle
Subject: Re: [nfbmi-talk] It looks Like We Won!

It sounds from reading between the few lines that the judge threw out the
case on a summary judgment motion by the defendants, when she wrote, [quote]
"In conclusion . . . Plaintiffs are not likely to prevail on a claim that
Defendants violate the ADA and the Rehabilitation Act by providing New Stops
as configured in the Regulations."
[unquote] That is absolutely no legal victory no matter how one spins it!
The airport can go ahead and do anything they desire.  It appears the
airport authority won.

-----Original Message-----
From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Fred
Wurtzel via nfbmi-talk
Sent: Saturday, April 02, 2016 2:15 PM
To: NFB of Michigan Internet Mailing List <nfbmi-talk at nfbnet.org>
Cc: Fred Wurtzel <f.wurtzel at att.net>; ''Koroma Osman''
<ozzie0514 at gmail.com>; 'JOHN SCOTT' <jcscot at sbcglobal.net>
Subject: [nfbmi-talk] It looks Like We Won!

Hello,

 

In a confusing ruling, the federal judge wrote the following in her
conclusion.

 

"In conclusion, the New Stops under the Regulations are additional, not

segregated, accommodations that the WCAA is now making available to all
passengers,

including the disabled, who use ground transportation services. Plaintiffs
are not likely

to prevail on a claim that Defendants violate the ADA and the Rehabilitation
Act by

providing New Stops as configured in the Regulations."

 

This is exactly what we wanted.    The stops are for everyone.   The bus
stops are integrated, that is, anyone wishing to use the stop is permitted.
Our only objection to this plan was that it was only for persons with
disabilities.  Clearly the judge ruled that the stops are for everyone.
These stops are quite comparable to the International arrivals and are
acceptable as we saw them last December during our tour.

 

There still may be obstacles, as we all know about the legal system, but,
for the moment, it looks like we have what we wanted and the airport will
not set any national precedents for segregating services for persons with
disabilities.  I am certain the airport will not like this, so stand by for
some kind of tantrum from them.

 

Please let everyone know our appreciation for all they have done to help us.

 

Warmest Regards,

 

Fred

 

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