[nfbmi-talk] Federal Court and Airlines Stiff the Blind

[Terry D. Eagle]

United Ducks Appeal Over Kiosks for the Blind

By MARIA DINZEO

SAN FRANCISCO (CN) - United Airlines need not face a class action over its
limited number of kiosks accessible to blind travelers at California
airports,

the Ninth Circuit ruled Tuesday.

     Issuing its decision 38 months after hearing

oral arguments,

the three-judge panel said federal statutes pre-empt the National Federation
for the Blind's claims for violation of California's Unruh Civil Rights Act.

     Such claims furthermore do not relate to a "service" provided by
United, as outlined by the Airline Deregulation Act, according to the
ruling.

     The National Federation of the Blind sued United Airlines back in
October 2010, joined by three individuals - Michael May, Michael Hingson and
Christina

Thomas.

     Rather than offering audio output or other blind-friendly alternatives,
United's machines operated exclusively by video and touch-screen navigation,

according to the complaint

     U.S. District Judge William Alsup dismissed the action, finding the
claims pre-empted by both the Airline Deregulation Act and the Air Carrier
Access

Act.

     Affirming on Tuesday, the Ninth Circuit pointed to its en banc opinion
in the 1998 case Charas v. Trans World Airlines, which determined that the
term

"service" in the Americans with Disabilities Act refers to the provision of
air transportation - such as "the prices, schedules, origins and
destinations

of the point-to-point transportation of passengers, cargo or mail," not
airline-provided amenities like drinks and luggage handling.

     Though the Federal Aviation Act contains a broad savings clause, it did
not result in a reversal today.

     "According to the federation, any state-law claims that fall outside
the scope of the ADA express preemption provision are necessarily preserved
by

the FAA's savings clause. Not so," Judge Marsha Berzon wrote for a
three-judge panel.

     Under the federation's interpretation, "a passenger could sue an
airline for violating any state standard of care not expressly preempted by
the ADA,

notwithstanding federal regulations covering in depth the particular field
at issue," Berzon noted.

     "The result would be chaotic."

     New Department of Transportations regulations on accessibility of
airport kiosks furthermore speak "directly to the concerns raised by the
federation's

suit," the ruling states.

     "Given its great detail and pervasive extent, the new regulation
preempts any state regulation of that same field," Berzon wrote.

Document

Source:

http://www.courthousenews.com/2016/01/19/united-ducks-appeal-over-kiosks-for
-the-blind.htm