[blindlaw] ADA and Air Travel / Canes

Thu Dec 10 02:36:32 UTC 2009

   I strongly suggest that the training include international ships that 
travel inside the U.S. territory.  Holland America Cruise Lines could use 
some assistance in this venue.

Darlene Olsen
----- Original Message ----- 
From: "Steve P. Deeley" <stevep.deeley at insightbb.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, December 04, 2009 8:59 AM
Subject: Re: [blindlaw] ADA and Air Travel / Canes

> Maybe we should form a consulting firm and offer disability training to 
> all airlines.
> ----- Original Message ----- 
> From: "James Weisberg" <jimi-law at dc.rr.com>
> To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
> Sent: Friday, December 04, 2009 6:36 AM
> Subject: Re: [blindlaw] ADA and Air Travel / Canes
>
>
> I use a folding cane, which none of the airline personnel would have 
> reason
> to know, and have NEVER had that issue with a fair amount of air travel. 
> I
> take my folding cane after taking my seat and place it in the magazine
> compartment in front of me on the seat back (cane = no dog as dog is far
> superior!  Fact!!)  Perhaps you don't resemble a dirt bag like myself 
> which
> may account for your additional obstacles?  :-)
>
> James W. Weisberg, Esq.
>
> Law Office of J. William Weisberg
>
> 299 South Patencio Road #3
>
> Palm Springs, California  92262
>
> V:  916.425.1010
>
> F:  916.374.7667
>
> E-Mail:  jimi-law at dc.rr.com
>
> Admitted in Wisconsin
>
> Nationwide Practice Limited to Immigration Removal Defense & Civil Rights
> Advocacy for Children with Diabetes
>
> This message contains information which may be confidential and 
> privileged.
> Unless you are the addressee (or authorized to receive for the addressee),
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> Weisberg
> expects the recipient will independently evaluate this information in
> accordance with this disclaimer.
>
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf Of Millie Rivera-Rau
> Sent: Thursday, December 03, 2009 7:19 PM
> To: NFBnet Blind Law Mailing List
> Subject: Re: [blindlaw] ADA and Air Travel / Canes
>
> I have a question. Lately my long white cane has been taken from me after 
> I
> get on the plane. Sometimes I can convince the personnel that I should be
> permitted to keep it but other times I am not successful. Is there 
> something
> that I can site that would get through to them? Or, am I required to
> relinquish it? For some reason it has been a problem more in the last two
> years then ever before. I push it to a point just after making a scene.
> smile. The thing that really gets me is that they want to put it in an
> overhead bin and usually it falls out as soon as the bin is opened and 
> hits
> someone on the head! Then the other passengers realize I was right. Any
> thoughts.
>
> Millie
>
>
>
>
>
> --- On Wed, 12/2/09, AZNOR99 at aol.com <AZNOR99 at aol.com> wrote:
>
>
> From: AZNOR99 at aol.com <AZNOR99 at aol.com>
> Subject: Re: [blindlaw] ADA and Air Travel
> To: blindlaw at nfbnet.org
> Date: Wednesday, December 2, 2009, 12:24 PM
>
>
> Hello,
>
> This is an interesting subject. TSA is generally not responsible for
> providing a traveler with a guide as a passenger goes through screening.
> You
> can always request a Companion Pass from the airline for someone to
> accompany you; however, it is at the discretion of the airline as to
> whether or not
> they grant this request. Most do grant the Pass as long as you give them
> a valid reason, and most accept accompanying a minor or passenger with a
> disability or elderly individual as a valid reason. You can request a
> Companion Pass from the airline at the time of check-in if you bring
> someone with
> you to drop you off - you don't necessarily have to let the airline know
> in advance that you plan to do this. If you want someone to meet you at
> the
> gate when you arrive though, you'll need to let the airline know in
> advance. This is because you won't actually be with the person when they
> obtain
> the Companion Pass, so the airline can't verify that they know you or that
> you'd want them to pick you up. Companions are subject to the same
> screening and security measures as passengers - valid State or Federal ID,
> human
> and belonging scans, etc. TSA does not have jurisdiction over Companion
> Pass issuance - that is at the discretion of the airlines - they are
> subject
> to the regs of the FAA.
>
> You can ask for a Guide at the airport as well. Generally airlines prefer
> you do this in advance, but you can certainly choose to make such a
> request when you arrive at the airport or land at your destination. If you
> don't
> let them know you need someone in advance though, you might have to wait
> longer for someone to arrive, as airlines try to have staff waiting for
> passengers about whom they know. We've all seen the line of wheel chairs
> and
> uniformed staff waiting when we deplane? Well, they're each usually
> assigned to a particular person, and they usually know who that person is
> ahead of
> time. Airlines, and sometimes airports, are increasingly creating
> "Passenger Assistance Departments," and escorting passengers is one of
> their
> primary functions.
>
> There are some airports that utilize the airport police or other airport
> staff as escorts rather than airline personnel. Sometimes this is because
> it is incredibly difficult to credential staff for all areas of an 
> airport,
>
> which such staff need to possess. Sometimes it may be a small airport, and
>
> it would be more efficient to assign escort responsibilities to one person
> for all the airlines. Or there might be other reasons.
>
> However, TSOs - Transportation Security Officers) are trained in how to
> interact with disabled passengers. For example, if you place your cane on
> the conveyer belt, a TSO may offer to position you prior to entering the
> human
> scanner and reach out to hold your hands to guide you forward. Due to the
> nature of the scanning equipment, a passenger must not touch the scanning
> machine - it will not function properly if anything comes into contact 
> with
> it. Some of us have had the experience of bumping the machine and setting
> it off in the past.
>
> If you run your cane through the baggage scanner and ask for it back to
> take through the human scanner, you have to be very careful, once again, 
> not
>
> to tap the scanner walls with the cane - it will likely set the machine
> off.
> Also, if your cane has metal - many of us use metal tips - then it may
> cause the scanner to go off, necessitating the individual be referred to
> secondary screening or wanding.
>
> I've personally had the experience of placing my cane on the baggage
> scanning belt and walking toward the human scanner. I walked through the
> scanner very slowly and did not set it off. However, I was referred to
> secondary. I always ask why I'm being referred to Secondary (I'm in the
> business of
> wanting to know if I'm being discriminated against because of my religion,
> national origin, or disability). The answer I usually get (not always
> though, and I've got some funny stories about other times) is "it's
> random."
> I conveyed to the TSO that I could not move to the secondary screening 
> area
>
> until someone retrieved my cane from the conveyer belt. He got it for me
> and asked, "Oh, is the reason you moved so slowly through the scanner
> because you are blind?" I answered that it was, and he told me I was free
> to go.
> I insisted on going to Secondary, and he said, "Well you don't need to.
> Your behavior isn't suspicious. I just thought it was because I didn't 
> know
>
> you were being careful not to bump the machine since you couldn't see
> well." Part of their jobs as TSOs is to monitor suspicious behavior; part
> of my
> job is to convey the difference between suspicious behavior and cultural
> norms. Needless to say I insisted on going to Secondary because I wanted
> the chance to talk the issue through with the TSO. It was a teachable
> moment,
> and I think he really got there could be hundreds of reasons why someone
> might move slowly through a machine.
>
> But for those that have had really bad experiences at TSA or CBP
> checkpoints, there are a couple of different avenues you can take. If you
> believe
> you have been the subject of discrimination, you may file a CRCL (DHS
> Office
> for Civil Rights and Civil Liberties - and where I work) complaint. Go to
> _www.dhs.gov/civilliberties_ (http://www.dhs.gov/civilliberties) to
> download the form or send an email to _civil.liberties at dhs.gov_
> (mailto:civil.liberties at dhs.gov) explaining what happened. Please be sure
> to give as much
> detail as possible, including the date, airport name, terminal number, 
> time
>
> of day, the name of anyone you obtain, and a narrative explaining what
> happened. If you have a customer service issue - for example a TSO was
> rude
> or dismissive, you may ask for a supervisor, a comment card, or both. You
> can also contact your local field office after the fact to convey what
> happened.
>
> My message is substantially longer than I intended, and I apologize for 
> the
> length.
>
> Regards,
> Ronza
>
>
>
>
> In a message dated 12/2/2009 4:25:21 A.M. Eastern Standard Time,
> ckrugman at sbcglobal.net writes:
>
> I travel frequently alone and the air lines and/or HSA provide needed
> assistence upon my request. including through security check points and
> picking up baggage and assistence with procuring ground transportation or
> to
> a waiting party. I have found HSA and airport staff to be very
> cooperative.
> Chuck
> ----- Original Message ----- 
> From: "stiehm.law" <stiehm.law at juno.com>
> To: <blindlaw at nfbnet.org>
> Cc: <blindlaw at nfbnet.org>
> Sent: Tuesday, December 01, 2009 12:57 PM
> Subject: Re: [blindlaw] ADA and Air Travel
>
>
>> In addition to the airlines, I have recently become curious as to what if
>> any, accommodations for the TSA makes with respect to disabled people
>> going through security and being picked up by somebody at the gate at the
>> terminal at the other end of the flight. For example, do they permit a
>> blind person who is traveling alone to be accompanied through security,
>> down to the airline check-in counter at the gate by a non-ticketed
>> person.
>>
>> At the other end, is a non-ticketed person permitted through security to
>> go to the gate to meet a blind person flying alone?
>>
>> If TSA does not provide for such accommodations do the airlines take it
>> on themselves to provide this service?
>>
>> Has anybody had any experience in this regard? Is the accommodation, if
>> any, voluntary on the part of the TSA and/or the airlines or is it
>> governed by regulation?
>>
>> Patrick H. Stiehm
>> Stiehm Law Office
>> Alexandria, VA 22309
>> 703-360-1089 (Voice)
>> 703-935-8266 (Fax)
>>
>>
>>
>> Tue, 1 Dec 2009 11:30:37 -0800 "Russell J. Thomas, Jr."
>> <rthomas at rjtlawfirm.com> writes:
>>> Off the top of my head, and without any new research, the only case
>>> I
>>> remember is a case challenging the accessibility of airline websites
>>> with
>>> respect to attempting to make reservations and ordering tickets on
>>> line.
>>>
>>> I also think that there are regulations on the subject, especially
>>> dealing
>>> with how disabled passengers are to be treated (or perhaps on some
>>> occasions
>>> mistreated).
>>>
>>> I often thought it would be a good idea for the NFB to put together
>>> a short
>>> guide book concerning travel, including air travel, based upon
>>> experiences
>>> of NFB members, to be used as a reference guide for blind people who
>>> use air
>>> travel. Certainly things have changed since 911--some changes for
>>> the good,
>>> and others not so good.
>>>
>>>
>>>
>>>
>>> Respectfully,
>>>
>>>
>>>
>>> Russell J. Thomas, Jr.
>>>
>>> THOMAS & ASSOCIATES
>>>
>>> www.californiaemployersattorneys.com
>>>
>>>
>>>
>>> Orange County Office
>>>
>>> 4121 Westerly Place, Suite 101
>>>
>>> Newport Beach, California 92660
>>>
>>> T: (949) 752-0101
>>>
>>> F: (949) 257-4756
>>>
>>> M: (949) 466-7238
>>>
>>>
>>>
>>> Beverly Hills Office
>>>
>>> 9107 Wilshire Boulevard, Suite 450
>>>
>>> Beverly Hills, California 90210
>>>
>>> T: (310) 461-3561
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org
>>> [mailto:blindlaw-bounces at nfbnet.org] On
>>> Behalf Of James Weisberg
>>> Sent: Tuesday, December 01, 2009 10:01 AM
>>> To: 'NFBnet Blind Law Mailing List'
>>> Subject: [blindlaw] ADA and Air Travel
>>>
>>> Hi Folks:
>>>
>>>
>>>
>>> Anyone on the lists have experience or knowledge regarding the ADA
>>> and suits
>>> against air carriers for violations available for quick consult?
>>> Thanks.
>>>
>>>
>>>
>>> James W. Weisberg, Esq.
>>>
>>> Law Office of J. William Weisberg
>>>
>>> 299 South Patencio Road #3
>>>
>>> Palm Springs, California 92262
>>>
>>> V: 916.425.1010
>>>
>>> F: 916.374.7667
>>>
>>> E-Mail: jimi-law at dc.rr.com
>>>
>>> Admitted in Wisconsin
>>>
>>> Nationwide Practice Limited to Immigration Removal Defense & Civil
>>> Rights
>>> Advocacy for Children with Diabetes
>>>
>>> This message contains information which may be confidential and
>>> privileged.
>>> Unless you are the addressee (or authorized to receive for the
>>> addressee),
>>> you may not use, copy or disclose to anyone the message or any
>>> information
>>> contained in this message. If you have received this message in
>>> error,
>>> please advise the sender by reply e-mail and delete the message from
>>> your
>>> system.
>>>
>>> This exchange of information does not create an attorney-client
>>> relationship
>>> nor does it constitute legal advice. The Law Office of J. William
>>> Weisberg
>>> expects the recipient will independently evaluate this information
>>> in
>>> accordance with this disclaimer.
>>>
>>>
>>>
>>> _______________________________________________
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>>>
>>>
>>>
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