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

[Sherri]

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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