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

Wed May 25 13:11:20 UTC 2011

>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)

-----------------------------------------------------------------
---------------

   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
Skype: The_Blind_Truth
Windows Live: Lightningrod2010 at live.com
Follow me on twitter: http://twitter.com/goldengateace

"The purpose of life is a life of purpose.

— Robert Byrne

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