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

Wed May 25 14:12:10 UTC 2011

But the ADA has that good old "Undo Burden" language which can always confuse the issue.

On Wed, 25 May 2011 08:11:20 -0500, Steven Johnson wrote:

>>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)

> 
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> © 2011 Thomson Reuters

>   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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>--
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>"The purpose of life is a life of purpose.

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