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

Wm. Ritchhart william.ritchhart at sbcglobal.net
Sat May 28 10:45:09 UTC 2011


Dave,

You are generally correct.  However if the Federal courts decide the state
law violates Federal law and/or the Constitution they will nullify the state
law.  The truly bazaar thing is that where ADA and some labor laws are
concerned, the U.S. Supreme Court has performed that nullification where
state law was more protective than Federal.  Often it requires time or
strengthening of the Federal law to accomplish the ultimate goal in
expanding protections.  Hope the Federal judges will retire and more
sensible judges will get appointed.  Or open the Pandora's box of trying to
strengthen the ADA.  The tea party types would love to kill it completely.

Thanks, William

-----Original Message-----
From: nfb-talk-bounces at nfbnet.org [mailto:nfb-talk-bounces at nfbnet.org] On
Behalf Of David Evans
Sent: Wednesday, May 25, 2011 9:37 PM
To: blinddog3 at charter.net; NFB Talk Mailing List; info at michaelhingson.com
Subject: Re: [nfb-talk] [NFB-talk] {Disarmed} Federal law preemptsblind
flyers' claims over airport kiosks


Dear All,

I believe that if State law is written in a way, that exceeds the ADA, so 
there is more access than the ADA calls for, then the State Law is the one 
that is followed.
The ADA sets lower limits, below which access can not fall.
Florida has some laws that exceed the ADA and those are the ones that are 
followed here.
The ADA is about minimums and a local government can exceed the ADA.
My understanding of the air carriers safety act seems to be aimed at the 
airplanes themselves and exempts them from compliance, but I am not sure 
that the terminal is exempted, otherwise, why are there wheelchair 
accessible restrooms and ramps and such present in all terminals, which is 
where the ticket vending machines are located.
They , by practice, comply with the ADA in providing access to the Disabled,

but not in this?
I think that we should make this an issue and drive it home to them where it

hurts.

David Evans, NFBF an Gd Jack.
----- Original Message ----- 
From: "Steven Johnson" <blinddog3 at charter.net>
To: <info at michaelhingson.com>; "'NFB Talk Mailing List'" 
<nfb-talk at nfbnet.org>
Sent: Wednesday, May 25, 2011 9:11 AM
Subject: Re: [nfb-talk] [NFB-talk] {Disarmed} Federal law preemptsblind 
flyers' claims over airport kiosks


>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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   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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