[nfbmi-talk] Fw: important ada retaliation lawusit indian trails v wca

David Robinson drob1946 at gmail.com
Thu Apr 30 16:45:53 UTC 2015


Since we are involved, we all should know about it.  Thanks Joe. 

Dave Robinson
----- Original Message ----- 
From: joe harcz Comcast 
To: David Robinson NFB MI 
Cc: terry Eagle ; Mark Eagle ; Larry Posont NFBMI Pres. ; Elmer Cerano MPAS ; MARK MCWILLIAMS MPAS ; Peter Berg ; DANIEL COOPER ; Robin Jones 
Sent: Thursday, April 30, 2015 11:29 AM
Subject: important ada retaliation lawusit indian trails v wca


 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MICHIGAN FLYER, LLC ) 

& INDIAN TRAILS, INC., ) 

) 

Plaintiffs, ) 

) 

v. ) 

) 

WAYNE COUNTY AIRPORT AUTHORITY, ) 

) 

Defendant. ) 

) 

_______________________________________________/ 

NYMAN TURKISH PC 

Jason M. Turkish (P76310) 

Melissa M. Nyman (293207) 

20700 Civic Center Drive, Suite 115 

Southfield, Michigan 48076 

Phone: (248) 284-2480 

Jason.Turkish at NymanTurkish.com 

Melissa.Nyman at NymanTurkish.com 

Attorneys for Plaintiffs 

____________________________________________________________________________/ 

COMPLAINT 

Plaintiffs, Michigan Flyer, LLC and Indian Trails, Inc. (“Plaintiffs”), hereby sue the Wayne 

County Airport Authority (“Defendant”), and state as follows: 

INTRODUCTION 

1. Plaintiffs bring this action to put an end to Defendant Wayne County Airport 

Authority’s corrupt and unlawful retaliatory conduct following Plaintiffs participation 

in support of persons with disabilities bringing claims of disability discrimination 

against the Defendant, for their relocation of public transportation services, from the 

International Arrivals Level of the McNamara Terminal, to the Ground Transportation 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 1 of 12 Pg ID 1

Center (“GTC”), at Detroit Metro Airport (“DTW”), in alleged violation of the 

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”) and 

Section 504 of the Rehabilitation Act. 

2. After participating and assisting Michael Harris and Karla Hudson in their lawsuit 

against the Defendant for violations of Title II and Title V of the Americans with 

Disabilities Act in the case of Harris et al v. Wayne County Airport Authority, 2:14-cv- 

13630 (E.D. Mich.), the Plaintiffs were immediately and severely retaliated against by 

the Defendant, in blatant violation of the anti-retaliation provisions of the ADA. 

3. In retaliating against the Plaintiffs, the Defendant systematically and relentlessly 

interfered, disrupted, and undermined their existing businesses as private companies 

providing public transportation at DTW, an airport operated by the Defendant. 

4. The retaliation in question occurred only after the Plaintiffs supported and participated 

in proceedings involving a lawsuit brought by their disabled ridership against the 

Defendant, and said retaliation is the direct result of their participation. 

5. Therefore, Plaintiffs seek declaratory relief stating the Defendant’s retaliatory conduct 

violates the ADA, and injunctive relief preventing Defendant from further retaliating 

against the Plaintiffs in their business operations at the Defendant’s Airport. 

Additionally, the Plaintiffs seek recovery of damages for the unlawful disruption of 

their businesses. 

JURISDICTION AND VENUE 

6. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, because 

Plaintiff’s claims arise under federal statutes, specifically the ADA. In addition, this 

Court has jurisdiction over Plaintiff’s claims for declaratory relief, pursuant to 28 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 2 of 12 Pg ID 2

U.S.C. §§ 2201-02, and jurisdiction over Plaintiff’s claims for injunctive relief pursuant 

to 15 U.S.C. § 1116. 

7. Venue is proper in the Eastern District of Michigan, Southern Division, because the 

Defendant is situated within the district pursuant to 28 U.S.C. § 1391, and because the 

events, acts, and omissions giving rise to Plaintiffs’ claims occurred in this district. 

PARTIES 

8. Plaintiff Michigan Flyer, LLC is a Michigan Limited Liability Company, organized 

under the laws of the State of Michigan, engaged in providing public transportation to 

the Defendant’s Airport. 

9. Plaintiff Indian Trails, Inc. is the parent company of Michigan Flyer, LLC, and is the 

private partner in the public-private partnership between the Ann Arbor Area 

Transportation Authority (“AAATA”), which contracts with Indian Trails, Inc. through 

its subsidiary Michigan Flyer, LLC to provide scheduled public bus service to the 

Defendant’s Airport. 

10. Plaintiffs have standing to bring the present cause of action. 

a. Plaintiffs are companies engaged in providing public transportation to 

Defendant’s Airport, and are subject to the requirements of the ADA to provide 

equal access to their services. 

b. In support of their legal obligation to provide accessible transportation to their 

customers, the Plaintiffs participated in proceedings brought by two disabled 

individuals against the Defendant for allegedly illegally relocating public 

transportation to an inaccessible location at Defendant’s Airport. 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 3 of 12 Pg ID 3

c. The Plaintiffs involvement in support of their disabled ridership included, but was 

not limited to: attending court proceedings, assisting in providing information to 

expert witnesses, assisting in providing information to counsel for the disabled 

riders, attending and participating in settlement discussions involving 

reconfiguration of the public transportation loading area in question, supporting 

the disabled riders in interviews and in a published press release, supporting the 

disabled riders in online newsletters and mass e-mails, providing financial support 

to sustain the litigation against the Defendant, and ultimately signing onto a 

release of liability in which the Plaintiffs accepted the disabled rider’s settlement 

with the Defendant as a resolution to the relocation of public transportation at the 

Airport, and agreed to not themselves bring suit for said relocation. 

d. At all times relevant to this action, the Defendant was aware of the Plaintiffs 

participation on behalf of the disabled riders, and once this participation began, 

the Defendant systematically and relentlessly retaliated against the Plaintiff’s 

businesses of providing public transportation to the Defendant’s Airport. 

11. Wayne County Airport Authority is a public, government entity within the meaning and 

definition of the ADA, as it was chartered by the Michigan Legislature in 2002. 

FACTUAL ALLEGATIONS 

12. Plaintiffs incorporate by reference all allegations set forth in paragraphs 1 through 11, 

inclusive. 

13. The Wayne County Airport Authority is the government chartered entity that oversees 

Detroit Metro Airport. 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 4 of 12 Pg ID 4

14. Plaintiffs are private companies engaged in providing public transportation to the 

Defendant’s Airport, and are legally required to provide access to persons with 

disabilities. 

15. On September 19, 2014, two individuals with disabilities, Michael Harris and Karla 

Hudson, sued the Defendant for violations of Titles II and V of the Americans with 

Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act, 

arguing, inter alia, that Defendant’s planned relocation of public transportation from 

curbside at the International Arrivals level of the McNamara Terminal to the distant 

south-end of the Ground Transportation Center across the street, violated the disabled 

riders federally protected rights to equal access as persons with disabilities. 

16. In providing material support to the disabled riders, and in participating in numerous 

aspects of the prior litigation, the Plaintiffs joined the Governor of Michigan, the State 

Transportation Commission Chair, the Director of the Michigan Department of 

Transportation, and ultimately the Attorney General of Michigan in voicing concern for 

the Airport’s blatant disregard and neglect to their most vulnerable customers. 

17. The Plaintiffs publicly and unequivocally supported the cause of their disabled 

ridership, vehemently and forcefully advocating for their position sought in the prior 

litigation. In turn, the Defendant publicly and unequivocally opposed both the 

individuals with disabilities suing them, as well as the current Plaintiffs for supporting 

their cause. 

18. Plaintiff’s support and participation in proceedings in the previous action included, but 

was not limited to: attending court proceedings, assisting in providing information to 

experts, assisting in providing information to counsel for the disabled riders, attending 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 5 of 12 Pg ID 5

and participating in settlement discussions involving reconfiguration of the public 

transportation loading area in question, supporting the disabled riders in interviews and 

in a published press release, supporting the disabled riders in online newsletters and 

mass e-mails, providing financial support to sustain the litigation against the Defendant, 

and ultimately signing onto a release of liability in which the Plaintiffs accepted the 

disabled rider’s settlement with the Defendant as a resolution to the relocation of public 

transportation at the airport, and agreed to not themselves bring suit for said relocation. 

19. Following the previous litigation, the Defendant chose to immediately and forcefully 

retaliate against the Plaintiffs for their role in supporting the cause of the disabled riders 

in their suit against the Defendant. The precise retaliatory acts include the following: 

a. Soon after the prior litigation ended, the Defendant reduced the Plaintiffs “dwell 

time,” which is the amount of time a bus may remain at the curb to safely load 

and unload passengers. Following the relocation of public transportation from 

International Arrivals to the GTC, which constituted a substantial increase in 

distance, the Defendant unreasonably decreased the Plaintiffs dwell time, by as 

much as eighty percent, thus preventing the safe and orderly loading and 

unloading of passengers, and unnecessarily causing passengers departing the 

Airport to miss their scheduled buses. 

b. Soon after the prior litigation ended, the Defendant needlessly and relentlessly 

began forcing arriving buses operated by the Plaintiffs to circle the Airport, at 

times denying them access even when empty spaces designated for such buses 

in the GTC were available, causing the buses to arrive after their scheduled 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 6 of 12 Pg ID 6

arrival times, and consequently causing the Plaintiff’s customers to unsafely 

rush to make their departing flights, or miss them entirely. 

c. Soon after the prior litigation ended, the Defendant began forcing buses 

operated by the Plaintiffs to depart minutes prior to their scheduled published 

departure times, forcing Plaintiff’s customers to wait extended periods of time, 

up to several hours, for another bus with available seats, because their reserved 

bus left too early, without them, at the direction of the Defendant. 

d. Soon after the prior litigation ended, the Defendant began prohibiting the 

Plaintiffs from unloading passengers at the Departures Level of the McNamara 

Terminal, an area designated by signage for “Motor Coach Unloading,” and 

previously used by the Plaintiffs as an alternate accessible location when a 

passenger with a disability was onboard and needed immediate curbside 

assistance upon arrival at the Airport. The Defendant went so far as to utilize its 

own private police force to prevent Plaintiff’s buses from reaching this area, and 

then immediately reprinted the existing signage to read “unscheduled charter 

buses only,” – an invented term in the transportation industry that has no 

recognized meaning and was crafted solely to exclude the Plaintiffs. 

e. Soon after the prior litigation ended, the Defendant began giving competitors of 

the Plaintiffs preferential access to closer drop-off and pick-up locations, 

including allowing competitors to operate in illegal no-parking zones, while 

denying the Plaintiffs similar access, even when they were transporting 

passengers with disabilities. 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 7 of 12 Pg ID 7

f. Soon after the prior litigation ended, the Defendant began stationing airport 

personnel, in a climate-controlled booth, in direct proximity to the drop-off and 

pick-up location for the Plaintiff’s operations, and began having said personnel 

interrogate bus passengers arriving at the Airport, questioning them about the 

route the Plaintiffs took to the Airport and what cities the bus had stopped in 

along the way. Such questioning has been unnerving to passengers, and has 

undermined the integrity and legitimacy of the Plaintiff’s business operations at 

the Defendant’s Airport. 

g. Soon after the prior litigation ended, the Defendant pursued frivolous 

misdemeanor criminal charges against Plaintiff Michigan Flyer, LLC for 

displaying signage they were contractually permitted to display. Additionally, 

the Defendant has temporarily, in their own words, decided to “stand down” on 

said prosecution, but has repeatedly threatened to once again employ the use of 

criminal process to coerce the Plaintiffs should they not act in the manner 

desired by the Defendant. 

h. Soon after the prior litigation ended, and subsequent to the Defendant pursuing 

frivolous misdemeanor charges, the Defendant compelled Plaintiff Michigan 

Flyer, LLC to file a “permit application” to display the signage they were 

already contractually permitted to display as part of the Settlement in the prior 

litigation. Defendant then selectively denied their permit, for among other 

things, their request to display a “blade sign,” which is an overhead sign that is 

able to be seen from a distance, and is the type of sign used extensively 

throughout the Airport, but yet inexplicably denied to the Plaintiffs. 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 8 of 12 Pg ID 8

i. And finally, soon after the litigation ended, and in writing, the Defendant 

retaliated against the Plaintiffs by suggesting that the Ann Arbor Area 

Transportation Authority, a public entity known by the Defendant to be a 

contractual partner with the Plaintiffs for their airport bus service, should 

contract with a different vendor rather than continue to do business with the 

Plaintiffs. 

20. In short, the Defendant has utilized its position as the Operator of the Detroit Metro 

Airport to act with animus towards the Plaintiffs in viciously and relentlessly retaliating 

against them for standing up for their disabled riders and opposing actions taken by the 

Defendant that were so outrageous they drew the criticism of the Governor, Attorney 

General, MDOT Director, State Transportation Commission Chair, and hundreds of 

disabled and non-disabled riders who wrote to the Defendant in protest of their 

degradation of access to public transportation. In retaliating against the Plaintiffs for 

supporting persons with disabilities, the defendant has once again run afoul of federal 

law, and is endangering the safety of all persons at the Airport by forcing unsafe 

practices for the operation of Plaintiff’s transportation businesses. 

COUNT I 

VIOLATION OF TITLE V OF THE ADA. 

21. Plaintiffs incorporate by reference all allegations set forth in paragraphs 1 through 20, 

inclusive. 

22. In enacting the ADA, Congress expressly determined that society tends to isolate and 

segregate people with disabilities; that individuals with disabilities continually 

encounter prejudice and discrimination, including outright exclusion and the failure to 

eliminate exclusionary criteria; that this nation should assure equality of opportunity for 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 9 of 12 Pg ID 9

all participation, independent living, and economic self-sufficiency to individuals with 

disabilities; and that continuing discrimination impedes them from competing on an 

equal basis and pursuing opportunities available to other citizens. 42 U.S.C. § 

12101(a). 

23. The express purpose of the ADA is “to provide a clear and comprehensive national 

mandate for eliminating discrimination against individuals with disabilities; to provide 

clear, strong, consistent, enforceable standards addressing discrimination against 

individuals with disabilities; and to ensure that the federal government plays a central 

role in enforcing the standards established in the Act on behalf of individuals with 

disabilities.” 42 U.S.C. § 12101(b). 

24. Responding to the enormity of the task before the United States in “eliminating 

discrimination against individuals with disabilities,” Congress made certain to offer 

statutory protections not just for the disabled themselves, but also for those who would 

support the cause of ensuring equal access to the disabled, providing them legal 

protections when faced with retaliation. 

25. Title V of the Americans with Disabilities Act states, in pertinent part, under the 

heading of “Retaliation,” that “[n]o person shall discriminate against any individual 

because such individual has opposed any act or practice made unlawful by this 

chapter or because such individual made a charge, testified, assisted, or 

participated in any manner in an investigation, proceeding, or hearing under this 

chapter.” 42 U.S.C. 12203(a). (Emphasis added). 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 10 of 12 Pg ID 10

26. Through the actions alleged herein, the Defendants have unlawfully retaliated against 

Plaintiffs for “assisting” and “participating” in an earlier proceeding brought by persons 

with disabilities under Titles II and V of the Americans with Disabilities Act. 

27. The Plaintiffs, as Congress so intended, rose in support of their customer’s deprivation 

of rights afforded to them under the ADA, seeking to advance the stated intent of the 

law in “eliminating discrimination against individuals with disabilities,” and in doing 

so, they are afforded protections and remedies against the Defendant’s retaliatory and 

unlawful response. 

28. As a direct and proximate result of the Defendant’s prior and current retaliation, the 

Plaintiff’s business operations have been severely undermined and damaged. Damages 

to the Plaintiff’s businesses include, but are not limited to, customers refusing to ride 

the Plaintiff’s service due to the mistreatment by the Defendant, damage to their 

business image of providing efficient and comfortable public transportation, an inability 

to reasonably operate their businesses at the Airport, as well as frequent unnecessary 

operational disruptions, the need to give refunds to customers who were disgruntled by 

actions taken by the Defendant against Plaintiffs, increased expenses in labor costs to 

cope with the demands of operating a bus service in such a hostile environment, and 

expected future consequences to the long-term viability of what have been successful 

businesses, but are now seeing diminished growth. 

29. Without declaratory and injunctive relief, Plaintiff’s businesses will continue to be 

irreparably harmed by the retaliation brought on by the Defendant. 

WHEREFORE, Plaintiffs request the relief set forth below. 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 11 of 12 Pg ID 11

PRAYER FOR RELIEF 

Plaintiffs pray for the following relief: 

30. A declaration that Defendant Wayne County Airport Authority has unlawfully 

retaliated against the Plaintiffs in violation of the Americans with Disabilities Act. 

31. A permanent injunction preventing Defendant from further retaliating against the 

Plaintiffs. 

32. All monetary damages consistent with those provided in the Americans with 

Disabilities Act for the victims of retaliation under Title V, as will be proven at trial. 

33. Reasonable Attorney’s fees and costs for the prosecution of this matter. 

34. All other relief that this Court deems just and proper. 

Respectfully submitted, 

NYMAN TURKISH PC 

/s/ Jason M. Turkish 

By: Jason M. Turkish, Michigan Bar #P76310 

20700 Civic Center Drive, Suite 115 

Southfield, Michigan 48076 

Phone: (248) 284-2480 

Fax: (248) 262-5024 

Jason.Turkish at NymanTurkish.com 

Lead Counsel for Plaintiffs 

By: Melissa M. Nyman, California Bar #293207 

5800 Stanford Ranch Road, Suite 720 

Rocklin, California 95765 

Phone: (916) 218-4340 

Fax: (916) 218-4341 

Melissa.Nyman at NymanTurkish.com 

Dated: April 27, 2015 Co-Counsel for Plaintiffs 

2:15-cv-11512-GAD-MJH Doc # 1 Filed 04/27/15 Pg 12 of 12 Pg ID 12



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