Scroll down for link to Detroit Times article.

Airline travel is especially difficult for pwds (people with 
disabilities.) Airline staff is routinely rude and hostile to disability 
access (one exception in my experience was Frontier Airlines, where 
service and accommodation went well beyond anything required by law or 
even human decency-- on one flight the pilot made sure my chair was 
secure in cargo, and upon arrival, brought the chair up to the cabin, 
himself.) But on one flight, United broke both my walker and my 
wheelchair. I noticed problems with the chair, right away, and reported 
them, but didn't notice problems with the walker until I got home, since 
I was using the wheelchair. United staff was impossible to reach, and we 
spent much of the next week attempting to get some resolution to a 
drastic loss in ambulatory, medical equipment. Finally, they did agree 
to replace both items, but not without the outrageous "you'll have to 
bring them in for inspection.”
"Are you listening to yourself?" I asked. “Your people broke my 
wheelchair and walker. How do you suggest I bring them in?”
On another flight "we lost your wheelchair, please stand up and come 
with me." The wheelchair did not make the connecting flight, and no one 
contacted LAX to alert them. Locating the wheelchair took several hours, 
and special delivery to my home, did not include sending enough staff to 
actually get the wheelchair out of the van and to my front door. " I 
have your wheelchair outside, will you please come out and get it."
(for the full story, go to 
http://inbedwithfridakahlo.wordpress.com/2007/05/07/%e2%80%9cwe-can%e2%80%99t-find-your-wheelchair-would-you-please-stand-up-and-come-with-me%e2%80%9d/
On yet another flight, with Jet Blue, I was hideously ridiculed by 
flight attendants, when I asked for assistance to the onflight restroom 
and somewhere to sit while waiting; each flight has an aisle width 
wheelchair for this purpose, but they refused to get it, insisting that 
I didn't look disabled and threatening me if I "didn't behave myself." 
Their behavior was so bad, that two other travelers, we didn't know, 
came up to us and offered to be witnesses. We filed a complaint, but 
never heard back, and with everything happening in our lives, didn't 
follow up. --so many indignities, so little time!!!
Airports, because there are so many wheels needed for transporting 
luggage, are relatively easy to get around by wheelchair, though we’ve 
experienced revolving doors, and other passageways that are not 
accessible, and with no signage, at the starting point, had to return to 
the gate and go around much of the airport to get to baggage. No one 
offered to help us, to find a more direct route or even to apologize for 
the inconvenience.
I find airline security to be extremely problematic, as they insist, if 
you are traveling in your own wheelchair (imagine that!) on separating 
you from your luggage; while your luggage goes through the x-ray 
machines, you, in a wheelchair must go to a different location to be 
frisked, and the wheelchair checked. There has to be a way to search the 
person and the possessions together, but we haven’t found an airport 
that provides for this. I always protest, and on one occasion, they did 
search my items and then took me and my items to the station where they 
searched me and my wheelchair. Usually they insist that I leave my 
things with Andy, assuming that I have no privacy issues with the person 
with whom I am traveling (suppose this were a co-worker, boss, etc. on a 
business trip, an abusive spouse, or any of a number of scenarios in 
which I might not want someone else to be in control of my possessions 
or to have my possessions out of my sight.)

The hostile indifference of airline staff is considerable. So it is with 
enthusiasm, as I have yet to travel by air without at least one 
indignity due to disability discrimination, that I read, and pass on 
this link to a judicial ruling, long overdue, obliging airlines to 
adhere to the ADA or face litigation.

Emma Rosenthal

http://www.detnews.com/apps/pbcs.dll/article?AID=2008809030438
Federal judge: Airports, airlines subject to ADA rules
Paul Egan / The Detroit News

http://www.detnews.com/apps/pbcs.dll/article?AID=2008809030438

  Federal judge: Airports, airlines subject to ADA rules


        Paul Egan / The Detroit News

*DETROIT* -- The Americans with Disabilities Act applies to airports and 
to airlines such as Northwest, a federal judge in Detroit has ruled.

U.S. District Judge George Caram Steeh on Tuesday denied a motion by 
Northwest Airlines to dismiss a lawsuit brought by five Detroit area 
residents with physical disabilities. That means the lawsuit, filed in 
April by Farmington Hills attorney Richard Bernstein, can continue.

The plaintiffs allege Northwest fails to provide them adequate 
assistance in the airport and on the plane, causing problems such as 
missed flights and damaged wheelchairs.

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Northwest, in a motion to dismiss the lawsuit, argued the Americans with 
Disabilities Act does not apply to services at airports.

But Steeh ruled otherwise and said in a 13-page opinion that to conclude 
the ADA did not apply to airports "would leave the door open for acts of 
discrimination that could not be remedied."

Bernstein said Steeh's ruling has major ramifications for domestic and 
international air travel.

"This is really a monumental case, and I don't say that often," 
Bernstein said Wednesday.

Some courts had earlier ruled the ADA did not apply to airports because 
aircraft are excluded from the definition of "specified public 
transportation" under the act.

Disabled travelers have had to rely on the Air Carrier Access Act, 
Bernstein said. But under that act, they have not been permitted to 
bring private claims and have had to rely on the federal government for 
enforcement, he said.

Steeh dismissed claims the Detroit area plaintiffs made under the Air 
Carrier Access Act.

Kristin Baur, a spokeswoman for Northwest Airlines, said Northwest "is 
currently reviewing the ruling and evaluating its options regarding 
future actions."

Northwest "remains committed to providing accessible air travel for all 
of its customers," she said.

The Wayne County Airport Authority, which earlier had an Air Carrier 
Access Act claim against it dismissed through an agreement with the 
plaintiffs, was not a party to the motion to dismiss.

/You can reach Paul Egan at (313) 222-2069 or [EMAIL PROTECTED] 
<mailto:[EMAIL PROTECTED]>./


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-- 

emma rosenthal is an artist, writer, educator, reiki practitioner, 
activist and consultant, living in southern California. as a person with 
a disability she is confined, not by her disability, but by the narrow 
and marginalizing attitudes of the society at large.

In Bed With Frida Kahlo: Daily indignities, small insurrections and 
honest musings from a life of infirmity and rebellion

http://inbedwithfridakahlo.wordpress.com/

Emma's Room: A blog of political essays, letters and news.

http://emmarosenthal.wordpress.com/

Cafe Intifada: Uniting Art with Critical Consciousness

http://cafeintifada.wordpress.com/

-plan for your future. support disability righst now! -emma



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