Disabled Group Sues Airport

Macomb Daily

Roseville man sues airline, seeks improvements for travelers

By Jameson Cook, Macomb Daily Staff Writer
May 18, 2008

A Roseville man is a plaintiff in a lawsuit against a major airline and the authority that operates Detroit Metropolitan Airport that his lawyer says could have nationwide ramifications.

Martin Drouillard, 61, is one of five disabled people who in April sued Northwest Airlines Inc. and the Wayne County Airport Authority in federal court in Detroit, claiming both entities have violated the Americans with Disabilities Act and other laws requiring them to provide adequate accommodations for those with disabilities.

"When you talk about civil rights, that includes talking about rights for people with disabilities, the right to travel and go places," said attorney Richard Bernstein. "This case will affect airports across the country. A systematic and epidemic problem exists in the airline industry. ... It'll only get better when they are forced to (make changes)."

He said potential precedents set in this case could help able-bodied air travelers in areas such as safety, cancellations and lost luggage.

The plaintiffs seek improvements in procedures and accommodations for the disabled.

Among the many complaints in the lawsuit are lack of boarding assistance, special seating, stowage for wheelchairs, accessible bathrooms, transportation to and from parking areas, litter areas for service animals such as seeing-eye dogs, and "ticket kiosks and in-flight entertainment devices" for the blind.

In addition, NWA charges the disabled higher, make service counters too tall, damage wheelchairs and other equipment, and force disabled people to wait in line for long periods.

"Defendants treat them as second-class citizens, and unjustly disregard their basic rights to equality and dignity, and cause embarrassment, humiliation, harassment and emotional distress," the lawsuit says.

Man dropped

Drouillard, a wheelchair user, said in an interview with The Macomb Daily he was dropped from a special chair inside the airplane last October because an employee failed to strap him in, and was denied a special seat in 2005 even though he was told one would be made available and a woman indicated she would give up the special seat.

Drouillard said the airline is "inconsistent" in providing special accommodations for the disabled, as it is required to do.

Bernstein noted the plaintiffs are not seeking monetary damages, only that the airline and authority comply with special accommodations they must provide by law at the Romulus airport to those with disabilities. He accused Northwest of violating a 2002 settlement between Northwest and the U.S. Dept. of Transportation over air travelers with disabilities. NWA paid a $700,000 civil penalty and agreed to conform to ACAA and DOT regulations.

Northwest officials could not be reached for comment Friday, but have filed a motion to dismiss the lawsuit.

NWA responds

NWA contends in the legal brief the plaintiffs should not even be able to sue the airline. NWA argues that many of the allegations don't apply to NWA; the court does not have jurisdiction over the Air Carrier Access Act, under which some claims are made; and the ADA and Rehabilitation Act, under which allegations are made, do not apply to "airline carriers."

"Plaintiffs make several claims that are contrary to actual facts," says the legal brief penned by attorney Tiffany Buckley. "Plaintiffs made allegations against NWA that actually relate to other entities, such as the Transportation Security Administration and the Wayne County Airport Authority."

NWA says private parties cannot sue to enforce the regulations; that falls with governmental agencies.

Bernstein said two years ago he met with authority officials about improving access for the disabled, but upgrades have not occurred.

Airport takes matter “seriously”

Michael Conway, director of public affairs for the authority, confirmed the two sides talked but could provide little comment.

"Providing service to our customers with special needs is something the airport authority takes very seriously," Conway said in a written statement. "However, since Mr. Bernstein has filed a legal action in this matter, it would not be prudent for us to comment."

The WCAA filed an answer to the lawsuit, saying many of the accusations are untrue or that the authority cannot admit or deny them.

The plaintiffs must file response legal briefs by May 29 in U.S. District Court. The case has been assigned to Judge George C. Steeh.

Bernstein, who is blind and specializes in advocating for the rights of the disabled, said his office has received many complaints about the airlines. He picked five that represent various problems at the airport and types of disabilities. Many other witnesses could provide tales of discrimination and lack of accommodations, he said.

"People come to us with all kinds of issues, and we realized this is becoming a serious problem," he said. "We have a large number of witnesses who can talk about incidents that are even more horrific than those in the complaint."

He declined to elaborate on the number of potential witnesses.

Accommodations decline

Drouillard, who retired in 2004 as an assistant principal at Roseville High School, has been a wheelchair user since a diving accident in 1983 left him a quadriplegic, although he can move his arms and has some use of his hands. He said he has traveled via air to Las Vegas 26 times, 20 of them on Northwest since he began traveling in 1992. He said accommodations for the disabled at Northwest in the 1990s and early 2000s gradually improved, but have declined in the past three to four years.

"It's the consistency; sometimes it's good, sometimes it's not," he said. "I've had a couple of bad experiences."

Drouillard said last October on a flight departing from Detroit he was not given a "bulkhead" seat -- first row behind business class, which has more leg room -- even though at least one person in one of the seats indicated she was willing to trade.

"The people there didn't know what 'reasonable accommodations' means," Drouillard said.

He said he requested the seat when he first purchased it in July. He was first told one was not available then told to arrive early, and employees would find another passenger to trade with him. But that never occurred. About two-thirds of the way through the flight, a woman in one of the seats indicated she would give up her seat.

Parking an issue

In 2005, Drouillard fell from a special wheelchair, called an "aisle chair," the airlines use to transport disabled people from the terminal into their seat because an employee failed to strap him in and left him. The incident occurred before he was to be lifted from the aisle chair to his seat on the airplane.

"I ended up on the floor," he said. "At first I thought my ankle was broken because my shoe came off a little bit, and it looked like it was twisted. When I said, 'Oh my God, I think my ankle is broken,' that got some attention."

Drouillard, who weighs more than 200 pounds, said another common problem is Northwest sometimes deploys staffers who are not strong or trained to lift him from the aisle chair into his seat.

"I'm a pretty big guy, not easy to lift," he said. "I don't want to get hurt or someone else to get hurt."

Drouillard, who drives a specially equipped SUV, says in the lawsuit he was denied "accessible parking" due to lack of spaces and/or lack of signage to direct a disabled person to spaces.

He says he also has experienced long waits while waiting to be removed from an airplane.

Drouillard noted that the accommodations decreased about the same time Northwest completed the Edward H. McNamara terminal at Northwest World Gateway. However, Bernstein attributed it to the airlines' lack of attention and resources.

"They have cut staff and don't have the necessary protocol and procedures," Bernstein said.

Drouillard is divorced and has three adult children.

Besides Drouillard, plaintiffs include Deborah Thomas and Emma Daniels, both of Detroit, James Keskeny of Pickney and Jill Babcock of Farmington.