Judge: Americans with Disabilities Act Applies to Airlines

The Oakland Press

By Jerry Wolffe
September 4, 2008

A federal judge Wednesday ruled in a case involving Northwest Airlines and a Farmington woman that the Americans with Disabilities Act applies to airlines and can be used to require equal treatment for the disabled when traveling.

“This is a game-changer,” said Gary Talbot, who was appointed by President Bush to the U.S. Access Board in 2004.

The board is an independent federal agency whose primary mission is guaranteeing accessibility for people with disabilities.

“This is an absolutely groundbreaking decision and earthshaking,” Talbot said in a telephone interview from the Boston area.

“Finally, a federal judge says airlines have to comply with the federal law that gives remedy to the disabled when they believe their rights are violated,” added Talbot, who lives in Ann Arbor and worked at General Motors Corp. as an engineer.

U.S. District Court Judge George C. Steeh ruled Wednesday that the ADA, signed into law by former President George H.W. Bush on July 26, 1990, applies to air carriers.

“This is going to transform aviation for the disabled,” said attorney Richard Bernstein of Farmington Hills, who filed the suit on April 14 on behalf of Jill Babcock of Farmington and four other people with disabilities.

“Plaintiffs bring this action to put an end to defendants Northwest Airlines Corp. and the Wayne County Airport Authority’s failure to comply with the Air Carrier Access Act, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973,” the suit said.

The lawsuit also contended “the defendants are discriminating against plaintiffs and others similarly situated by denying them equal access to air travel and attendant facilities at Detroit Metropolitan Airport, including but not limited to McNamara Terminal, Smith Terminal and adjoining areas such as parking facilities.”

“NWA has a solid record of compliance in this area and is an industry leader, with the establishment of our consumer advisory board, which provides us with direct input from disability advocates,” the airline said.

Northwest Airlines also argued that federal agencies, such as the U.S. Department of Transportation, had sole authority regarding accessibility and individuals do not have the right to sue for remedy under the ADA or Rehab Act.

“This ruling (by Steeh) has application to all airlines and airports,” said Talbot who writes the rules and regulations regarding accessibility for airlines.

“We have transformed what our airline transportation is going to look like in the future,” said Talbot, who also is the chairman of the Airport Access Committee of the U.S. Access Board.

“All people, including seniors and moms pushing children in strollers, are going to benefit from this ruling.”

The ruling means floor slopes, boarding platforms, counter heights, bathrooms, how wheelchairs are handled by airline workers and anything pertaining to an airport must comply with the American with Disabilities Act Architectural Guidelines, added Talbot.

Talbot has been using a wheelchair since a 1980 car accident left him paralyzed.

He recently was stuck for hours on the tarmac at the Paris airport in a cage on a forklift when airport officials “forgot about me,” he said.

“I’ve got more than a million miles under my belt flying for work,” said Talbot. “It’s unbelievably difficult just to be able to navigate and maintain employment.”

Ultimately, the case is set for trial. But the precedent was set with Wednesday’s ruling and will lead to the creation and implementation of a court order to require compliance for travelers with disabilities.

If Northwest violates the civil rights of a disabled passenger and doesn’t make the necessary changes as put forth in court order, it can be found in contempt. The judge then has complete discretion to take action ranging from a warning to the airline, to a fine, to grounding its planes and possible jailing of Northwest executives, Bernstein said.

“The federal government was not doing its job,” he added. “People were getting hurt and little action was being taken by the Department of Transportation.

“Now, we’re going back to court and go to trial and seek a court order to fix the various problems originally argued by the plaintiffs,” Bernstein said.