Lawsuit Accuses Northwest of Discriminating Against Disabled

Detroit News

By Paul Egan and Tom Greenwood
April 14, 2008

A lawyer filed a federal lawsuit on Monday against Northwest Airlines and the Wayne County Airport Authority alleging that they discriminate against physically disabled passengers and frequently break passengers' wheelchairs.

The lawsuit, filed in U.S. District Court on behalf of five plaintiffs, alleges violations of the Americans with Disabilities Act, the Air Carrier Act and the Rehabilitation Act.

"The key to this is we're not asking for money," said lawyer Richard Bernstein, of Farmington Hills, and advocate for the disabled, who is himself blind. "We're just seeking equitable relief."

According to Bernstein, one of the biggest problems is that the airline frequently breaks custom made wheelchairs which take months to replace.

Bernstein said the result of the damage is that many disabled people don't travel anymore. According to the Bernstein's law firm Web site, Bernstein reached an out of court agreement with both Northwest and Wayne County in 2006 to protect the rights of disabled fliers. Bernstein alleges that both organizations have failed to comply with the agreement.

Michelle Aguayo Shannon, media relations manager for Northwest, in a statement said the airline was "disappointed" in the filing of the lawsuit.

"Despite repeated attempts to discuss any concerns, Richard Bernstein decided to take his concerns to court for what he alleges is non-compliance with the Air Carrier Access Act and the American's with Disabilities Act," Aguayo Shannon said.

"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 lawsuit's plaintiffs are:

• Deborah Thomas, a Detroit resident with polio, alleges she has been forced to stand in line when she is physically unable to do so.
• Emma Daniels, of Detroit who is blind alleges, she has been denied use of check-in kiosks and has missed a flight while waiting for an excessive amount of time for assistance.
• Martin Drouillard of Roseville who is a quadriplegic and reliant on a wheelchair, alleges he has been dropped to the floor due to improper assistance.
• James Keskeny, of Pinckney who has muscular dystrophy, alleges he was wheeled down the aisle of an airplane and titled parallel to the floor of the aircraft.
• Jill Babcock of Farmington alleges Northwest repeatedly damaged her wheelchair and has also given her wheelchair to another disabled passenger by mistake.

Michael Conway, spokesman for Metro Airport, declined to make a comment on the lawsuit, other than to say that "providing service to our customers with special needs is something the airport authority takes very seriously. However, since Mr. Bernstein has filed a legal action in this matter, it would not be prudent for us to comment."