MIAMI (AP)--A federal judge has dismissed a lawsuit by disabled fliers
seeking better access to 10 airlines, ruling that $3.2 billion in bailout
money paid to the carriers after the 2001 terrorist attacks did not
subject them to the Americans with Disabilities Act.
Disabled passengers are not protected by the federal disabilities law,
but the passengers maintained that airlines' acceptance of federal money
after the attacks expanded the scope of earlier laws to the carriers.
U.S. District Judge Ursula Ungaro-Benages disagreed June 8, ruling the
money accepted by the airlines was intended to compensate carriers for
losses sustained when jets were grounded by federal order.
"Obviously the clients are very gratified with the dismissals. We think
the judge's reading of the law was correct," attorney Robert Charrow, who
represented the airlines, said Monday.
Attorney Barbara Junge, who sued on behalf of the passengers, said,
"We're disappointed, and we're reviewing it to determine whether we'll be
filing an appeal."
The suit, filed as a test case in February, claimed disabled air
travelers are routinely subjected to harassment and inconvenience.
Passengers offered a long list of complaints about wheelchair users
being abandoned, arm braces being checked as baggage, damaged wheelchairs,
inaccessible lavatories and the rejection of service animals and carryon
bags.
The airlines named in the lawsuit were Alaska Air Group Inc. (ALK),
America West Holdings Corp. (AWA), AMR Corp.'s (AMR) American Airlines,
Continental Airlines Inc. (CAL), Delta Air Lines Inc. (DAL), Mesa Air
Group Inc. (MESA), Northwest Airlines Corp. (NWAC), Trans States, UAL
Corp.'s (UALAQ) United Airlines and US Airways (UAIR).
seeking better access to 10 airlines, ruling that $3.2 billion in bailout
money paid to the carriers after the 2001 terrorist attacks did not
subject them to the Americans with Disabilities Act.
Disabled passengers are not protected by the federal disabilities law,
but the passengers maintained that airlines' acceptance of federal money
after the attacks expanded the scope of earlier laws to the carriers.
U.S. District Judge Ursula Ungaro-Benages disagreed June 8, ruling the
money accepted by the airlines was intended to compensate carriers for
losses sustained when jets were grounded by federal order.
"Obviously the clients are very gratified with the dismissals. We think
the judge's reading of the law was correct," attorney Robert Charrow, who
represented the airlines, said Monday.
Attorney Barbara Junge, who sued on behalf of the passengers, said,
"We're disappointed, and we're reviewing it to determine whether we'll be
filing an appeal."
The suit, filed as a test case in February, claimed disabled air
travelers are routinely subjected to harassment and inconvenience.
Passengers offered a long list of complaints about wheelchair users
being abandoned, arm braces being checked as baggage, damaged wheelchairs,
inaccessible lavatories and the rejection of service animals and carryon
bags.
The airlines named in the lawsuit were Alaska Air Group Inc. (ALK),
America West Holdings Corp. (AWA), AMR Corp.'s (AMR) American Airlines,
Continental Airlines Inc. (CAL), Delta Air Lines Inc. (DAL), Mesa Air
Group Inc. (MESA), Northwest Airlines Corp. (NWAC), Trans States, UAL
Corp.'s (UALAQ) United Airlines and US Airways (UAIR).
