JS
Veteran
I was talking about the law.
I'm not disabled, never been disabled, don't know anyone who is disabled, but for some reason I HATE seeing discrimination against the disabled. I want the book thrown at US Airways. :down:
US Airways Tells Man He Is 'Too Disabled' To Fly Alone
- Thread starter 700UW
- Start date
I was talking about the law.
I'm not disabled, never been disabled, don't know anyone who is disabled, but for some reason I HATE seeing discrimination against the disabled. I want the book thrown at US Airways. :down:
Interesting article on this situation. Article on Disabled Case
Seems the writer thinks it was legal, although maybe not compassionate. Why didnt Mr Gates ask someone else traveling in the gate area to be his assistant?
Here is also a link to the other story I was referring to. Everyone remember this one? Everyone was quick to condemn US as well back then and then nothing ever reported as a followup.
But, lets just all jump to conclusions from the initial press release since we know they're here to report the truth and not sell papers.
USCREW
Veteran
sky high states: Thank you, Crew......... the facts, so eloquently stated.
only stating opinions
Air Carrier Access Act
http://airconsumer.ost.dot.gov/rules/382SHORT.htm
Ok here it is can't walk you need a attendant. Good luck with Refusal of transportation and managements suport
§ 382.35 Attendants.
(a) Except as provided in this section, a carrier shall not require that a qualified individual with a disability travel with an attendant as a condition of being provided air transportation. A concern on the part of carrier personnel that a individual with a disability may need to use inaccessible lavatory facilities or may otherwise need extensive special assistance for personal needs which carrier personnel are not obligated to provide is not a basis on which the carrier may require an attendant.(B) A carrier may require that a qualified individual with a disability meeting any of the following criteria travel with an attendant as a condition of being provided air transportation, if the carrier determines that an attendant is essential for safety:
(1) A person traveling in a stretcher or incubator. The attendant for such a person must be capable of attending to the passenger’s in-flight medical needs;
(2) A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the safety briefing required by 14 CFR 121.571 (a) (3) and (a)(4) or 14 CFR 135.117(B);(3) A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft;(4) A person who has both severe hearing and severe vision impairments, if the person cannot establish some means of communication with carrier personnel, adequate to permit transmission of the safety briefing required by 14 CFR 121.571(a)(3) and (a)(4) or 14 CFR 135.117(B).© If the carrier determines that a person meeting the criteria of paragraph (B)(2), (B)(3) or (B)(4) of this section must travel with an attendant, contrary to the individual’s self-assessment that he or she is capable of traveling independently, the carrier shall not charge for the transportation of the attendant.
(d) If, because there is not a seat available on a flight for an attendant whom the carrier has determined to be necessary, a person with a disability who has a confirmed reservation is unable to travel on the flight, the person with a disability shall be eligible for denied boarding compensation under 14 CFR part 250.
(e) For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the person with a disability.
382.31 Refusal of transportation.
(a) Unless specifically permitted by a provision of this part, a carrier shall not refuse to provide transportation to a qualified individual with a disability on the basis of his or her disability.
(B) A carrier shall not refuse to provide transportation to a qualified individual with a disability solely because the person’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers.
© A carrier shall not refuse to provide transportation to qualified individuals with a disability by limiting the number of such persons who are permitted to travel on a given flight.
(d) Carrier personnel, as authorized by 49 U.S.C. 44902, 14 CFR 91.8, or 14 CFR 121.533, may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this Part. In the event that such action is inconsistent with the provisions of this Part, the carrier shall be subject to remedies provided under § 382.65.
(e) When a carrier refuses to provide transportation to any person on a basis relating to the individual’s disability, the carrier shall specify in writing to the person the basis for the refusal, including, where applicable, the reasonable and specific basis for the carrier’s opinion that transporting the person would or might be inimical to the safety of the flight. This written explanation shall be provided within 10 calendar days of the refusal of transportation.
SKY HIGH and N109UW
Read the law and tell me and the rest of the board
Can a paraplegia that can’t walk without an attendant and no prior notice be Refuse transportation?
http://airconsumer.ost.dot.gov/rules/382SHORT.htm
Ok here it is can't walk you need a attendant. Good luck with Refusal of transportation and managements suport
§ 382.35 Attendants.
(a) Except as provided in this section, a carrier shall not require that a qualified individual with a disability travel with an attendant as a condition of being provided air transportation. A concern on the part of carrier personnel that a individual with a disability may need to use inaccessible lavatory facilities or may otherwise need extensive special assistance for personal needs which carrier personnel are not obligated to provide is not a basis on which the carrier may require an attendant.(B) A carrier may require that a qualified individual with a disability meeting any of the following criteria travel with an attendant as a condition of being provided air transportation, if the carrier determines that an attendant is essential for safety:
(1) A person traveling in a stretcher or incubator. The attendant for such a person must be capable of attending to the passenger’s in-flight medical needs;
(2) A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the safety briefing required by 14 CFR 121.571 (a) (3) and (a)(4) or 14 CFR 135.117(B);(3) A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft;(4) A person who has both severe hearing and severe vision impairments, if the person cannot establish some means of communication with carrier personnel, adequate to permit transmission of the safety briefing required by 14 CFR 121.571(a)(3) and (a)(4) or 14 CFR 135.117(B).© If the carrier determines that a person meeting the criteria of paragraph (B)(2), (B)(3) or (B)(4) of this section must travel with an attendant, contrary to the individual’s self-assessment that he or she is capable of traveling independently, the carrier shall not charge for the transportation of the attendant.
(d) If, because there is not a seat available on a flight for an attendant whom the carrier has determined to be necessary, a person with a disability who has a confirmed reservation is unable to travel on the flight, the person with a disability shall be eligible for denied boarding compensation under 14 CFR part 250.
(e) For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the person with a disability.
382.31 Refusal of transportation.
(a) Unless specifically permitted by a provision of this part, a carrier shall not refuse to provide transportation to a qualified individual with a disability on the basis of his or her disability.
(B) A carrier shall not refuse to provide transportation to a qualified individual with a disability solely because the person’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers.
© A carrier shall not refuse to provide transportation to qualified individuals with a disability by limiting the number of such persons who are permitted to travel on a given flight.
(d) Carrier personnel, as authorized by 49 U.S.C. 44902, 14 CFR 91.8, or 14 CFR 121.533, may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this Part. In the event that such action is inconsistent with the provisions of this Part, the carrier shall be subject to remedies provided under § 382.65.
(e) When a carrier refuses to provide transportation to any person on a basis relating to the individual’s disability, the carrier shall specify in writing to the person the basis for the refusal, including, where applicable, the reasonable and specific basis for the carrier’s opinion that transporting the person would or might be inimical to the safety of the flight. This written explanation shall be provided within 10 calendar days of the refusal of transportation.
SKY HIGH and N109UW
Read the law and tell me and the rest of the board
Can a paraplegia that can’t walk without an attendant and no prior notice be Refuse transportation?
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