About Me

This will be the last time I begin an episode with information about me. I'm sharing this information at the beginning of the first three episodes so you can learn a little about me and my qualifications to present on matters of disability law.

Basic Bio

I was born blind.

I am a member of the American Council of the Blind.

I live in Portland, Oregon.

Oregon is the fifth state I have called home.

My interests include:

I love animals.

I'm a huge sports fan.

I'm an avid reader and writer.

Certifications

I have a law license from Massachusetts.

I'm a certified ADA coordinator.

I'm a certified professional in accessibility.

Professional Background

I'm the disability analyst for Portland Parks & Recreation.

Previously, I was the ADA Title II analyst for the city of Portland.

Several years ago, I was a contract attorney for Disability Rights Advocates in Berkeley, California.

Prior to that I was a staff attorney for what was then called the American Bar Association's Commission on Mental and Physical Disability Law in Washington, DC.

Disclaimer

The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice.

Roadmap

In this episode we will be focusing on the following:

Airline Passengers with Disabilities Bill of Rights

Selected provisions of the Air Carrier Access Act

Introduction

This episode is designed to provide a good amount of knowledge of our rights as airline passengers with disabilities. It is not intended to address every requirement the airlines have to provide us, nor is it going to address every aspect of discrimination we may face as people with disabilities when we travel by air. My hope is that by providing this information I can help others in our community understand the rights we have, how to make those rights work for us when we can, and what changes to the law we should be demanding.

If you want more information about the topics presented here, or you think you may need information not presented here, the show notes accompanying this episode and posted to the website has links to all of the resources covered here. So, I wouldn't listen to this podcast expecting to take notes; rather, I would listen to gain an understanding of what is generally required. When you are planning a trip, or you are thinking about filing a complaint, use the website to access information applying to your specific situation.

Airline Passengers with Disabilities Bill of Rights

The Airline Passengers with Disabilities Bill of Rights (Bill of Rights) was developed by the Department of Transportation (DOT) as a cleaner way of explaining the rights promised people with disabilities in the Air Carrier Access Act (ACA). The Bill of rights makes the following 10 promises:

The right to be treated with dignity and respect

The right to receive information about airline services, and aircraft services, capabilities, and limitations

The right to receive information in an accessible format

The right to accessible airport facilities

The right to assistance at airports

The right to assistance on the aircraft

The right to travel with an assistive device or service animal

The right to seating accommodations

The right to accessible aircraft features

The right to resolution of a disability related issue

While the rest of this episode will cover provisions of the ACA, the Bill of Rights is a great place for you to begin learning about your rights under the ACA.

Selected Provisions of the ACA

Effective Communication

Website Accessibility

The accessibility of airline websites is discussed in 14 C.F.R. § 382.43. Some of its key provisions are as follows:

If an airline flies at least one plane with 60 or more seats, that airline's primary website had to be accessible by December 12, 2016.

If an airline's primary website is covered, it must comply with level AA of version 2.0 of the Web Content Accessibility Guidelines.

The pages on the primary websites were to be tested by people with disabilities and/or disability organizations for compliance with the Web Content Accessibility Guidelines and for the usability of the pages.

Consulting by the disability community was to be done prior to the scheduled dates for compliance.

There is no requirement for ongoing, organized testing of web pages.

If someone acknowledging their disability says they cannot access something on an airline's website, the airline needs to accommodate them in another way.

Airline websites must allow people with disabilities to request accommodations for future flights.

Information for Blind, Deaf or Hard of Hearing at Airports

The regulations related to people who are blind, deaf, or hard of hearing having access to information are addressed in 14 C.F.R. § 382.53.

US carriers must ensure People with disabilities have "prompt" access to the same information provided to other passengers at each gate, ticketing area, and customer service desk that an airline owns, leases, or controls at any US or foreign airport, to the extent that this does not interfere with employees' safety and security duties.

foreign carriers must make this information available at each gate, ticketing area, and customer service desk that they own, lease, or control at any US. airport.

At foreign airports, foreign carriers must make this information available only at gates, ticketing areas, or customer service desks they own, lease, or control and only for flights that begin or end in the US.

The information covered by this section includes, but is not limited to, the following:

flight safety information

ticketing

flight check-in

delays

cancelations

schedule changes

boarding information

connections

gate assignments

checked bags

volunteer solicitation when flights are oversold

individuals being paged by airlines

aircraft changes affecting the travel of people with disabilities

emergencies

Regarding checked bags, the information must be provided to people who are blind, deaf, or hard of hearing no later than it is provided to other passengers.

Accessible Kiosks

Information related to accessible automated kiosks at airports is covered in 14 C.F.R. § 382.57. Things to know about kiosk accessibility are as follows:

At least 25 percent of automated kiosks at every airport location were to be accessible by December 12, 2022.

The accessible kiosks must provide the same services as the inaccessible kiosks in their location.

A passenger with a disability wishing to use an accessible kiosk must be given priority access to an accessible kiosk.

Accessible Information on Aircrafts

The requirements for what information must be accessible to people who are blind, deaf, or hard of hearing on aircrafts is covered in 14 C.F.R. § 382.119. Some of the requirements are as follows:

Passengers with hearing or visual disabilities have "prompt" access to the same information provided to other passengers on the aircraft to the extent that providing the information accessibly does not interfere with the safety duties of employees.

Covered flight information includes, but is not limited to, the following:

flight safety

procedures for takeoff and landing

flight delays

schedule or aircraft changes that affect people with disabilities

diversion to another airport

scheduled departure and arrival information

boarding information

weather conditions at the flight's destination

Beverage and menu information

connecting gate assignments

baggage claim

individuals being paged

emergencies

Information related to the training of airline employees and contractors on effectively communicating with people with disabilities can be found in 14 C.F.R. § 382.141.

Assistance at Airports

Assistance in Moving Within the Terminal

Assistance in the terminal is addressed in 14 C.F.R. § 382.91. The important things to know are as follows:

Airlines are responsible for helping us make connecting flights.

If our flights are with two separate airlines, the airline on which we took the first leg of our trip is responsible for ensuring we have assistance to our second flight.

Airlines must also provide assistance from the terminal entrance or a vehicle drop-off adjacent to the terminal entrance to the gate.

At our departure location, airlines must provide assistance from the plane to the terminal entrance or a vehicle pick-up area adjacent to the terminal.

This requirement includes assistance accessing key functions of the terminal like ticket counters and baggage areas.

Our assistant has to let us make a "brief stop" at a restroom, including an accessible restroom, as long as it is on the way and stopping would not create an unreasonable delay.

Airlines must work with airports to provide us assistance accessing an animal relief area.

If our disability prevents us from carrying our bags, the airline must assist.

To and From Transportation

The requirement to assist us from a vehicle drop-off or a to a vehicle pick-up area adjacent to the terminal is absurdly impractical and assumes we always have someone without a disability available to drop us off and pick us up. In many instances, Uber and Lyft are restricted to certain areas, which sometimes are not adjacent to the terminal. If an airport offers a public transit option it may be adjacent to one terminal but not all terminals at an airport.