You hear so much about how the government supposedly can't legislate corporations. But if the government can tell glaucoma patients they can't get medicine or tell me I can't travel by bike in a public space (where biking does no harm to anyone), it can damn sure tell corporations what to do.
Recently, Delta Airlines made a severely disabled woman crawl off of a plane. The woman has muscular dystrophy and uses a wheelchair.
First of all, her Delta flight landed in Atlanta late because it was delayed. Her connecting flight to West Palm Beach was scheduled for only 35 minutes after she arrived in Atlanta. She missed her connecting flight because not only was her first flight late, but the airline didn't get her a wheelchair in time before the connecting flight left.
The airline did tell her she might make the connecting flight, but only if she crawled off the plane instead of waiting for a wheelchair.
After she ended up missing the connecting flight, Delta gave her a boarding pass for a flight that was supposed to leave hours later. But apparently Delta had no personnel on hand to bring her to the gate. And that flight was delayed for hours anyway.
Later the woman became dehydrated because she had no access to water during this ordeal.
She didn't arrive in West Palm Beach for hours until after she was supposed to, and she had to crawl to the shuttle service to get home.
Why can't the government regulate airlines? Actually it can. But it won't. And now - because of activist judges - it won't let the states regulate airlines either - let alone break up the monopoly Delta has in some markets such as Cincinnati.
Early this year, a right-wing federal judge voided a New York law that required grounded airliners to provide passengers with adequate water and toilet access. The court overturning the law was a blatant case of judicial activism, and it was clear that this decision wasn't based on real law. So clear, in fact, that the state of New York would have been within bounds to ignore the ruling. If the federal government wanted to start a civil war against New York over something like this, it wouldn't exactly win over the people's hearts and minds.
So the states need to shore up the duties the federal government has not only neglected but has (out of sheer malice) tried to prevent the states from carrying out.
(Source: http://consumerist.com/5030632/delta-makes-woman-with-muscular-dystrophy-crawl-off-plane)
Tuesday, July 29, 2008
Delta makes disabled woman crawl off plane
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You omitted a key word your headline there, Tim. It should read "Delta employees make disabled woman crawl off plane." It is standard for airlines to provide wheelchair assistance for those needing it. You would know this if you'd ever flown anywhere. I flew on plane full of WWII vets going to see the war memorial in Washington a few weeks ago. There were wheelchairs everywhere.
ReplyDeleteSo what kind of legislation are we talking about here Tim?
First we have to see what laws are already on the books and make sure those get enforced.
ReplyDeleteAfter activist judges gutted much of the Americans with Disabilities Act, I wonder what laws remain.
Actually the airlines are regulated under the Air Carrier Access Act (not the ADA).
ReplyDeleteAs the editor of a magazine on accessible travel, I've heard a lot stories like Juliana's. The ACAA was recently updated but the changes won't go into effect until next year (in May, a year after they were published in the Federal Register).
The olds regs say they have to provide wheelchair assistance and get folks off flights in a timely manner. The new regs clarify that to mean immediately after the rest of the passengers have deplaned. So the new law adds more protection.
Also the new law requires wheelchair pushers to stop at the bathroom if it is along the way to the gate. They are still not required to stop to purchase food or provide any kind of assistance getting the food.
So I always advise folks to take something to eat with them, as you never know when there will be a delay. You can also take an empty water bottle and fill it up while you are in the bathroom.
And the 35-minute connection time was just not enough time for a wheelchair-user to connect. Yes, the airline software will book it for you, but you really shouldn't take it.
Still the laws on the whole are getting better for disabled travelers. I've been covering accessible travel exclusively for the past 15 years and it's really better than it used to be.
Candy Harrington
Editor, Emerging Horizons
www.EmergingHorizons.com