A monumental lawsuit between Northwest Airlines and five Detroit-area airline travelers with physical disabilities has brought attention to a crucial question: How does the Americans with Disabilities Act (ADA) protect air travelers with disabilities?
As the law is currently written, aircraft are excluded from the definition of “specified public transportation.” Past court cases have interpreted this to also mean that airport terminals are excluded from ADA coverage.

However, in this most recent case, U.S. District Judge George
Caram Steeh said in a 13-page opinion that this interpretation is
“inconsistent with the plain meaning of the statute.”
The Detroit-area residents filed suit against Northwest Airlines and Wayne County Airport Authority in Detroit (which was recently dropped as a defendant), claiming that the airline and airport failed to provide proper accommodations in a number of areas. Among several complaints, the plaintiffs said Northwest failed to provide boarding assistance in some cases, dropped passengers to the floor when assisting them improperly and damaged wheelchairs in the airline’s possession during flight.

Because aircraft are excluded from ADA coverage, airlines have been held to the standards of the Air Carriers Access Act (ACAA), which prohibits discrimination on the basis of disability in air travel and requires air carriers to accommodate the needs of passengers with disabilities. However, individuals are not allowed to file private claims under this law and must depend on the federal government for enforcement. Northwest argued the case should be dismissed because the ADA does not apply to airlines, and the ACAA does not allow individuals to file private claims.

Judge Steeh dismissed the plaintiffs’ claims under the ACAA, but ruled the ADA does apply to airport terminals and thus the case may continue. He said that although aircraft are covered by the ACAA, airports are covered by the ADA, which includes terminals operated by the airlines, such as Northwest Airline’s terminal at the Detroit airport. Therefore, Northwest’s terminal — and all airline terminals — must meet ADA guidelines.

“This interpretation is consistent with Congress’ intent to limit the ACAA’s reach to aircraft and the ADA’s reach to public spaces, such as terminals. In fact, to conclude otherwise would leave the door open for acts of discrimination that could not be remedied,” Judge Steeh said in his opinion. In the ADA language, “public accommodation” is defined to include entities affecting commerce such as “a terminal, depot, or other station used for specified public transportation.” And according to Judge Steeh, the Northwest Airlines terminal at the Detroit airport is considered a public accommodation, as it’s used for “bus, rail and other motorized transport along with its principal function as a center for transportation by aircraft.”

Peter Berg, project coordinator of technical assistance at Great Lakes ADA, said the ADA applies to airport facilities, which includes anything from the front door to the jet way. The ACAA requires airlines to assist travelers with disabilities, such as helping someone in a wheelchair board the plane safely and guiding someone who is visually impaired from the ticket counter
onto the airplane. These services are not limited to the airplanes
themselves, according to Berg; airlines are responsible for providing these services in the airport terminals. Thus, as they operate within their terminals, airlines are subject to the standards set forth by the ADA.

In an article in “The Detroit News,” Kristin Baur, a spokesperson for
Northwest, said the airline “is currently reviewing the ruling and evaluating its options regarding future actions.” Baur also said the airline continues to be committed to providing accessible air travel for all customers.

Visit the Federal Aviation Administration’s Web site at www.faa.gov to learn more about traveling rights for passengers with disabilities.

NEW YORK — Children with chronic illnesses or disability can often benefit from the right exercise program, showing improved quality of life, greater aerobic capacity and better function, according to a report published this month.

But chronically ill or disabled children and teens who aren’t active can get out of shape and too fat, just like their peers who aren’t challenged by illness or disability, warns Dr. Patrick J. Morris of the University of Minnesota in Minneapolis.

Morris notes that children with cerebral palsy often have movement problems that make it difficult to walk, let alone exercise. But he points to a study in seven teens with the disease that showed three months of training improved their aerobic capacity and their ability to stand, walk, jump and run.

Physical activity is also beneficial to individuals with spinal cord injuries, Morris adds. And while the jury is still out on whether exercise can help people with cystic fibrosis get stronger and breathe more easily, he notes, the studies to date show no evidence that physical activity is harmful for these patients.

Even children with the bleeding disease hemophilia can engage in physical activity, according to Morris, if they choose a sport that’s appropriate for their fitness and coordination level.

Aerobic workouts can clearly help children with asthma get stronger and more fit, although the evidence is not as clear on whether training affects symptoms like breathlessness or the amount of medication a patient needs.

Exercise is also crucial for helping children with type 2 diabetes manage their illness, according to Morris, but a study out last year showed that adolescents found the hardest thing about following an exercise program was “lack of motivation.”

Just because exercise can benefit young people with disease “doesn’t mean it’s easier to get these kids to sign on to physical activity,” Morris concedes. To help motivate them, he suggests emphasizing “fun approaches with variety and freedom that are supported by peers, that have the option of family participation, and that foster success.”

Morris points to the offerings of Courage St. Croix, a rehab and resource center for disabled individuals near his home, as examples of activities that fit the bill: “power wheelchair soccer, hockey, softball or rugby; …handcycling, SCUBA, rock climbing, kayaking, downhill skiing, water skiing, golf, archery, and bicycling; … and yoga, tai chi and horseback riding.”

“Physical activity,” he concludes, “is a positive intervention for children growing up with the challenge of a chronic disease or disability. When physical activity becomes a lifestyle for these children, they’re supported on their way to becoming happier, healthier adults who are up to any challenge.”

By Hailee Lampert/WLKY

WLKY.com

LOUISVILLE, Ky. - A house fire took the life of a Louisville woman

Family members said the woman was wheelchair-bound.

Mary Ann Riordan, 66, was pronounced dead at the scene.

The autopsy results report Riordan died from smoke and flame inhalation.

Fire Chief Greg Frederick said the victim’s husband was taken to the hospital and suffered non-life-threatening injuries.

“I heard this yelling and it didn’t sound right, so I looked out my window, and that’s when I seen the flames,” said neighbor Kim Arthur.

No one else was at home when the fire broke out.

“I tried to console him,” Arthur said. “He wanted to go back in the house. I couldn’t let him do that.”

The arson unit is investigating the cause of the blaze.

“The potential is there that we possibly have smoking with home oxygen in use,” said Frederick.

Programs Offered:

• Winter/Spring Activities

◦ Adapted Aquatics

◦ Adult Fitness

◦ Arts & Crafts

◦ Bowling

◦ Derby Dance

◦ Special Program

◦ Therapeutic Riding

• Special Programs

◦ Bluegrass Invitational Wheelchair Basketball Tournament

◦ Dances

◦ Holiday Dinner/Dance

Therapeutic Recreation - (859) 288-2908

• Kristy Stambaugh, Recreation Manager (859) 288-2928, Kstambau@lexingtonky.gov

Brent Claiborne, Recreation Supervisor (859) 288-2908,

bclaiborne@lexingtonky.gov

Parks & Recreation

469 Parkway Drive, 

Lexington, Kentucky 40504

OR

545 North Upper Street 

Lexington, Kentucky 40508

(859) 288-2900

Fax: (859) 254-0142

During halftime of Eastern’s game against Austin Peay Tuesday, Jan. 27, there will be a wheelchair basketball exhibition game at Alumni Coliseum.

It will feature two wheelchair teams from the Cardinal Hill Rehabilitation Hospital in Lexington.

Last March, the men’s team, Hill on Wheels, won the 10th Annual NWBA Division-III National Championship Title.

The campaign advertisements are gone, phone lines are no longer buzzing with endorsement calls and political debating has ceased. Many of us did our part to vote and participate in the election process. But, our work isn’t done. With Barack Obama  in the White House, Gov. Mitch Daniels planning his next four years in office and countless legislators ready for action, now is the time to get acquainted with these elected officials. Building personal relationships is key to influencing legislators and other officials who can impact the disability community with their public policy decisions.

It’s important to connect with not only new officials, but also with those who have been reelected.

Reach out to your elected officials to introduce yourself and congratulate them on their win. Ask if they can meet with you to discuss issues affecting you and the disability community.

Or, send them a letter or e-mail to share issues of concern.

You can find out who your elected senators and representatives are in the Indiana General Assembly and U.S. Congress by visiting www.in.gov/apps/sos/legislator/search/ and typing in your ZIP code. You can contact Gov. Daniels by visiting www.in.gov/gov or calling (317) 232-4567 (voice). To learn more about Barack Obama, visit www.barackobama.com.