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.”

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 planning his next four years in office and countless legislators ready for action, now is the time to get

acquainted with your 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.

To learn more about Barack Obama, visit www.barackobama.com.

As posted at:www.marionstar.com

Law boosts child safety

Seat use is mandatory for ages 4 to 7 or under 4-feet, 9-inches

BY JESSICA CUFFMAN • THE MARION STAR • JANUARY 16, 2009

MARION — A bill signed into law last week will toughen child safety and booster seat laws, a move that has won praise from the Marion County Board of Mental Retardation and Developmental Disabilities and the Ohio Booster Seat Coalition.

Gov. Ted Strickland signed the bill to be enacted into law Jan. 6, and enforcement begins in April. The law will now require federally approved booster seats for children ages 4 through 7, and those under 4-feet, 9-inches. Previously, only children less than 4 years old or who weigh less than 40 pounds needed to be secured in a safety seat, a 5-point child restraint system, according to that law.

“The Coalition and Marion County MR/DD supported this change because parents look to laws for guidance, especially in matters of traffic safety,” said Stephanie Langley, head of Marion County’s Ohio Buckles Buckeyes, a program that provides booster and safety seats to needy families and is facilitated through Marion MR/DD. “In fact, in states that have a booster seat law, study by the AAA shows parents are 54 percent more likely to use them.”
Ohio is the 44th state to enact a booster seat law.
Substitute House Bill 320 was recently passed in the Ohio Senate, 27-5. The House of Representatives concurred with the Senate’s revised bill, 79-14. The House approved the original bill in April, 85-10.
The revision changed the offense from a primary to a secondary enforcement measure, meaning that law enforcement officers can only cite a motorist for a violation if they are pulled over for another reason. The House wanted to give officers the authority to pull people over solely for violating the booster seat law, but accepted a Senate version without the provision.
From 2002-2007, motor vehicle crashes in Ohio killed 89 children ages 4-8. Another 21,327 children in the same age group were injured in accidents, according to the Ohio Department of Public Safety. In 2007, out of all the entire population, 1,257 were killed in crashes and 116,382 were injured.
“With passage of this law, Ohio can expect to see an increase in booster seat usage and a subsequent decrease in fatalities and injuries,” said Langley. “Children, 4-8 years old, are too small to be protected adequately by the car’s seat belt system, which is designed for an adult.”
The age range is because it’s difficult to tell when a child will reach that height, Langley said.
“But that’s the important piece for someone to fit into a seatbelt properly,” she said.
There is no further weight requirement after a child reaches 40 pounds and can be seated in a booster seat instead of a carseat, she said, emphasizing that a child should be strapped in a carseat until they are at least 40 pounds.
“We’re a bit afraid parents will run out and buy booster seats when their child isn’t 40 pounds. We want them to stay in a five-point harness until they reach that limit.”
The law sets the fine for a booster seat violation at $25 to $75 and it is a minor misdemeanor. A second violation is a fourth-degree misdemeanor. The fine for a five-point harness violation is up to $100 for the first offense and up to $250 and 30 days in jail for the second offense.
A five-point harness violation is a primary offense in contrast to the new booster seat law.
“I am absolutely thrilled that we have a booster seat law. The fact that it’s a secondary offense, I’m not happy with. It needs to be a primary offense,” Langley said. “We’re talking about children’s lives here.”
The National Transportation Safety Board and Ohio Booster Seat Coalition says research shows booster seats improve safety.
Statistics compiled by NTSB show vehicle crashes are the number one cause of fatal injuries for ages 4 through 34. Half of the children who died in accidents across the United States from 1998-2007 were unrestrained, while most of the remaining ones were improperly restrained in seat belts designed for adults.
Regular adult seat belts can cut across the stomach and cause soft tissue injuries or across the neck, leading to spinal cord injuries.
To be safe, seat belts must be positioned across stronger parts of the body, according to NTSB.

As posted at:  www.jamesline.com

COLUMBUS, Ohio—An innovative training device being used at The Ohio State University Medical Center may lead to improved mobility and quality of life for people with spinal cord injuries. Physicians are looking at the use of bodyweight support and treadmill therapy, known as locomotor training, to help patients improve various skills after suffering incomplete paralysis. The unique therapy, often associated with the rehabilitation regimen used by the late actor Christopher Reeve, is only available at a handful of hospitals around the country. Michele Basso, director of OSU Medical Center’s neurorecovery network, has been studying spinal injury and looking at cellular responses in a laboratory setting. She feels the therapy will be beneficial. “Research suggests that we can retrain spinal cords to recognize movements and not work directly through the brain. If you provide the right kind of sensory information into the spinal cord, it will recognize it and say, ‘Oh, I know what that is. That’s walking.’ We can manipulate the weight that goes through the legs to help the spinal cord remember how it’s done. We have seen it work in the lab,” says Basso. With the help of a team of physical therapists and researchers, the participants are lifted from their wheelchair and supported by an overhead harness in a standing position over a treadmill. With part of their weight supported over the moving treadmill, physical therapists move the patient’s legs to simulate walking. Dr. Jerry Mysiw, a physician in physical medicine at Ohio State’s Dodd Hall rehabilitation facility and medical director for the study, says spinal cord injuries are devastating and affect every aspect of a patient’s life. “Their social, personal and physical activities and interactions all are impacted by these injuries,” said Mysiw. “We hope this ground-breaking work will open a new chapter of therapy and treatment for people with this type of impairment.” OSU Medical Center is one of only seven sites to have this kind of treatment through its neurorecovery network. The other cities include Philadelphia, Louisville, Atlanta, Houston, Boston, and West Orange, N.J. Funding is provided through the Christopher and Dana Reeve Foundation in cooperation with the Centers of Disease Control and Prevention. Participants in the program receive therapy several times a week for an extended period of time. Results can range from lessened pain, enhanced balance, better respiratory and heart health, and in some cases, the ability to walk. The overall goal is to see an improved quality of life for participants.

# # #

Kristina Day
Medical Center Communications
614-293-3737
Kristina.Day@osumc.edu

Winter Session begins January 15- March 15

Ages: 5 & Older

Location: Mt. Auburn Pool

Min/max #: 5/8

Fee: $100

Tuesday Times: 4:30 - 5:10 pm

5:15 - 5:55 pm

6:00 - 6:40 pm

Code: AATW08

Saturday Times:10:00 - 10:40 am

10:45 - 11:25 am

11:30 am -12:10 pm

Code: AASW08

COSHOCTON - The Positive Purpose MS Support Group will hold a Coffee Clotch at 1 p.m. Saturday, Jan. 10, at Krasco, 23897 Airport Road.

Enjoy coffee or hot chocolate, and some treats. Take family and children.

Positive Purpose is sponsored by the National Multiple Sclerosis Society.

For information and to RSVP, call Angie at 740-502-2540 or Cj at 740-824-4370.

 

Friday - December 12, 2008

Kentucky vs. Pittsburgh  54-22

Michigan vs. Ohio II  1-0

Texas vs.Indy 44-41

 

Saturday - December 13, 2008

Minnesota vs. Kentucky  38-50 

Indy vs. Ohio II  50-32

Kentucky vs. Blitz 50-29

Texas vs. Ohio II 55-26

Michigan vs. Indy  64-35

Ohio Blitz vs, Ohio II45-25

Indy vs. Pittsburgh 1-0

Kentucky vs. Texas  46-31

 

Sunday - December 14, 2008

Ohio II vs. Pittsburgh  60-32

Indy vs. Ohio Blitz  40-37

Michigan vs. Kentucky  48-51

 

  

FINAL STANDINGS

1. Kentucky 

2. Michigan

3. Minnesota

4. Pasadena Texas

5. Indy

6. Ohio Blitz

Ohio II

Pittsburgh

 

Tuesday Night Ride

When

Tue, January 6, 6pm – 8pm

Where

Nisbet Park,Loveland (map)

Description

A night ride that requires front and rear lighting. Avg pace 15 on varied routes. Contact Scott Goldsmith at 831-3463 for more info.

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6:30pm

Chili Ride West (Winter Edition)

When

Tue, January 6, 6:30pm – 8:30pm

Where

9860 West Rd, 45030 (map)

Description

We meet behind Harrison High School (under the lights) at Dry Fork & West Roads off I-74. We leave at 6:30 PM. Bring front and rear lights. Dinner afterwards at Skyline in Harrison.

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Wednesday, January 7

6:30pm

TCF Hill Ride

When

Wed, January 7, 6:30pm – 9:00pm

Where

Team Cycling and Fitness, 7765 Colerain Ave, Cincinnati, Ohio, 45239 (map)

Description

Get your hill training and repeats in. GREAT for time trial training.

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Thursday, January 8

6:30pm

West Side Woolies

When

Thu, January 8, 6:30pm – 8:30pm

Where

250 S. Miami Avenue, 45002 (map)

Description

West Side Woolies / 11-25 mi. / var. speed groups / Debbie Gossett 513-471-3127/ Park at Skyline Chili in Cleves, Ohio. This is a great beginners ride; you cannot get lost. You can wean yourself from riding on the path to street riding, then to riding rolling hills and finally to climbing Dugan’s Gap and enjoying the view that overlooks Kentucky and the Ohio River as a reward. We dine afterwards at the Skyline. Great food and company! Headlights and tail lights required. See the website for up to date information.

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7:00pm

Board of Trustees Meeting

When

Thu, January 8, 7pm – 9pm

Where

6111 Montgomery Rd, Cincinnati, Ohio, 45213 (map)

Description

Meet at Molly Malone’s in Pleasant Ridge for the monthly BOT meeting and work to address issues that affect your club. Open to all members.

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