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 disabil

As posted at: Activeadaptive.com

Below is the February 7 & 8, 2009 Windy City Warriors wheelchair basketball invitational (Lake Park West High School. Bloomingdale, IL) — Varsity and Prep Flyers (all times are CST)

Varsity Games POOL A

1. Minnesota Timberwolves

2. Minnesota Royals

3. Grand Rapid Pacers

4. Windy City Warriors

SATURDAY
Court 1

12:00 Warriors vs. Pacers

1:30 Timberwolves vs Royals

3:00 Warriors vs Timberwolves

4:30 Pacers vs. Timberwolves

6:00 Warriors vs Royals

Varsity POOL B

1. Wisconsin Wizards

2. Turnstone Flyers

3. Milwaukee Heat

SATURDAY
Court 2

12:00 Wizards vs Heat

1:30 Turnstone vs Wizards

3:00 Royals vs Pacers

4:30 Turnstone vs Heat

Single Elimination starts Sunday at 9AM and championship game at 2PM

Prep Games POOL A

1. Minnesota Rowdies

2. Windy City Warriors

3. RHI Pacers

4. Grand Rapid Pacers

Saturday
Court 1

12:00 RHI Pacers vs. Grand Rapid Pacers

1:30 Warriors vs. Rowdies

3:00 Warriors vs. Grand Rapids

4:30 Warriors vs. RHI Pacers

6:00 RHI vs. Rowdies

POOL B

1. GLASA Wave

2. Turnstone Flyers

3. Milwaukee Heat

Saturday
Court 2

12:00 GLASA vs. Heat

1:30 Turnstone vs. GLASA

3:00 Grand Rapid Pacers vs. Rowdies

4:30 Turnstone vs. Heat

Single Elimination starts Sunday at 9AM and championship game at 2PM

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.”

As posted at: activeadaptive.com

The Prep Turnstone Flyers (6-4) wheelchair basketball team found a way to defeat the previous undefeated #2 Prep Sterling Heights Challengers (11-2) two times yesterday (Saturday, January 17, 2009) at Turnstone Center. In the first game the Prep Flyers broke out to an early 17-5 lead at halftime as they cruised along to win 27-15. In the second game the Challengers came out with vengeance as they led 10-6 at halftime and looked good going into the 4th quarter with a 14-12 lead; however, the Prep Flyers came alive and went on a 12-0 run to win 24-14. *The Challengers were a little shorthanded this weekend as only 5 players of the 13 member team made the trip.

The Varsity teams from both the Flyers & Challengers played two games yesterday as the Challengers were victorious in both 40-10 and 52-19. The Flyers battle throughout (especially in the 2nd game); however, the Flyers chemistry was a little different without one of their starters who wasn’t able to make the trip

Prep Flyers Current Record: 6-4

Varsity Flyers Current Record: 10-4

Next Tournament for both Prep & Varsity Flyers: Xavier University January, 24, 2009

As posted by: Kevin Hughes

Below is a quick overview of things coming up:

Monday, Jan. 26th — 6:45 till 7:45pm practice at MAC

Saturday, Jan. 31st — 8:15 till 9:45pm practice at MAC

Monday, Feb. 9th — 6:45 till 7:45pm practice at MAC

Friday, Feb. 13th — Komets Game — Raffle and 2nd Intermission scrimmage

Saturday, Feb 14th — Bob Chase Frostbite Sled Hockey Championship @ MAC — teams play two games between 3:30pm till 10pm

Sunday, Feb. 15th — Teams play 3rd game in morning with championship played by mid-afternoon.

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As you can see we only have three more practices until our big tourney.  ***The Saturday practice was just added. Do your best in making these practices as Coach Eddie Long will be preparing the Turnstone Flyers Youth & Adult sled hockey teams for our first tournament. **If you haven’t been to practice in awhile or you haven’t tried it yet…we need ya. Stop by. All equipment is provided…Only $5 drop in cost. Contact Chuck 260-427-6762 to learn more.

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Friday, February 13 the sled hockey team is partnering with another FW youth hockey team in selling raffle tickets during the Komets game. We truly need everyone’s help. My last email about this is posted at the following link… http://activeadaptive.wordpress.com/2009/01/07/komet-raffle-sled-hockey/ here you will learn more on how you can get help make this a true success.

Please continue to email me the total # of FREE tickets your family is requesting for the Feb. 13 hockey game. Along with the Komet Raffle… the sled hockey team will be playing during the 2nd intermission. This is a great opportunity to showcase our sport to 7,000 plus people. If you’re planning on being a part of this please email me by Feb. 3rd. *This is the same date I need to know what raffle item(s) you’re contributing.

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Also, just in-case you haven’t already heard… the Fort Wayne Fire Department and FW Police Department hockey teams will be playing in a charity game (in sleds) during the ‘Bob Chase Frostbite Sled Hockey Championship’. It’s been fun to watch the friendly competitiveness of both teams as they’ve been practicing with the Turnstone Flyers sled hockey team.

If you haven’t already done so, every sled hockey player (ABs and Disabled athletes) needs to fill out US Hockey registration form. These forms can be found at the front desk (same place you sign in before each practice).

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Update on Brenden Yarian…. Below is an email from Brenden’s mom that was sent 1/21/09

HEy Kevin

I  have not talked to you in a while just letting you know that Brenden is in the hospital again We are now at Riley he had his surgery yesterday we were admitted on 1/18/09 and will  be here 7-10 days not sure it is a min by min thing hour by hour as Iam sure you know. IT was on his bladder, bowel MACE/ MONTI and it was a very long surgery as he has ALOT of scar tissue Well keep us in your prayers and you can pass this on to  others if you would like Take care– Tara Yarian

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.

As posted at: www.news-sentinel.com

Press Release by: Tony Belton, Easter Seals ARC

I’ve been fascinated by words for as long as I can remember; you pair one with another, and before you know it, find yourself on an emotional roller coaster. Similes. Metaphors. Poetry. The art of storytelling.But what I like most about words is their ability to paint pictures. And just like art, the same words can create so many different images with so many different people.That theory opened my eyes to a previously known unknown when I began working at Easter Seals Arc, ironically, as the PR guy. It’s as simple as ABC yet as clear as mud at the same time — people with disabilities are people first. Yes, disabilities are part of their lives, but disabilities do not define people.People with disabilities are part of the landscape in a diverse American portrait. The more than 55 million Americans with disabilities usually fall into the categories of mothers, fathers, sisters, brothers, sons, daughters, neighbors, friends, classmates and co-workers. People. Did I forget anyone?Over the past decade, changes in laws, technology, public policies and attitudes have opened opportunities for people with disabilities to pursue education, recreation and employment in the mainstream of community life. Like other Americans, people with disabilities live, work, attend school, play, worship and volunteer in their communities.However, lately I have been hearing more people refer to people with disabilities as handicapped or referring to their person second:“Handicapped man confined to wheelchair…,” “girl stricken with cerebral palsy…” These words and phrases only shape inaccurate perceptions of people with disabilities.Negative attitudes are often the greatest barrier for people with disabilities to overcome. Even the word “handicapped” itself is considered insulting by many because it is a term coined by people who are not.Throughout the year, especially the holidays, I urge people to be a little more careful or sensitive when choosing words. The reality is that people with disabilities succeed not in spite of their disabilities but in spite of an inaccessible and discriminatory society. They do not overcome their disabilities so much as they overcome prejudice.When you think about it, it’s really a clear picture, but unfortunately it’s one of those things that everybody knows, but nobody really knows.Food, er, words for thought.

Tony Belton is community relations coordinator of Easter Seals Arc of Northeast Indiana.

Do you have an event in your area that you’d like to let others know about?  Maybe you know of a team or are on a team that would like to share their information, events & scores.  Simply click the link below that says “Comment” and let us know the who, what, when, where and all the other important stuff.  If it’s appropriate for the website we’ll post it and help you get the word out!

As posted at: www.journalgazette.net

Kelly Soderlund

Growing up, Shane McVoy played the big three in sports: football, basketball and baseball.

But when he was 17 years old, his dreams of running the bases, tackling an opponent and dunking a basketball disappeared. He was racing a friend on his motorcycle on a country road in Huntington County when the path came to a T.

McVoy didn’t see the road end, and he crashed, flying into a shed on somebody’s property. He suffered a spinal cord injury and is paralyzed from the middle of his chest down.

After his accident, McVoy, who now uses a wheelchair, went out to his basketball court and tried to shoot a ball. It was pretty hard, and McVoy’s realization that he was not the same athlete was a blow to his confidence.

But then, chance stepped in.

McVoy was at a medical supplies shop when the storekeeper’s son asked him whether he would be interested in meeting some local guys who were trying to get some pickup wheelchair basketball games together.

Flash forward 18 years.

On Sunday, a 39-year-old McVoy led the Fort Wayne Bandits to a victory at the Mid-American Wheelchair Basketball Conference Tournament. The event was held at the Turnstone Center for Children and Adults with Disabilities, 3220 N. Clinton St.

The team, which is undefeated this season, won the tournament for the second year in a row.

The 15-member Bandits team faced off against the Cleveland Cavs, Columbus Buckeye Wheelers, the Moraine Minutemen and Lafayette Spinners at Turnstone’s gymnasium.

The competitiveness, athleticism and bonding brought McVoy, who is not only a player but coordinates the team, back to where he now has more confidence and higher self-esteem.

“It just gave me the team sports thing back,” said McVoy, of Huntington.

The camaraderie of wheelchair basketball also helped Justin Hosler, 31, of Huntington, meet some guys who knew what he was going through.

Hosler has paralysis from the waist down, the result of a car accident 11 years ago when a car came over a hill in Huntington County and struck him head-on.

Before joining the Bandits, Hosler said he knew only three other wheelchair users. Now, he can talk to his teammates about different medical issues and other things on his mind.

The Bandits are mostly adult men with spinal cord injuries, but there is also a player with one leg and another with spina bifida, a birth defect in which the bones of the spine don’t form properly around the spinal cord.

The range of disabilities leads to varying skill levels, with some players having control over more muscles than others, enhancing balance and coordination, Hosler said.

Their victory Sunday is not the end for the Bandits. They’ll compete in more tournaments and eventually travel to Denver for the national tournament, where they placed third last year.

As posted at: www.news-sentinal.com

Representatives of the Fort Wayne Fire Department and Police Department will skate with the Fort Wayne Sled Hockey Team at 6:45 p.m. Monday at McMillen Park Ice Arena.The sled hockey team is preparing to play in the Bob Chase Frostbite Classic invitational tournament Feb. 14 and 15 at McMillen. Admission for Monday’s event is $5.