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, 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.

WHAT:       Ever want to get out and tear it up on the mountain?  Now is your chance!  Join us for this awesome opportunity to participate in adaptive downhill skiing.  There will be 6 different adaptive ski options for folks with visual, spinal cord, neuromuscular, and orthopedic disabilities.  Participants will have the opportunity to engage in three track, four track, mono-ski and bi-skiing!! 

Come have a great time with the RHI Sports Program and experience a thrill you’ve never felt before!

WHO:         Available to all RHI Sports participants that meet one of the adaptive options listed above.  Check out http://www.skimadriver.com/adaptive  for more information on adaptations.

WHEN:       Saturday, February 21^st, 2009 from 9:30am-12:00pm and 1:00pm-3:30pm

COST:        $40 per RHI Sport participant

WHERE:     Mad River Mountain

                         1000 Snow Valley Road

                          Zanesville , Ohio 43360

*For local lodging go to: http://www.skimadriver.com/lodging *

RSVP:         Please contact Pat Dean to register and make your pre-payment by February 15^th, 2009.  Pat can be contacted by e-mail at  rhisp@rhin.com or by phone at (317)329-2281.  Hope to see you there!

You’re Invited To Attend:

2008-2009 RHI Sports Extravaganza!!

Please join RHI Sports as we celebrate the accomplishments of our athletes and the volunteers who help to make it possible!!

Who:  RHI Sports Athletes, Members, Volunteers, & Family

When: Sunday, February 15, (2-7pm)

Where: Indiana State Fairgrounds Grand Hall

              1202 E 38th Street

              Indianapolis, IN 46205   

Event Schedule

2-3pm: Team Orientation

3-5pm: Free Clinic of Boccia Ball, Darts, Cornhole, Wii

3-5pm: Athlete Call Out - A Chance for volunteers and members to  gain new insights into programs offered through RHI Sports.

5-7pm:  RHI Sports Athlete and Volunteer Banquet ($10 per person at the door ) 

RSVP by January 30, 2009.  Please indicate which programs you will be attending and the number of guests who will be accompanying you.  

Call: (317) 329-2281 or Email:  rhisp@rhin.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.indy.com

December 26, 2008 by Gretchen Becker | Star staff

Morgan, an Avon resident, was born with spina bifida, and the birth defect causes the backbone and spinal canal not to close before birth. She has no feeling below her waist, making her a paraplegic.

She gets around her house by “furniture surfing,” using the backs of couches and chairs to get around. But a year ago, she broke her ankle, which hasn’t healed properly, so she’s been confined to a wheelchair and had been using a rickety temporary ramp outside her house.

Brownsburg’s St. Malachy Knights of Columbus built a permanent wooden ramp in front of her house Dec. 13, complete with a red bow for the holidays.

“We couldn’t provide a Lexus, but we could give her a ramp,” said Jack Kline, referring to television commercials where cars are donned with red bows for gifts.

“These people, they want no thanks,” Morgan said. “It’s all about Jesus and helping others. I can’t thank them enough, and I don’t even know who to begin to thank. They made a big, big difference in my life.”

Morgan, 57, is one of the oldest living people with her severity of myelomeningocele spina bifida. Most people don’t live past age 30.

Most people never even attempt to walk.

“I was never told ‘You’ll never walk,’ ” Morgan said. “I pulled myself up naturally.”

She credits her ability to walk to her family who made her walk to school despite her disability.

“I didn’t know there was anything wrong with me,” Morgan said. “They never told me. The more I walked, the stronger it made my legs. To me it was normal.”

But she needs a wheelchair outside the home, and because of the broken ankle that has had trouble healing, she’s limited to only the wheelchair right now.

Morgan has had four surgeries on her ankle, and she couldn’t afford to purchase a permanent ramp.

Rehabilitation Hospital of Indiana, where Morgan receives treatments, helped contact the K of C volunteers, Kline said. Funding for the project came from local racing teams, and Lowe’s gave materials for cost.

Because her ankle wasn’t healing, doctors fused broken bones and created what Morgan calls her “Frankenstein foot.” If this promotes healing, she hopes to get out of her wheelchair, at least inside her home.

“I hope to surf again in my house,” she said.

Saturday, Jan 10, 2009 8:00a to 4:30p

Referee Training Clinic:Anyone wishing to become a certified referee for the USPSA and/or for local games through power soccer of Indy must attend a power soccer referee clinic. Chris Mulholand, USPSA upervisor of Officials and Trainer will be teaching this informative class. The day begins with continental breakfast and classroom training, lunch and then hands on game-training. Please wera appropriate clothing ans court shoes. All participants must register with Power Soccer of Indy. Please email Bedwards@ecommunity.com to reserve your spot or for more infomation. The class will be held at St. Elizabeth Seton Church, Carmel, Indiana.

As posted at: www.spinalcord.org

Rehabilitation Hospital of Indiana announced today that two of its ongoing lines of brain injury research have been awarded a total of $240,000 from the new Indiana Spinal Cord and Brain Injury Research Board. 

RHIs Jacob T. Kean, Ph.D., and his team of investigators will receive $120,000 for research into the involvement of acetylcholine, which is critical to the function of the brain and nervous system, in the rehabilitation phase of recovery following traumatic brain injury (TBI). Among the goals of the study is reduction of the severity of delirium a state of disorientation and confusion after TBI.

In addition, Keans study, titled An Exploration of the Hypocholinergic Hypothesis of Delirium Following Traumatic Brain Injury will also result in a first look at variables that may co-contribute to delirium risk and incidence, along with the effects of greater anticholinergic drug burden. Anticholinergic drugs reduce the effects of acetylcholine and include commonly prescribed medications such as stomach acid blockers.

Samantha Backhaus, Ph.D., is the principal investigator in a study aimed at identifying effective methods of assisting survivors of brain injury and their caregivers in the challenging adaptation required by brain injury, and also in identifying more clearly the reasons why group treatment is effective. She and her fellow researchers will also receive $120,000 for their important work, Brain Injury Coping Skills Group for Improving Self-Efficacy and Adjustment in Individuals with Brain Injury and Their Caregivers.

Our researchers are outstanding, and these awards are further evidence of that fact, said Dr. Jim Malec, research director for RHI. With the help of this funding, we will be able to make significant strides in better understanding brain injury and take steps to improve the lives of people living with disabilities.

The Indiana Spinal Cord and Brain Injury Research Board was created in 2007 by the Indiana General Assembly. One of the main purposes of its funding is to support research related to the treatment and cure of spinal cord and brain injuries, including acute management, medical complications, rehabilitative techniques and neural recovery. Grants from the Board are worth $120,000 each over the course of two years, and although collaborations are encouraged, the research must all be done in Indiana.

We are grateful to the Board for these grants, and share the excitement of so many colleagues across the state that this funding will advance Indianas leadership in understanding neurological injury and its rehabilitation, Malec added.

A community collaboration between Clarian Health and St. Vincent Health, Rehabilitation Hospital of Indiana (www.rhin.com) opened its doors in January 1992 as one of the largest freestanding rehabilitation hospitals in the Midwest. It provides inpatient acute services, and outpatient and vocational rehabilitation services for adults with spinal cord injuries, brain injuries, strokes, amputations, orthopedic conditions, neuromuscular diseases, burns and related disabilities. RHIs Sports Program, which is recognized as among the best in the country, serves hundreds of people with disabilities every year.