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

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

SATURDAYCourt 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

SATURDAYCourt 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

SaturdayCourt 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

SaturdayCourt 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

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 

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.

“Homeward Bound: John Mellencamp,” a new documentary from Philadelphia-based Stage 3 Productions (a subsidiary of Center City Film and Video), premieres at 9 tonight on the Biography Channel.

The film, which traces the singer-songwriter’s career from its roots in Seymour, Ind., the small town where he was born, with spina bifida, in 1951, boasts extensive interviews with Mellencamp and with those who know him, including former band members who chose a different path from the guy once known - to his embarrassment and theirs - as “Johnny Cougar.”

There’s not a lot of personal dishing of the “E! True Hollywood Story” sort, but “Homeward Bound” does a nice job of showing how record companies shape our perception of their artists, and what it took Mellencamp to get that Cougar off his back.

In any case, Mellencamp fans won’t want to miss the included concert, filmed at an Indiana theater where he’d performed 30 years earlier. *

Posted on January 12, 2009. Filed under: Uncategorized |

The top two Junior wheelchair basketball programs (Turnstone Flyers & Sterling Heights Challengers) in the Midwest Conference will play head-to-head this Saturday, January 17, 2009 @ Turnstone (3320 North Clinton Street. Fort Wayne, IN 46805). Admission is FREE. 

Saturday, January 17, 2009 schedule:10:00am  Prep Flyers vs. Prep Challengers 

11:30am  Varsity Flyers vs. Varsity Challengers 

1:15pm    Prep Flyers vs. Prep Challengers

2:45pm    Varsity Flyers vs. Varsity Challengers

*All start times are estimates.  Each game will begin directly after the previous game with a 10 min. warm-up time.