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.

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As posted at:www.columbiatribune.com

OUR TOWN    Photo and story by NICK KING of the Tribune’s staff

Published Tuesday, September 30, 2008

Mark Ohrenberg sits in goal, with his nephew, Jarrett Pfeiffer, 10, on his lap while Tucker Johnsen, left, and Bev Earley try to score on him during a recent practice.

Mark Ohrenberg sits in goal as team members try to score on him. With his nephew Jarrett Pfeiffer, 10, on his lap, Mark, co-founder of the team and a coach/cheerleader, deflects a shot with his leg. He jokingly taunts the shooter, “No goal! No goal!” Everyone laughs.

From 2 to 4 p.m. every Sunday, members of the power soccer team Driving Force practice at Woodcrest Chapel in Columbia. Driving Force is part of the United States Power Soccer Association, where teams from across the country play power soccer, the first highly competitive sport in which people who use power wheelchairs can participate.

Players’ chairs are equipped with front bumpers that allow them to bump, push, pass and shoot a 13-inch soccer ball at a goal on either end of a basketball court during a four-on-four game. Mark, the youth and family coordinator for Services for Independent Living, and the agency’s executive director, Aimee Wehmeier, started the team after volunteer, MU doctoral student and current team member Romanda Walker brought the sport to their attention.

Ten practices and two months later, the team is on track and gearing up for its first game, tentatively planned for November against one of two St. Louis teams. Mark says the team could use more players; you have to be at least 8 years old and use an electric wheelchair. Also, Driving Force is in need of a regulation-size basketball court for practice as well as sponsors to help with costs, such as the $100-to-$400 chair bumpers, uniforms and the $60-to-$80 soccer balls.

“My main interest is to facilitate these opportunities,” Mark says. “We give people the opportunity to use their skills and their love of soccer to play soccer, to win against other teams, and to meet other people from around the country.”

If you are interested in joining or sponsoring the Driving Force power soccer team, contact Mark Ohrenberg at (573) 874-1646, ext. 216, or at mohrenberg@silcolumbia.org.

As posted at:  www.columbiamissourian.com

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