Service Animal Fiasco
#31
Join Date: Jan 2000
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Handicapped people have to get permit to park in a handicapped parking space.
Why should people in need of a service animal not have to do something similar?
People should not unnecessarily be subjected to the untrained pets of others in the confined space of an airplane.
#32
Join Date: Jan 2000
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You did NOT say that you and he each had an emotional support animal. You said the HE had two.
P.S. it was a cheap shot on my part, and for that I apologize, I was reacting to your comment that he should have been relegated to the last middle seat.
#33
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That would be the little red triangle in the lower left corner of each post under the poster's name. Click on it to report an abusive post, i.e., a post violative of FlyerTalk standards.
#34
Join Date: Mar 2006
Location: Western PA
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It's not like anyone has alleged that these support animals have caused any inconvenience to other passengers --- other than some confusion among the flight crew about how to handle them, that is. Why would it matter to you what comfort items another passenger chooses to bring aboard?
I asked the purser afterward what the story was. It was the first time I had encountered companion animals like that. He explained the rules. I swear I am not making this part up: he claimed he had recently worked a flight to Hawaii where the person had a companion pony or miniature horse. I have to admit, I am curious how that worked.
#35
Join Date: Nov 2008
Posts: 3,657
But don't just take my word for it.
The Oakland Press
By Jerry Wolffe
September 4, 2008
A federal judge Wednesday ruled in a case involving Northwest Airlines and a Farmington woman that the Americans with Disabilities Act applies to airlines and can be used to require equal treatment for the disabled when traveling.
Link
By Jerry Wolffe
September 4, 2008
A federal judge Wednesday ruled in a case involving Northwest Airlines and a Farmington woman that the Americans with Disabilities Act applies to airlines and can be used to require equal treatment for the disabled when traveling.
Link
Let's take your example. Yes, one is supposed to have a permit to park in a handicapped space. But handicap parking spaces aren't enforced by having a parking authority employee standing next to the parking space 24/7 and checking the ID of anyone who wants to park there. We rely on the honor system, along with periodic random enforcement.
Guess what? That means that, occasionally, people who aren't handicapped park in handicapped parking spaces, depriving those who have a legitimate need for that space. And what's society's response? We live with it --- because the cost enforcing handicap parking permits 24/7 on every handicap parking space everywhere is too high.
#36
Join Date: Sep 2003
Location: Houston
Posts: 8,956
#37
Join Date: Nov 2008
Posts: 3,657
Regardless, I'm not sure the distinction matters. ADA applies to the airline, which uses aircraft. It's the provider that's the issue, not the artifacts.
#38
Join Date: Sep 2003
Location: Houston
Posts: 8,956
My bad, not ACCA but ACAA (Air Carrier Access Act). The ADA does not apply to aircraft so the architectural requirements that are contained in the ADA are not required to be complied with. How many planes have handicap accessible restrooms?
#39
Join Date: Jan 2000
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Rights are always a balancing act. We've all had bad experiences dealing with passengers who disrupt our peaceful existence ... talking, kicking the seat, body odor. There's not an easy answer.
Absolutely wrong. Title III of the ADA applies to any place of public accomodation, which includes transportation facilities.
But don't just take my word for it.
But don't just take my word for it.
The ADA provides an exclusive list of public accommodations. 42 U.S.C. §
12181(7)(G). This list includes a terminal for “specified public transportation.” 42
U.S.C. § 12181(7). The statute explicitly excludes aircraft from the definitions of
“specified public transportation.” 42 U.S.C. § 12181(10). This court previously held that
private airport terminals and facilities related to air transportation are not considered
places of public accommodation under Title III, and are not proper subjects for a private
cause of action. (September 2, 2008 Order, doc. 16). Airport terminals and facilities
related to air transportation are instead covered by the ACAA. The ACAA is a pre-ADA
disability access statute.
12181(7)(G). This list includes a terminal for “specified public transportation.” 42
U.S.C. § 12181(7). The statute explicitly excludes aircraft from the definitions of
“specified public transportation.” 42 U.S.C. § 12181(10). This court previously held that
private airport terminals and facilities related to air transportation are not considered
places of public accommodation under Title III, and are not proper subjects for a private
cause of action. (September 2, 2008 Order, doc. 16). Airport terminals and facilities
related to air transportation are instead covered by the ACAA. The ACAA is a pre-ADA
disability access statute.
And, yes, the airlines can set whatever policy they want. But they can conveniently say "well, we've chosen to use the ADA's definitions", and make their own lives much easier.
Have you read all the articles about how TDCs can't recognize all the forms of ID they're required to by law? Yes, we're talking about the airlines, not TSA, but I don't have any more confidence in airline employee's ability to distinguish between a valid and an invalid service animal certification.
When I was [much] younger, I had a 20-foot, 200-pound, Burmese python. Seriously. How would you like it if I was seated next to you with him wrapped around me as an "emotional support" animal?
But you're asking for much more beyond that.
Let's take your example. Yes, one is supposed to have a permit to park in a handicapped space. But handicap parking spaces aren't enforced by having a parking authority employee standing next to the parking space 24/7 and checking the ID of anyone who wants to park there. We rely on the honor system, along with periodic random enforcement.
Let's take your example. Yes, one is supposed to have a permit to park in a handicapped space. But handicap parking spaces aren't enforced by having a parking authority employee standing next to the parking space 24/7 and checking the ID of anyone who wants to park there. We rely on the honor system, along with periodic random enforcement.
Guess what? That means that, occasionally, people who aren't handicapped park in handicapped parking spaces, depriving those who have a legitimate need for that space. And what's society's response? We live with it --- because the cost enforcing handicap parking permits 24/7 on every handicap parking space everywhere is too high.
The bottom line to your argument is that you think people should be trusted to comply with the law. Well, they don't. So you need enforcement. Enforcement in this case would require showing your compliance card to board an aircraft with an animal. Yes...that is so extreme.
#40
Join Date: Jan 2000
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And you are wrong on the ADA.
#41
Join Date: Nov 2008
Posts: 3,657
Let's take your example. Yes, one is supposed to have a permit to park in a handicapped space. But handicap parking spaces aren't enforced by having a parking authority employee standing next to the parking space 24/7 and checking the ID of anyone who wants to park there. We rely on the honor system, along with periodic random enforcement.
Yes, there's a law against parking in a handicapped parking space in my state too --- with huge fines. And you know what happens? People park in handicap spaces occasionally without the proper permit and don't get fined.
We don't post cops next to every handicap parking space and verify that every person who parks in every handicap parking space at every moment in time has the proper permits. We rely on random enforcement, and the good will of most people not to park in those spaces (or perhaps the fear of getting caught).
Very well; I concede my error on that point.
#42
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
The bottom line to your argument is that you think people should be trusted to comply with the law. Well, they don't. So you need enforcement. Enforcement in this case would require showing your compliance card to board an aircraft with an animal. Yes...that is so extreme.
#43
Moderator: Hilton Honors, Practical Travel Safety Issues & San Francisco
Join Date: Jan 2001
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The RBP button
Thanks for asking!
squeakr
co Mod TS/S
#44
Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
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#45
Join Date: Jan 2000
Location: London; Bangkok; Las Vegas
Programs: AA Exec Plat; UA MM Gold; Marriott Lifetime Titanium; Hilton Diamond
Posts: 8,745
Thanks for ignoring my whole statement. Let me quote myself again:
Yes, there's a law against parking in a handicapped parking space in my state too --- with huge fines. And you know what happens? People park in handicap spaces occasionally without the proper permit and don't get fined.
We don't post cops next to every handicap parking space and verify that every person who parks in every handicap parking space at every moment in time has the proper permits. We rely on random enforcement, and the good will of most people not to park in those spaces (or perhaps the fear of getting caught).
Yes, there's a law against parking in a handicapped parking space in my state too --- with huge fines. And you know what happens? People park in handicap spaces occasionally without the proper permit and don't get fined.
We don't post cops next to every handicap parking space and verify that every person who parks in every handicap parking space at every moment in time has the proper permits. We rely on random enforcement, and the good will of most people not to park in those spaces (or perhaps the fear of getting caught).
There is also no random enforcement. There is minimal enforcement of almost non-existent standards.
No, that's not my bottom line. There are different ways to enforce the law. Some laws are enforced through involuntary compliance; others are enforced through voluntary compliance. Each has benefits and costs which must be balanced.
Papers, please ...
You mean like the papers you have to show when stopped driving your car? Or the papers you have to show when flying internationally?
There is abuse of the system. Everyone knows it and it affects other passengers. It is just so terrible, isn't it, to require compliance with standards before you bring a loose animal into the passenger compartment of a plane?
I note you didn't respond to my query about my pet python...