TSA vs ADA
#16
Suspended
Join Date: Dec 2012
Programs: A3, AA. Plasticy things! That give me, y'know, Stuff!
Posts: 6,293
If ever there was something ACLU should be getting their teeth into, it's this one.
#18
Join Date: Dec 2012
Location: BOI, et. al
Programs: UA Premier 1k, Marriott Platinum Elite, Star Alliance Gold, SPG Platinum, Yelp Elite
Posts: 219
The ultimate client with the ACLU is always the Bill of Rights, so the kind of plaintiffs we got when I was working there usually had broader goals. Further, the boards of each chapter decide what kind of cases the ACLU will take, and those are people from your community, so the priorities of each ACLU chapter reflects the concerns of the community, which might not necessarily be the TSA. You can imagine there's a lot of people with a lot of grievances and so usually you see the ACLU will go after the issues that are of most concern to the local community and will do the most good for the most people in preserving people's rights.
There's no end to the work, and the resources are extremely limited. It's not like Uncle Sam gives us a stipend so we can keep him honest.
#19


Join Date: Nov 2007
Location: USA
Posts: 1,688
Passenger is speaking in calm, moderated tones.
Manager says 'can you calm down here'.
This is common tactic in my experience; I become even more calm, quiet, and exacting in my speech when stressed, yet I am often told to 'calm down' when I try and point out something (such as when I explain that I am medically unable to use the MMW, but am told that I am 'opting out')
Using that phrase makes it sound as if the passenger is behaving inappropriately, which isn't the case.
Manager says 'can you calm down here'.
This is common tactic in my experience; I become even more calm, quiet, and exacting in my speech when stressed, yet I am often told to 'calm down' when I try and point out something (such as when I explain that I am medically unable to use the MMW, but am told that I am 'opting out')
Using that phrase makes it sound as if the passenger is behaving inappropriately, which isn't the case.
I see the thread title says "ADA," but would a lot of the concerns here be covered in the Air Carrier Access Act?
#20


Join Date: May 2007
Posts: 204
IANAL, but I thought that the Air Carrier Access Act only applies to the airlines and their contractors. The Act does cover security screening but it appears (from my reading) that this refers only to airline-provided screening, which is no longer applicable in the post-9/11 world.
Would be curious to read what the FT legal experts have to say.
#21
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,971
I love throwing them for a loop by being the first to use the "please calm down sir/ma'am" routine because really, "there's no need for you to get worked up about this, kindly calm down please."
I see the thread title says "ADA," but would a lot of the concerns here be covered in the Air Carrier Access Act?
I see the thread title says "ADA," but would a lot of the concerns here be covered in the Air Carrier Access Act?
14 CFR Part 382
Nondiscrimination on the Basis
of Disability in Air Travel
http://airconsumer.dot.gov/rules/382short.pdf
#22


Join Date: Nov 2007
Location: USA
Posts: 1,688
Is this the same act as you mention?
14 CFR Part 382
Nondiscrimination on the Basis
of Disability in Air Travel
http://airconsumer.dot.gov/rules/382short.pdf
14 CFR Part 382
Nondiscrimination on the Basis
of Disability in Air Travel
http://airconsumer.dot.gov/rules/382short.pdf
#23




Join Date: Dec 2010
Posts: 962
FYI: http://www.flyertalk.com/forum/pract...it-vs-tsa.html
This round is purely about FOIA & Privacy Act, but it's a prelude to the next round which'll be under 1983/Bivens, ADA / Rehabilitation Act, 1st & 4th Amendment, etc.
I don't have a cause of action against the TSA under the ACAA; as mentioned above, the ACAA (a) is about airlines, and (b) doesn't provide for any civil liability to the individual (only to the government).
This round is purely about FOIA & Privacy Act, but it's a prelude to the next round which'll be under 1983/Bivens, ADA / Rehabilitation Act, 1st & 4th Amendment, etc.
I don't have a cause of action against the TSA under the ACAA; as mentioned above, the ACAA (a) is about airlines, and (b) doesn't provide for any civil liability to the individual (only to the government).
Last edited by saizai; Mar 23, 2014 at 6:35 pm


