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Originally Posted by Bart
Can your brother-in-law get a note from the doctor explaining his need to have constant access to water? This should be enough to be treated as a "non-prescription" medication issue at the checkpoint. To be honest with you, however, the question could be asked why he can't simply have the water that is offered on the airplane. The doctor's note should address this point.
Hope this helps. I would prefer to bring my water on board for an almost 3 hour trip each way. |
Originally Posted by Points Scrounger
But the airlines like it this way? :confused:
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Originally Posted by bethster
Denial of water is a clear violation of the Air Carriers section of the Americans with Disabilities Act. It is what I plan to cite when I sue the TSA (and possibly United and American airlines).
I'd be interested in seeing your citation for this "clear violation". If you're going to sue, you might want to get your statutes straight. The Americans with Disabilities Act Title I is about employment and covers employers with 15 or more employees. Enforcement is effected by filing complaints with the U. S. Equal Employment Opportunity Commission (EEOC). ADA Title II covers public transportation, but not air travel. Complaints go to the Office of Civil Rights, Federal Transit Administration, U.S. Department of Transportation. ADA Title III covers businesses and nonprofit service providers that are public accommodations, including restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. So this includes airports but not airplanes. Title III complaints are filed with the Department of Justice. The Americans with Disabilities Act has no provisions of any kind regarding water, hydration, or nourishment. Here is the full text of the Act. Airlines are covered by the Air Carrier Access Act (14 C.F.R. Part 382), which is not a part of the Americans with Disabilities Act. It doesn't talk about nourishment or hydration either, as its function is to provide equal access. It talks about things like boarding, lavatories, equal access to information, seating accomodations, and attendents. Here is the text of the Act. ETA: I do not post this because I support the TSA ban on liquids, but because I get very tired of people citing the ADA and ACAA when they clearly are unfamiliar with either act. It makes it more difficult for those who need the protections of these acts to even get what the act provides. |
Originally Posted by Bart
It's all in how the doctor writes the note and explains the importance of having constant access to water.
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absolutely
Originally Posted by DeafFlyer
I know that this is reasonable advice, but as a disabled person, I'm getting tired of needing doctors notes for every little thing.
My husband's doc's advice about his eye drops: 'no guaranty the TSA will honor my Rx. Just put the bottle in your pocket and forget you have it.' We are being forced to be sneaky! |
Originally Posted by Cholula
My point is that for those who are seriously stressing about getting essential items confiscated, check the stuff in your freakin' suitcase.
Yeah, the suitcase may not get there exactly when you do but it'll eventually show up and you'll be reunited with your stuff. Trying to get a hard and fast "Yes or No" from TSA isn't going to happen. As Bart and others have stated, there's too much individual TSA discretion nowadays as to what's allowed and what isn't. This BS isn't getting fixed in the short-term so if in doubt, check it rather than lose it. If it's a choice between checking my medicine or not flying I'm not going to fly. |
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Originally Posted by Bart
Hopefully, TSA will be forced to reconsider this ban. It's not fun having to enforce it.
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Originally Posted by Traveller
As frequent flyers, what can we do to force the TSA to reconsider the bans?
In the current climate (paranoia just doesn't do it justice), I would expect more restrictions to be umm.. eased in, not less. The Great American People are thoroughly cowed, the media are actually enjoying this and Congress have their collective thumbs you-know-where. Just keep on 'whining' and I think the picketing idea is an excellent one. The TSA no doubt anticipates riding out any small, inconvenient dissent, all we can do is try to outlast them. |
Originally Posted by Bart
I do not support this ban and believe a more reasonable restriction is possible. My point here is that you are not denied your basic needs or comforts. You just don't have the convenience of carrying these items with you as a general rule. Hopefully, TSA will be forced to reconsider this ban. It's not fun having to enforce it.
First a basic need is hydration – an airline is unable to pack enough water to truly keep all passengers on board hydrated. Many people suffer hydration issues and are unaware of it – I am not! I require and drink a LOT of water every day – it is SPRING water, not what is served on board most airlines. These new regs deny me the comfort of having a beverage I not only prefer but it’s the only type I drink as well as the “need” to address my hydration issues (I end up with diet 7-up or an alcoholic beverage as the only other things I drink from what is available). There are ample reports prior to this idiocy that STRONGLY RECOMMENDED people bring their own water on board to supplement what is provided by the airlines (in my case, for ex-USA trips I totally replace it). Those reports addressed the needs of the passengers to remain sufficiently hydrated and the comfort of ensuring that hydration is available when it was needed. Having the airlines pack a few extra liters hardly addresses this lack now does it, not to mention that the airlines serve those tiny cups of water and the FAs then disappear for the next hour or two – that is totally insufficient to address the needs of most passengers. |
Y prices will go down, F prices will skyrocket as a result of the deplorable onboard restrictions, I predict.
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Originally Posted by bethster
Edited for response to Superguy: yeah, if only because I am madly in love with him! I wonder if Stephen would give these new measures the wag of the finger, or the tip of the hat? ;)
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Originally Posted by Katja
I'd be interested in seeing your citation for this "clear violation".
If you're going to sue, you might want to get your statutes straight. The Americans with Disabilities Act Title I is about employment and covers employers with 15 or more employees. Enforcement is effected by filing complaints with the U. S. Equal Employment Opportunity Commission (EEOC). ADA Title II covers public transportation, but not air travel. Complaints go to the Office of Civil Rights, Federal Transit Administration, U.S. Department of Transportation. ADA Title III covers businesses and nonprofit service providers that are public accommodations, including restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. So this includes airports but not airplanes. Title III complaints are filed with the Department of Justice. The Americans with Disabilities Act has no provisions of any kind regarding water, hydration, or nourishment. Here is the full text of the Act. Airlines are covered by the Air Carrier Access Act (14 C.F.R. Part 382), which is not a part of the Americans with Disabilities Act. It doesn't talk about nourishment or hydration either, as its function is to provide equal access. It talks about things like boarding, lavatories, equal access to information, seating accomodations, and attendents. Here is the text of the Act. ETA: I do not post this because I support the TSA ban on liquids, but because I get very tired of people citing the ADA and ACAA when they clearly are unfamiliar with either act. It makes it more difficult for those who need the protections of these acts to even get what the act provides. |
Originally Posted by Bart
The airlines provide beverages during the flight. You are also free to purchase beverages while inside the concourse. You just can't take them onto the airplane.
I do not support this ban and believe a more reasonable restriction is possible. My point here is that you are not denied your basic needs or comforts. You just don't have the convenience of carrying these items with you as a general rule. Hopefully, TSA will be forced to reconsider this ban. It's not fun having to enforce it. So in a sense, if we're left to the mercy of the airlines, a lot of people aren't going to get the hydration they need. What's one of the biggest things you read about doing on a plane, especially long flights? Movement and hydration. TSA puts the screws to both of those. |
Originally Posted by kaukau
Y prices will go down, F prices will skyrocket as a result of the deplorable onboard restrictions, I predict.
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Originally Posted by Superguy
Y prices are already going down. I've seen some huge price cuts on my destinations on UA and a lot more e-fares being offered.
If there were drastic reductions in loads in direct correlation to the restrictions, we'd be hearing about it from the airlines. |
Originally Posted by LessO2
I think that has more to do with what time of the year it is rather than the TSA idiotic moves.
If there were drastic reductions in loads in direct correlation to the restrictions, we'd be hearing about it from the airlines. |
My Gripe Is Never With TSA Agents Just Doing Their Jobs
Originally Posted by Bart
There is nothing preventing you from carrying your prescription medication with you in carry-on. The issue only pertains to medication that is in liquid, gel or aerosol form. The way around that is, if it's prescription medication, to have the label attached to the medication. The TSA supervisor then needs to make sure that the name on the label matches the name on the boarding pass.
The issue arises when the passenger claims that a liquid, gel or aerosol medication is prescribed by a doctor but has no documentation to prove it. Your choice then is to either place it in checked luggage or to abandon it. It was dumb luck two weeks ago that I had my meds in their bottles. Usually I put them in a week-long pill organizer...saves space. The essential stuff was in their bottles, but I had a pill organizer with Lunesta in it; sometimes I have trouble sleeping when I travel. When I got up to the TSA, the guy pointed to my pill organizer and said, "You can't bring those on, ma'am." I said, "Look, these restrictions just went into effect this morning, this is $100 worth of pills, and look at how they are obviously from a pharmacy." He then took me aside and said quietly, "Move them to the prescription bottle." When I complied, he smiled and said, "There you go! Prescription medication with a label!" :cool: |
Originally Posted by bethster
It was dumb luck two weeks ago that I had my meds in their bottles. Usually I put them in a week-long pill organizer...saves space.
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Whatever
Originally Posted by Katja
I'd be interested in seeing your citation for this "clear violation".
If you're going to sue, you might want to get your statutes straight. The Americans with Disabilities Act Title I is about employment and covers employers with 15 or more employees. Enforcement is effected by filing complaints with the U. S. Equal Employment Opportunity Commission (EEOC). ADA Title II covers public transportation, but not air travel. Complaints go to the Office of Civil Rights, Federal Transit Administration, U.S. Department of Transportation. ADA Title III covers businesses and nonprofit service providers that are public accommodations, including restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. So this includes airports but not airplanes. Title III complaints are filed with the Department of Justice. The Americans with Disabilities Act has no provisions of any kind regarding water, hydration, or nourishment. Here is the full text of the Act. Airlines are covered by the Air Carrier Access Act (14 C.F.R. Part 382), which is not a part of the Americans with Disabilities Act. It doesn't talk about nourishment or hydration either, as its function is to provide equal access. It talks about things like boarding, lavatories, equal access to information, seating accomodations, and attendents. Here is the text of the Act. ETA: I do not post this because I support the TSA ban on liquids, but because I get very tired of people citing the ADA and ACAA when they clearly are unfamiliar with either act. It makes it more difficult for those who need the protections of these acts to even get what the act provides. If any of you would like an eyeful of legal reasons why this stuff is fifty shades of wrong, write to me privately. |
Originally Posted by bethster
If you are going to high-hat me for standing up for my rights as a disabled American, I suggest you become a bit more legally sophisticated first.
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Post deleted. It ain't worth it.
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Originally Posted by Cholula
ANZAC_1915
And as friendly suggestion to those of you who have medical issues and concerns with things that are prohibited. Place this stuff in a checked bag. Yeah, you may have to wait a few minutes with the rest of us at the baggage carousel but it'll save you a stroke/heart attack as you worry whether or not the prohibited items will be confiscated from your carry-ons. I've had terrible luck with checked bags on some airlines (e.g. US). By "terrible" I mean 2 out of the last 3 times I have checked a bag it has taken more than two days after the flight arrived to get my bag. |
Originally Posted by bethster
A bunch of citations that handily win this ridiculous "argument" snipped.
If any of you would like an eyeful of legal reasons why this stuff is fifty shades of wrong, write to me privately.
Originally Posted by bethster
Denial of water is a clear violation of the Air Carriers section of the Americans with Disabilities Act. It is what I plan to cite when I sue the TSA (and possibly United and American airlines).
I am interested in the eyeful (is that a quantity?) of legal reasons, but don't see why it should be private. Thanks. |
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Originally Posted by Katja
Sorry, I got too wordy. Here's what I should have said:
There is no Air Carriers section of the Americans with Disabilities Act. I am interested in the eyeful (is that a quantity?) of legal reasons, but don't see why it should be private. Thanks. I'd also think that you would be a bit more up-to-date on your disability law, seeing how you seem some sort of an expert on the topic. Air Carrier Act is not part of the original act, but it most certainly is its kissin' cousin. "A Guide To Disability Law" http://www.usdoj.gov/crt/ada/cguide.htm http://airconsumer.ost.dot.gov/publi...s/disabled.htm Carriers may not refuse transportation to people on the basis of disability. Airlines may exclude anyone from a flight if carrying the person would be inimical to the safety of the flight. If a carrier excludes a person with a disability on safety grounds, the carrier must provide a written explanation of the decision. Airlines may not require advance notice that a person with a disability is traveling. Carriers may require up to 48 hours’ advance notice for certain accommodations that require preparation time (e.g., respirator hook-up, transportation of an electric wheelchair on an aircraft with less than 60 seats). Other provisions concerning services and accommodations address treatment of mobility aids and assistive devices, passenger information, accommodations for persons with hearing impairments, security screening, communicable diseases and medical certificates, and service animals. The rule applies to all U.S. air carriers providing commercial air transportation. ‘Indirect’ air carriers (e.g. charter operators) are not covered by certain provisions that concern the direct provision of air transportation services. Under "ADA Information Services" Air Carrier Access Act, for questions pertaining to air transportation, call Department of Transportation: Aviation Consumer Protection Division 800-778-4838 (voice) 800-455-9880 (TTY) Internet address http://airconsumer.ost.dot.gov (FWIW, the Department of Transportation volleys these issues back to ADA) http://www.adata.org/whatsada-history.aspx Air Carrier Access Act (ACAA) In 1986 Congress passed the Air Carriers Act which addressed the rights of people with disabilities to the use air transportation. Any individual or private entity that directly or indirectly by lease or other arrangement, engages in air transportation has obligations under the Air Carrier Access Act (ACAA): to operate in a nondiscriminatory manner... ****************** Refusing to accommodate an individual who requires a substantial amount of water that is to be drunk at his or her individual discretion as a result of a chronic illness that he or she may have is clearly discriminatory according to this act. In fact, for people like that gentleman's uncle who is unable to create his own saliva due to cancer, the TSA and airlines are basically telling him and everyone else that he is not permitted to fly simply by virtue of his medical requirements. |
Originally Posted by bethster
First, you're tilting at windmills, here, and being oddly pedantic over phrasing.
Emotionalism and inaccuracy are not, in my (of course limited) experience. |
Originally Posted by Bart
A prescription is a prescription, and all the policy states is that if a liquid, gel or lotion is prescribed by a doctor, then the name on the prescription has to match the name on the boarding pass. Doesn't matter whether or not someone believes that toothpaste can be prescribed; it's none of their business.
Thank you also for helping many of us out on this thread. |
Originally Posted by Bart
The issue arises when the passenger claims that a liquid, gel or aerosol medication is prescribed by a doctor but has no documentation to prove it. Your choice then is to either place it in checked luggage or to abandon it.
What happens when I fly in the US with my asthma inhaler purchased in China where I live. They don't have any perscription lables on them and I'm sure that's true of many other countries as well. Or do people from outside the US simply not get to travel with their meds? I'd think that there would be some leeway for a situation like this, but then again this is the government... |
Just to confirm, satellite phones are okay in a carryon?
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Originally Posted by Katja
I may be pedantic, but it is a quality that is helpful when dealing with bureaucrats, lawyers, courts and statutes. Precision in speaking and writing is the most useful tool to achieve one's goals in that arena.
Emotionalism and inaccuracy are not, in my (of course limited) experience. |
Originally Posted by bethster
That's why God made lawyers, my dear.
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Originally Posted by Bart
Yes they are. They may prompt additonal screening because of their configuration, but that's about it. Same thing happens with GPS devices; they tend to prompt an additional check just because of how they appear on the x-ray. But each is permitted.
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Originally Posted by travelinmanS
What happens when I fly in the US with my asthma inhaler purchased in China where I live. They don't have any perscription lables on them and I'm sure that's true of many other countries as well. Or do people from outside the US simply not get to travel with their meds? I'd think that there would be some leeway for a situation like this, but then again this is the government...
It seems like it never occurred to the TSA that this type of situation could possibly happen. :rolleyes: :td: |
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