TSA Adjusting Prohibitions/Designated "Ask Bart" Thread
#391
Suspended
Join Date: Aug 2006
Posts: 38
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.
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.
#392
Join Date: Sep 2004
Location: DEN
Posts: 1,962
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.
#393
Join Date: Aug 2006
Posts: 6
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.
#394
FlyerTalk Evangelist




Join Date: Feb 2003
Posts: 11,261
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...
#397
Suspended
Join Date: Aug 2006
Posts: 38
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.
Emotionalism and inaccuracy are not, in my (of course limited) experience.
#398
FlyerTalk Evangelist




Join Date: Jan 2005
Location: BWI
Programs: AA Gold, HH Diamond, National Emerald Executive, TSA Disparager Gold
Posts: 15,180
Originally Posted by bethster
That's why God made lawyers, my dear.
#399
FlyerTalk Evangelist


Join Date: Jul 2001
Location: America's Finest City
Posts: 11,121
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.
#400
Join Date: Dec 2002
Location: CVG
Programs: SQ PPS, DL Gold Medallion
Posts: 2,508
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.
#401
FlyerTalk Evangelist




Join Date: Oct 2004
Location: MUC/LAX/SMV
Programs: LH, UA, BD, AA, NW, FB, NH, AC, Sixt, Hertz, Avis, *W, HH, Marriott, PC, Leaders Club, AMEX
Posts: 12,406
Originally Posted by MovieMan
It seems like it never occurred to the TSA that this type of situation could possibly happen.

#402
Join Date: Aug 2006
Posts: 6
By the way, no issues with my "oral medication" (prescription toothpaste) flying out of SEA today. I put it in a clear plastic zip-loc with my other medications, labels all clearly displayed and put it outside of my bag in the plastic tote with my shoes for going through x-ray.
#403
Original Member




Join Date: May 1998
Location: PDX
Programs: TSA Refusenik charter member
Posts: 16,127
Glad to hear about the Rx dental paste. I've got Rx rinse and you better believe I'm going to trot out all 16 oz. of it on board along with my toothbrush after meals. I refuse to play along with these sick little Kabuki moves. @:-)
#404




Join Date: Dec 2004
Location: PHL
Programs: Marriott LTT, Amtrak Select, Hertz 5*, AA Gold, IHG Plat, National Exec
Posts: 1,314
The TSA is completely inept
I flew today on the first business trip since all of this started. In my carry-on I had:
1) A non-prescription nasal spray
2) Prescription eye drops
3) Prescription ointment
4) Prescription nasal spray
I was not asked about any of these items. If the TSA was doing its supposed "job" (and I do use the term lightly), it seems to me that they should have inspected these items to ensure that they were in fact properly labeled with prescriptions (which they were). The fact that the TSA did not do this would seem to be an indication that they were unaware such items were in my luggage. This really helps to instill confidence that they would be able to find an explosive liquid or gel.
While I do think that the new rules are absurd, I also think that if you are going to have rules (no matter how absurd) they should be uniformly applied to everyone. If this was the case, I think I would have received closer scrutiny today.
1) A non-prescription nasal spray
2) Prescription eye drops
3) Prescription ointment
4) Prescription nasal spray
I was not asked about any of these items. If the TSA was doing its supposed "job" (and I do use the term lightly), it seems to me that they should have inspected these items to ensure that they were in fact properly labeled with prescriptions (which they were). The fact that the TSA did not do this would seem to be an indication that they were unaware such items were in my luggage. This really helps to instill confidence that they would be able to find an explosive liquid or gel.
While I do think that the new rules are absurd, I also think that if you are going to have rules (no matter how absurd) they should be uniformly applied to everyone. If this was the case, I think I would have received closer scrutiny today.
#405
FlyerTalk Evangelist


Join Date: Aug 2001
Location: RSW
Programs: HHonors - Diamond; IHG - Diamond; Marriott Bonvoy - Platinum
Posts: 14,289
May I ask a question?
Could the baddies re-fill a prescription container with nasties?
Last edited by Points Scrounger; Aug 28, 2006 at 3:49 pm

