Originally Posted by Baze
(Post 24809495)
Don't remember reading anywhere in the ADA that hot food needs to be made available. There are certain things the ADA does require, like wheelchair access but it says no where that hot food has to be made available. And that is what I got out of the persons statement you rudely called the dumbest thing you ever read. For things beyond the scope of the ADA the caregiver most definitely does need to be prepared and shouldn't expect everyone around them to go beyond the scope of the ADA.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm Q. What are public accommodations? A. A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations. /snip/ Q. Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities? A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation will be permitted to establish objective safety criteria for the operation of its business; however, any safety standard must be based on objective requirements rather than stereotypes or generalizations about the ability of persons with disabilities to participate in an activity. |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm I'm certainly not a lawyer, but I think UA made reasonable accommodations. They provided a hot meal. I'm not sure how they could have reasonably been prepared for that. And it isn't like they left the passengers stranded in a desert. They landed in SLC and put them on a flight to their destination. You seem to be saying the only reasonable accommodation was to do whatever the parents asked, continue the flight despite a verbal safety threat. I'm struggling a little to understand how UA could have anticipated this without the mother warning them prior to boarding the plane. |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm http://airconsumer.ost.dot.gov/publi...s/horizons.htm Planning Your Trip The New Traveling Environment THE AIR CARRIER ACCESS RULES SWEEP aside many restrictions that formerly discriminated against passengers with disabilities: A carrier may not refuse transportation to a passenger solely on the basis of a disability. Air carriers may not limit the number of individuals with disabilities on a particular flight. All trip information that is made available to other passengers also must be made available to passengers with disabilities. Carriers must provide passage to an individual who has a disability that may affect his or her appearance or involuntary behavior, even if this disability may offend, annoy, or be an inconvenience to crew-members or other passengers. There are a few exceptions: The carrier may refuse transportation if the individual with a disability would endanger the health or safety of other passengers, or transporting the person would be a violation of FAA safety rules. |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm Forgetting all of that, apparently the flight attendant offered a "hot sandwich" that "arrived cold" (or so says the mother) and the daughter continued to throw a tantrum after offering the "hot sandwich". Then the mother says that the daughter, who is in an agitated state, may scratch (read: assault) other people. The father admits the daughter was still in a tantrum at this point. The mom tried to get dramatic and made the impression upon the FA that the daughter was a threat to her own safety and/or other passengers. |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm What if the flight had no hot food whatsoever? Is UA required to carry "emergency" hot food in case there might be a passenger who needs it? I can guarantee that the answer to that is "no." As a result, being required to carry F class hot food in surplus, simply because a passenger in Y might need it, is not a "reasonable accommodation." This is particularly the case when the issue could have been resolved by the mother carrying hot food. What if mom had said that her daughter has a meltdown when she gets claustrophobic - would she have been entitled to an F seat with more space? No, of course not, and even Mom would have never asked for that (I would hope). This has nothing to do with autism sensitivity, and everything to do with poor planning by the parents and mom's litigation-centric entitlement personality. I'm stunningly sensitive to parents who travel with special needs kids, and flights to/from Orlando (and their connections) are heavily traveled by families with special needs, because the Disney parks are ideally set up for those families. That doesn't mean, however, that parents don't have an obligation to plan appropriately for those trips. Greg |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm And they did provide a hot meal, they took one from F or a crew member. Above the required. And they only denied them service when it became a threat which happened when the mother said the child would become violent. Are you saying they have to accommodate at the expense of everyones safety when a person of needs becomes violent? They did not divert and have them deplane because the child was autistic, they did it because the mother proclaimed the child would get violent and could hurt someone. |
Originally Posted by Cargojon
(Post 24810149)
See below. In actuality they are required to provide a reasonable accommodation. And the "passenger safety" argument is invalidated by their failure to do so.
This is where UA fails and this is why they were wrong. Taken from http://www.ada.gov/qandaeng.htm |
Scratching doesnt mean violent
She most probably meant the kid was going to start scratching herslef. That's what nervous or kids with special compulsions do. They don't go looking for someone else to scratch in other rows. If everyone in charge stopped looking for drama, then they would understand that. as I have said, the mother does seem to be a little bit of an self entitled lady judging by her facebook postings. Still, I keep reading throughout this thread about "threats". Give me a break.
And it seems obvious the FAs were ready to kick them out as they were serving the hot meal. Again, my question to the mother was what if the airline didn't have a hot meal. So I am not letting her off the hook fully. But the way things unfolded, no matter what I think of the mother's behavior, the airline overreacted and wasted a lot of people's time. EDIT: Looks like they meant scratching others too judging by her scratching of her father. Still, I don't think she would have scratched someone in a different row. If I am sitting in the next row, my preference would be to reach Portland ASAP, not worry about some kid trying to get out of her row to come scratch me. |
Anyone else remember the thread a while back when a deaf passenger claimed that the airlines would be in violation of ADA because they wouldn't let him sit in an exit row?
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I don't think ordering a special meal in advance would have been an option. First of all, hot isn't a category that one can pick. Secondly, you can't request a special meal for a flight that doesn't have meal service in your confirmed cabin. Finally, AFAIK USA carriers now only offer special meals on especially long, primarily international (and maybe Hawaii? maybe the nonstop transcon p.s. flights?) routes, not on normal domestic flights.
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Originally Posted by saneman
(Post 24810650)
She most probably meant the kid was going to start scratching herslef. That's what nervous or kids with special compulsions do. They don't go looking for someone else to scratch in other rows. If everyone in charge stopped looking for drama, then they would understand that. as I have said, the mother does seem to be a little bit of an self entitled lady judging by her facebook postings. Still, I keep reading throughout this thread about "threats". Give me a break.
And it seems obvious the FAs were ready to kick them out as they were serving the hot meal. Again, my question to the mother was what if the airline didn't have a hot meal. So I am not letting her off the hook fully. But the way things unfolded, no matter what I think of the mother's behavior, the airline overreacted and wasted a lot of people's time. |
Originally Posted by saneman
(Post 24810650)
She most probably meant the kid was going to start scratching herslef. That's what nervous or kids with special compulsions do. They don't go looking for someone else to scratch in other rows.
Frustrated I said, after she has a melt down and tries to scratch in frustration, will you help her then? I think one paragraph in Mom's FB post is really telling: This was a sheer case of ignorance. Prejudice, ignorance and mistreatment are all too common toward people facing poverty. The parallels between special needs and poverty are striking in that both are causes for judgement, misunderstanding and mistreatment. Greg |
Originally Posted by Baze
(Post 24810716)
She was quoted as saying in one of the articles the child may scratch someone. That is a direct threat that the child could start hurting someone else. And in the article some people were on the families side and others were on UA's side. I am not going to take sides as I wasn't there and most likely you weren't either.
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correction on scratching
OK, I need to expand the scratching to include the family around her. I still doubt she would have been seeking people outside her immediate vicinity to make physical contact with. She probably considers her and her parents to be of the same "space".
EDIT: I just saw the video. Looks like she did scratch her dad. |
Originally Posted by saneman
(Post 24810734)
OK, I need to expand the scratching to include the family around her. I still doubt she would have been seeking people outside her immediate vicinity to make physical contact with. She probably considers her and her parents to be of the same "space".
EDIT: I just saw the video. Looks like she did scratch her dad. That's what happened. The captain then made a decision to divert. In the world of air travel, when there's any potential of danger to passengers, you err on the side of caution. The fact that you feel the child probably wouldn't have scratched others is totally irrelevant. If the FA or captain did, they need to act. |
Originally Posted by saneman
(Post 24810650)
She most probably meant the kid was going to start scratching herslef. That's what nervous or kids with special compulsions do. They don't go looking for someone else to scratch in other rows. If everyone in charge stopped looking for drama, then they would understand that. as I have said, the mother does seem to be a little bit of an self entitled lady judging by her facebook postings. Still, I keep reading throughout this thread about "threats". Give me a break.
"Juliette was beginning to cry," Beegle said. "I said, after she has a melt down and tries to scratch in frustration, will you help her then?" Self-injurious behavior, such as scratching, is often exhibited by people with developmental disabilities as a result of frustration, according to the Autism Research Institute. The attendant eventually brought Juliette a hot meal from First Class. The plane then made an unexpected landing in Salt Lake, where two paramedics boarded the plane. Beegle said she told flight attendants that her daughter was about to have a tantrum, and that she could scratch someone. |
Even if the kid just injures herself, it could become a medical emergency if sufficiently severe.
|
Originally Posted by phltraveler
(Post 24810797)
So in different articles the Mom says she indicated the daughter would self-injure via scratching or would scratch others (unprovoked physical contact that causes pain/wounds, however superficial, is considered assault + battery & could leave UA liable to claims from other passengers) if her tantrum continued.
The mother herself, in the links you provided, isn't clear. In an unclear situation, you can either a) ignore it and wait for clarity, or b) take the most cautious approach to avoid an escalation. As a customer, I always want United to take the cautious approach in safety situations. Sometimes that means you upset a few people. |
Originally Posted by Cargojon
(Post 24809415)
Lol this possibly the dumbest thing I've read on here in a long time. Special needs not the sole responsibility of those afflicted with them or caring for them. You are saying in effect that wheelchair ramps are the problem of the person in the wheelchair... What you have said completely flies in the face of the ADA.
Originally Posted by SuzanneSLO
(Post 24809747)
In some accounts, the Mom states that the family had dinner before the flight but that the daughter was unwilling to eat anything. If Mom decided that daughter should not get on the plane until she had a meal, would United have accommodated them on a later flight from Houston? -- Suzanne
Originally Posted by phltraveler
(Post 24810490)
14 CFR Part 382.11 does not require airlines to provide food as a service to passengers with disabilities on an aircraft. United's policy is that special meals require 24 hours notice. If a hot meal was a requirement for safe transportation, then the parents should have requested it in advance with appropriate warning for United to accommodate, asked for a later flight, or taken hot food from the terminal on board the aircraft.
There's no special meal for "hot meal" listed on their website, so I'm not sure UA could even provide one.
Originally Posted by MSPeconomist
(Post 24810703)
I don't think ordering a special meal in advance would have been an option. First of all, hot isn't a category that one can pick. Secondly, you can't request a special meal for a flight that doesn't have meal service in your confirmed cabin. Finally, AFAIK USA carriers now only offer special meals on especially long, primarily international (and maybe Hawaii? maybe the nonstop transcon p.s. flights?) routes, not on normal domestic flights.
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Originally Posted by phltraveler
(Post 24810797)
Link
Link 2 So in different articles the Mom says she indicated the daughter would self-injure via scratching or would scratch others (unprovoked physical contact that causes pain/wounds, however superficial, is considered assault + battery & could leave UA liable to claims from other passengers) if her tantrum continued. The Mom did everything wrong and continues to do so. UA was correct. The more I read about the woman the more I feel sorry for her family. |
Originally Posted by MSPeconomist
(Post 24810625)
ADA doesn't apply to airlines. They're covered by ACAA.
http://airconsumer.ost.dot.gov/ACAAcomplaint.htm |
Originally Posted by Cargojon
(Post 24810981)
Originally Posted by MSPeconomist
(Post 24810625)
ADA doesn't apply to airlines. They're covered by ACAA.
http://airconsumer.ost.dot.gov/ACAAcomplaint.htm |
Originally Posted by Cargojon
(Post 24810981)
What section of either ACAA or ADA states either: 1. Hot meals must be provisioned and provided upon request (or a general passage that would cover this)? 2. Any request by a care giver must be satisfied? |
I'll admit I didn't read the 20 pages of comments, but in my view, by diverting the plane both parties lost. UA lost money (extra fuel, misconnects etc), and the pax lost by having to take another flight etc.
Situation could've easily been avoided. Some common sense on either side could've avoided this whole thing. I myself blame mostly UA, bc seems like the situation was already under control when the kid was given his hot meal. I'd be upset with UA if I was on that plane and had to misconnect bc of this. Not saying parents aren't without fault here. But UAs actions made everyone lose. |
Originally Posted by MSPeconomist
(Post 24810703)
I don't think ordering a special meal in advance would have been an option. First of all, hot isn't a category that one can pick. Secondly, you can't request a special meal for a flight that doesn't have meal service in your confirmed cabin. Finally, AFAIK USA carriers now only offer special meals on especially long, primarily international (and maybe Hawaii? maybe the nonstop transcon p.s. flights?) routes, not on normal domestic flights.
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Originally Posted by Loren Pechtel
(Post 24811437)
Agreed. She couldn't have ordered it but her parents certainly could have put hot food in an insulated bag.
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Originally Posted by mbarreto
(Post 24811425)
I'll admit I didn't read the 20 pages of comments, but in my view, by diverting the plane both parties lost. UA lost money (extra fuel, misconnects etc), and the pax lost by having to take another flight etc.
Situation could've easily been avoided. Some common sense on either side could've avoided this whole thing. I myself blame mostly UA, bc seems like the situation was already under control when the kid was given his hot meal. I'd be upset with UA if I was on that plane and had to misconnect bc of this. Not saying parents aren't without fault here. But UAs actions made everyone lose. |
Originally Posted by mbarreto
(Post 24811425)
I myself blame mostly UA, bc seems like the situation was already under control when the kid was given his hot meal. I'd be upset with UA if I was on that plane and had to misconnect bc of this.
I really doubt many (any?) were connecting from PDX onward. |
Originally Posted by JBord
(Post 24809376)
I just don't believe this is a training issue. Despite all the customer service training in the world, when a human being is faced with a stressful situation (howling child that had already scratched her father, demanding mother, and a threat that the child might attack other passengers), they sometimes just react.
Proper training is how instinctual reactions are overcome in stressful situations to get good outcomes. No teenager working retail would survive more than a week without the capacity to grin and bear the difficult customers. This is achieved through training. Frankly, I hold airlines and FAs to a higher standard here. Recognize that I'm failing UA's training as being unable to overcome the human instincts for both sides of the conversation. UA cannot expect its customers to be trained on how to handle their staff. Don't get me wrong; it takes two to tango, but the FA is the professional when it comes to customer service and safety. This needlessly escalated beyond what should have been possible. I would also assume that the many thousands of autistic passengers who fly daily, with and without caregivers, receive good service and appropriate accomodations on UA and other airlines. It is probably safe to assume that FA's training is generally appropriate for most cases. But, unless I conclude the FA here went completely rogue, I do think training failed them in this instance. Less seriously, I might suggest that, as seasoned UA passengers, forum participants have become well trained at handling difficult customer service professionals and therefore feel a greater duty should be placed on passengers. I'm sure some of us have wanted to let loose with tirades that would get us tossed from a plane. So much better we know to save it for flyertalk. |
Originally Posted by Baze
(Post 24811451)
Doubt that would have worked. It stated in the article the child would only eat it if it was steaming hot, with steam rising off the food. Warm food would not work. No insulated bag I have ever seen will keep food that hot for anywhere near long enough.
Ditto if some other person with autism expects a hot fudge sundae at whatever moment he wants it. Inside a metal tube at 30,000 feet is not the time to expect "have it your way" food service. |
Originally Posted by MSPeconomist
(Post 24811475)
Actually one could argue that the family won by being rebooked from UA to DL, but other DL passengers could have lost big time if the kid had continued to howl and decided to scratch some strangers.
The passengers and United lost. |
Originally Posted by Cargojon
(Post 24809415)
Lol this possibly the dumbest thing I've read on here in a long time. Special needs not the sole responsibility of those afflicted with them or caring for them. You are saying in effect that wheelchair ramps are the problem of the person in the wheelchair... What you have said completely flies in the face of the ADA.
I think it is you that doesnt get that accessibility is a societal problem. |
Originally Posted by NewportGuy
(Post 24811956)
Not sure the reason for the insult, but if you would reread my post, I mentioned the "special" needs of her daughter, not the societal accommodations you mentioned. It is NOT out of line to expect the Mother to have requested this hot meal (hardly something a flight attendant could anticipate) while on the ground, or she should have brought a hot meal aboard with her. The Mother created the difficult situation, introduced the possibility of her daughter turning violent, and is now crying "bigotry and hate". That IS out of line.
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Originally Posted by Cargojon
(Post 24812254)
I wasn't insulting you personally, merely stating that I found your post to be very largely factually incorrect. My apologies if my comment came across differently.
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Originally Posted by BlueMilk
(Post 24811722)
I'll agree to disagree on this point.
Proper training is how instinctual reactions are overcome in stressful situations to get good outcomes. I don't think that changes the situation much, since I'm not entirely sure the FA didn't handle it well. We don't have all the facts regarding the interactions between FA and passengers. We have very little information on what happened before the request for a hot meal. Regardless of how the situation escalated, I still believe the FA was obligated to inform the captain. UA's captains have kept me safe for many years, and I'm not about to start questioning their decisions based on this incident. |
Originally Posted by JBord
(Post 24812422)
Actually, I think we can simply agree on this particular point. While the human element comes into play, your point is valid that proper training can help.
I don't think that changes the situation much, since I'm not entirely sure the FA didn't handle it well. We don't have all the facts regarding the interactions between FA and passengers. We have very little information on what happened before the request for a hot meal. Regardless of how the situation escalated, I still believe the FA was obligated to inform the captain. UA's captains have kept me safe for many years, and I'm not about to start questioning their decisions based on this incident. I hope I've been careful to not unfairly judge the FA or Captain. It's entirely possible, even probable, that their reactions are wholly consistent with the limits of their training and that they therefore handled it well. My argument is that more robust training (and accompanying empowerment) in accomodating disabilities (and difficult parents) could have prevented a costly diversion, angry/humiliated passengers and a PR nightmare. |
Originally Posted by BlueMilk
(Post 24812996)
We may then get total agreement.
I hope I've been careful to not unfairly judge the FA or Captain. It's entirely possible, even probable, that their reactions are wholly consistent with the limits of their training and that they therefore handled it well. My argument is that more robust training (and accompanying empowerment) in accomodating disabilities (and difficult parents) could have prevented a costly diversion, angry/humiliated passengers and a PR nightmare. Think if we go back to the root of the problem and where it all started, one has to question the mother and the FA (eyes rolling/attitude problem)....I don't want to pick on UA cabin crew but...you can get some of the worst characters in the aviation industry on UA and Delta who create unneccessary problems that potentially on other airlines are solved with listening to the passenger and getting the problem solved with a smile and a 'sure, let me do that for you.' |
Originally Posted by saneman
(Post 24810650)
She most probably meant the kid was going to start scratching herslef. That's what nervous or kids with special compulsions do. They don't go looking for someone else to scratch in other rows. If everyone in charge stopped looking for drama, then they would understand that. as I have said, the mother does seem to be a little bit of an self entitled lady judging by her facebook postings. Still, I keep reading throughout this thread about "threats". Give me a break.
And it seems obvious the FAs were ready to kick them out as they were serving the hot meal. Again, my question to the mother was what if the airline didn't have a hot meal. So I am not letting her off the hook fully. But the way things unfolded, no matter what I think of the mother's behavior, the airline overreacted and wasted a lot of people's time. EDIT: Looks like they meant scratching others too judging by her scratching of her father. Still, I don't think she would have scratched someone in a different row. If I am sitting in the next row, my preference would be to reach Portland ASAP, not worry about some kid trying to get out of her row to come scratch me. As for customer service, there are hundreds of passengers on the plane. The level of customer service of the airline isn't just how the family at the centre of this were handled, but the overall service level for all passengers on the plane. And IMHO keeping passengers safe is a higher priority than keeping them happy. Given that United booked the family onto another flight, allowing time for appropriate preparations to be made, I do think that United went the extra mile on this.
Originally Posted by wolf72
(Post 24813079)
Think if we go back to the root of the problem and where it all started, one has to question the mother and the FA (eyes rolling/attitude problem)....I don't want to pick on UA cabin crew but...you can get some of the worst characters in the aviation industry on UA and Delta who create unneccessary problems that potentially on other airlines are solved with listening to the passenger and getting the problem solved with a smile and a 'sure, let me do that for you.'
Originally Posted by MSPeconomist
(Post 24811475)
Actually one could argue that the family won by being rebooked from UA to DL, but other DL passengers could have lost big time if the kid had continued to howl and decided to scratch some strangers.
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Since this incident involved a passenger with a medical condition and the possibility of a diversion, it is likely that the crew consulted with MedLink prior to making their decision. The MedLink doctor would advise the Captain on the passenger's condition and give medical advice regarding whether or not a diversion was needed. In a case like this I would expect to receive guidance on how to manage a disruption from an autistic passenger and what kind of behavior might be expected from them.
In a case where there is an illness or injury on board the decision to divert (from a medical perspective) is made by the MedLink doctor. They will even advise on where to divert to based on the medical services that the passenger requires. http://www.medaire.com/solutions/air...rvices-medlink In the Air: Medical Advice & Assistance When a medical situation arises during a flight, crewmembers have ready access to an emergency department doctor for advice and assistance. MedAire doctors are there to help crewmembers prevent medical situations from escalating – or cope with them as they occur. The physicians in MedAire’s MedLink Global Response Center are extensively trained in airline protocols, procedures, and the medical equipment available on board. MedAire manages thousands of in-flight medical emergencies every year and can facilitate communications in more than 140 languages. MedAire’s physicians manage every case to clinical standards, including full reporting. During a medical event, timing and knowledge are crucial. Medical volunteers can assist the MedAire physician with gathering vital signs and administering any medications or treatment recommendations. Volunteers can rely on the immediate knowledge MedAire physicians have on the medical equipment available on the aircraft, medications available, and their location within the medical kit. If no medical volunteer is present, MedAire can confidently provide instruction to crewmembers. Operating in a Level 1 Trauma Center, the staff physicians demonstrate a passion for emergency medicine and assisting people in remote environments. |
I do not think the captain or FA thought of this as a medical issue. It was an issue with the mother's and daughter's behavior.
There was no medical emergency. Searching the MedAire site for "autism" or "autistic" delivers 0 results. |
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