Court rules against disabled woman in case vs. Delta Air Lines

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Court rules against disabled woman in case vs. Delta Air Lines

MONTGOMERY, Ala. (AP) =97 A federal appeals court has ruled against a woman=
=20
with polio who sued Delta Airlines for discrimination against the disabled=
=20
over difficulties using an in-flight restroom when she fell ill. A=20
three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals=20
ruled Thursday that Cynthia Love's complaint should have gone first to the=
=20
Department of Transportation for any relief. Love's attorney said that a=20
DOT complaint had been filed, but resulted in no action. Reversing a=20
district judge, the panel said Congress did not intend for complaints by=20
the disabled to go straight to federal court when it passed the Air Carrier=
=20
Access Act of 1986. The panel said it was the first time the question had=20
been reviewed in the 11th Circuit, which covers Alabama, Georgia and=
 Florida.

Under the Americans with Disabilities Act, Love filed a discrimination suit=
=20
following a flight from Montgomery to Colorado Springs, Colo., on May 26,=20
1998. Love, who uses a wheelchair, notified Delta of her "special needs"=20
when she made her reservation, according to the court record. During the=20
flight, Love became ill and had to be carried to the restroom by her son.=20
The suit claims Delta failed to provide an accessible "call button" with=20
which Love could page a flight attendant and that Delta failed to provide=20
an aisle chair to assist her in accessing the restroom facilities. The suit=
=20
further claims that the restroom was too small to accommodate her and she=20
had no privacy. It also alleged that Delta failed to provide adequately=20
trained flight personnel.

The suit sought unspecified compensatory and punitive damages against=20
Delta. U.S. District Judge Ira DeMent of Montgomery had ruled that Love=20
could not maintain a claim under the law protecting the disabled because=20
the relevant portion of that law expressly excludes aircraft from its=20
coverage. But he allowed the suit to proceed under the Air Carrier Access=20
Act. DeMent had ruled in Delta's favor on the issue of the call button and=
=20
the size and privacy of the on-board restroom. However, he concluded that=20
"genuine issues of material fact" prevented him from ruling for Delta on=20
the issue of the on-board aisle chair and the adequacy of the training=20
received by Delta's flight personnel.

In its ruling, the 11th Circuit said the case must go first to the=20
transportation department. Once the federal agency acted in response to an=
=20
alleged ACAA violation, an individual "with a substantial interest" in that=
=20
action may seek review in federal court. The case goes back to DeMent.=20
Delta's attorney, James Garrett of Montgomery, said Friday he anticipates a=
=20
final order consistent with the 11th Circuit's decision, adding: "I'm glad=
=20
I won." Love's attorney, Letta Gorman of Montgomery, referred comments to=20
her co-counsel, Sheila A. Bedi at Georgetown Law School in Washington, D.C.=
=20
Bedi said she's disappointed in the 11th Circuit's ruling, particularly for=
=20
the disabled. "People with disabilities are in a real tough place as a=20
result of this decision," Bedi told The Associated Press in a telephone=20
interview Friday. She said Love had filed a DOT complaint. "They didn't do=
=20
anything with it. They can pick and choose the complaint they want to=20
investigate," said Bedi of the Institute for Public Responsibility.


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