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. The owner of Roger's Trinbago Site: Roj (Roger James) *************************************************** escape email mailto:ejames@escape.ca Trinbago site: http://www.tntisland.com CBC Website http://www.tntisland.com/caribbeanbrassconnection/ The Trinbago Site of the Week: (I95.5FM) http://www.i955fm.com (Radio Station I95.5FM) courtesy of Roj Trinbago Website & TnT Web Directory Roj's Trinbago Website: http://www.tntisland.com TnT Web Directory: http://search.co.tt *********************************************************