7.3 – Assignment: Web Search – Aviation and the Disabled
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Both texts (Jennings, p. 734-736, etc., and Emerson,
566-569), discuss the Americans with Disabilities Act (ADA), with which you all
probably already had some passing familiarity. What those text discussions do
not raise is the fact that air carriers are explicitly omitted from ADA
coverage. As passed on 26 July 1990, the ADA, P.L. 101-336, Title II, Public
Services, Subtitle B, Actions Applicable to Public Transportation Provided by
Public Entities Considered Discriminatory, Part I, Public Transportation other
than by Aircraft or Certain Rail Operations, Section 221, Definitions, the term
âdesignated public transportationâ is defined to exclude â transportation by
aircraft,â codified at 42 U.S.C. § 12141(b).
However, lest you think that this omission permits
discrimination in air transportation, the reason for this is that
discrimination against the disabled in air transportation was already
prohibited by the Air Carrier Access Act, P.L. 99-435, enacted on 2 October
1986.
Using the adept legal research skills you have thus far
obtained, search the âU.S. Code,â (accessible within THOMAS (Links to an
external site.), within the Library of Congress website), to find out where the
provisions dealing with the ability of any air carrier to discriminate against disabled
(or handicapped) individuals are located (HINT: Recall where the Transportation
statutes are codified). You may need to
try a variety of search words/terms, and you may have to examine a number of
search result entries. If, after
multiple (but not too many) efforts, you have been unsuccessful, inform the
instructor of the specific search terms you have used, and the instructor can
assist you.
Once you have found it, answer the following questions:
What is the citation?
When was the section amended?
How long did Congress give the Secretary of Transportation to
implement a plan to provide assistance to air carriers?
Finally, search the Code of Federal Regulations for
implementing regulations regarding discrimination on the basis of disability in
air travel similar to the Americans with Disabilities Act, and, when you find
it, provide that citation. (HINT: Again, recall which Title in the Code of
Federal Regulations pertains to air transportation.) Here, as before, you may have to try a
variety of search terms in the âSearch Termsâ box and examine a number of
search results. Once again, if, after
multiple efforts, you have been unsuccessful, inform the instructor of the
specific search terms you have used, and the instructor can assist you.
Then answer the following question: May an air carrier charge
for such accommodation and in what section is that specified?
It is not required to respond to your classmates, but is
strongly encouraged.
Please Review the Project/Activity Rubric. It will be used to
evaluate the activity.