73 – Web Search: Aviation and the Disabled
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Both texts (Jennings, 2015, pp 734-736, and Emerson, 2015,
pp 583-586) contain a significant discussion of 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, PL 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 USC § 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, PL 99-435, enacted on 2 October 1986
Using the adept legal research skills you have thus far
obtained, search the âUS Code,â (accessible within THOMAS (Links to an
external site)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