73 – Web Search: Aviation and the Disabled 9 9 unread replies 16 16 replies Both texts (Jennings, 2015, pp XXXXXXXXXX, and Emerson, 2015, pp XXXXXXXXXXcontain a significant discussion of the Americans...




73 – Web Search: Aviation and the Disabled


9 9 unread replies 16 16 replies


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 “designated public

transportation” is defined to exclude “ transportation by aircraft,” 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 “US Code,” (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 “Search Terms” 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


May 16, 2022
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