Delta Flight fails to give reasonable accommodation & made passenger crawl to his seat

Wheelchair-bound passenger forced to crawl off Delta flight as attendants watched: suit

Baraka Kanaan had to make the humiliating crawl two times despite assurances in advance from the airline ‘that he would be received and given reasonable accommodation for his disability.’

By Nina Golgowski / NEW YORK DAILY NEWS

Baraka Kanaan, unable to walk, was made to crawl down two Delta airplane aisles and across the tarmacs after the airline failed to provide him with adequate wheelchair accommodations, his lawsuit claims.

A full-time wheelchair user was forced to crawl off two Delta Airlines flights and across the tarmac after the airline twice failed to provide necessary equipment to help him on and off, according to a shocking lawsuit filed in federal court Tuesday.

Baraka Kanaan of Maui, Hawaii, says he had to perform the humiliating crawl to reach his wheelchair two times in July 2012 as Delta employees in Massachusetts and Hawaii helplessly watched "fearful of liability."

The former college professor and current nonprofit head, said the airline had promised adequate wheelchair accommodations but upon time to board and land offered no assistance.

"They gave me an ultimatum. You can find a way off this plane on your own, or you can go back to Maui where you live," he told the Daily News. "And that forced me to crawl, even though I had given them 48 hours' notice and they knew that I was [unable to walk]."

According to his lawsuit, Delta assured him weeks before his flight from the Nantucket Airport "that he would be received and given reasonable accommodation for his disability."

Instead, according to his filing, "in his nicest suit, he crawled hand over hand through the main cabin and down a narrow flight of stairs and across the tarmac to his wheelchair.

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“There were a great number of people watching, and the experience caused Mr. Kanaan great physical and emotional suffering."

Reached by the Daily News for comment Delta refused based on pending litigation.

Kanaan is handicapped and unable to walk after a car accident in 2000 left him with severe spinal injuries. He claims his injuries were further inflamed during his crawl that came just days before he was to undergo a spinal fusion surgery.

Adding insult to injury, he says: "there was an unused lift only a couple hundred feet from where we sat. JetBlue's lift was not being used. It could have easily been used on that plane."

According to the Air Carrier Access Act, Airports and carriers of 31 or more passengers are required to "provide boarding assistance to individuals with disabilities by using ramps, mechanical lifts, or other suitable devices where level-entry boarding by loading bridge or mobile lounge is not available."

After successfully dragging himself off his first flight, Kanaan promptly filed a complaint with Delta.

RELATED: TLC INDICATES SUPPORT FOR HANDICAP ACCESSIBLE FLEET

The airline offered him a $100 voucher for his trouble and assured him it would not happen again with his return trip scheduled for two days later on July 29.

To his complete horror, it did.

Upon his arrival he was informed that they did not have the necessary safety equipment to board him but offered "a piece of cardboard to put down so that his clothes wouldn't get dirty," according to his complaint.

"Thus, Mr. Kanaan was again forced to crawl across the tarmac, up the stairs of the aircraft, down the aisle, and hoist himself into his seat on the aircraft, which was a physically painful experience for Mr. Kanaan. In the process he felt his spine twist and pull in awkward manners."

Delta allegedly then offered him 40,000 SkyMiles after this second horrific flight which, suffice to say, Kanaan refused explaining he’d never want to fly with them again.

"It's not right what they're doing," he said. "For the last year I've been mistreated by Delta, just continuously belittling my situation.

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"And first they issued a formal apology letter to share with you, just acknowledging every point of their fault. ‘We did this, we did that, we did this, we're sorry, we're very sorry,' and then they came back and said, 'you know it's not our fault. We're not going to do anything about this.'"

In a four-minute video posted to his Facebook page Saturday, Kanaan implored the public to not only boycott Delta, but contact them, the American Civil Liberties Union and their local Disability Rights Center to help end the airline’s "abhorrent" and "shocking” behavior.

“Don't do it for me, do it for the over 5,000 people last year who had complained about Delta mistreatment,” he wrote with his video.

"I just think that there must be something that we can do," he said. Though Kanaan’s allegations are shocking, it is far from the first time Delta has been accused of forcing passengers to crawl off their plane.

In 2008 another Delta passenger performed the same humiliating crawl off two flights, 53-year-old Florida retiree Julianna Dombrowski told Gadling.com.

Dombrowski did not file a legal complaint against the airline telling the news site that though the act was “disgraceful,” she was not sure if Delta or the airports were to blame.

Kanaan is seeking compensatory, treble and punitive damages for violations of the Air Carrier Access Act, the Americans With Disabilities Act, negligence, emotional distress and discrimination. 

(Video on facebook) 

https://www.facebook.com/photo.php?v=10201680544322019&set=vb.1432074113&type=2&theater 

Source: NYDailyNews

Children with disabilities refused seats in UK Train for they may "spoil" ambience

Dear Colleagues,

This is still happening and happening in societies considered to be advanced! I have serious doubts about their "advancement" if they have no awareness on simple issues of diversity as this one. I hope what the Train Manager said or did was her individual reaction and none of the passengers travelling in the first class had any role in this! 

The acceptance for diversity or say persons with certain disabilities continues to be abysmally low in so called "advanced societies" as well! This is troublesome and calls for urgent measure for raising awareness. 

Special needs kids told to sit on train floor as first class commuters ‘don’t want you spoiling their journey’

Tuesday 13 Aug 2013 6:15 pm

Special needs children as young as four were told to sit on the floor of a train rather than in empty first-class seats because they would ‘spoil’ the ambiance of the carriage.

The youngsters from the Stage Right Theater Group, based in South Lanarkshire, Scotland, were on their way back from a trip to the Edinburgh Fringe festival when they found standard class packed to the brim, meaning they had to sit outside the toilets.

When volunteers asked the train manager if they could move to the near-empty carriage of the Cross Country train, they were given short shrift and reportedly told the first-class passengers ‘do not need the likes of your children spoiling their journey’.

Even though other families paying the standard fare were allowed into the more expensive section, the female manager would not be swayed.

First-class snub: The children were denied a spot in first class despite other 

standard-fare payers being allowed to move (Picture: PA/File) 

source: http://metro.co.uk

After repeated polite requests to let them move, she is also said to have told the charity workers: ‘If you don’t stop talking to me, I will throw you all off. Then how will you get back to Motherwell?’

Rebekah Aitken, 25, who runs the group at Carluke Leisure Centre every Sunday, was clearly angered by the treatment of her pupils, aged four to 11, on the service from Edinburgh Waverley.

She told the Daily Record: ‘We were discriminated against because of the disabled kids we had with us.

‘I’m embarrassed for the kids as they were paraded in front of the passengers and made to feel like an inconvenience.

‘The train manager thought they weren't of the standard to be allowed to sit in the business carriage but she moved other kids and parents, who had paid the same train fare, into those seats.’

Ms Aitken’s Stage Right cohort, Elaine Berry, was equally miffed by their snub, saying: ‘Their memories of what had been a brilliant day are now of her and their train journey home.’

However a spokesman for the Arriva-owned CrossCountry apologized for the children’s mistreatment, adding that it would investigate the incident.

He said: ‘We are sorry to learn of the circumstances of the Stage Right Theater School on their recent journey.

‘We expect our staff to be polite and helpful at all times and it is extremely disappointing if their behaviour was as described. We will investigate the circumstances as a matter of urgency and will be in touch with them as soon as this is completed.

‘We would like to offer our sincere apologies to Rebekah, Elaine and all the children for the poor quality of their journey back to Motherwell.’

The children’s plight was met with disgust by campaigners, with one going by the name of Skippy McCarthy beginning a change.org petition to Scottish first minister, Alex Salmond, to investigate the discrimination.

He called CrossCountry’s response a ‘worthless apology’ that suggests ‘as time passes, nothing will be done’.

He added: ‘These children lost a day of their lives through the behaviour of an employee of this rail company but, more importantly were shown that they count for nothing.

‘Not only should they be reimbursed for all expenses incurred on that day but they should receive free annual business travel passes for a minimum of 12 months on all Scottish transport facilities.

‘As to who pays for this, they have already paid enough, having been subjected to this humiliating and belittling experience.’

Source:  metro.co.uk

New York City adopts "more active" symbol of Access

Moving forward from a static and ubiquitous "handicapped" symbol - a blue and white logo of a person leaning back in a wheelchair known as the international symbol of access , which  has been under fire from disability activists who feel the logo paints disabled people as passive - the New York City has adopted a new international symbol of access. 

The Old Symbol

International Sign of Access adopted by ISO is
considered as passive by disability activists

The old symbol of access was approved by the International Standards Organization (ISO), and the symbol is generally placed wherever access has been improved for people with disability issues. It was first designed by Susanne Koefoed in 1968 - although she didn't give the symbol a head. That was added a while later by Karl Montan.


The Accessible Icon Project  

The project has been pushing for an update to the symbol, one that is more modern, and that depicts a more active figure. According to the group, the original design focused too much on the wheelchair, rather than the person who's sitting in it, and depicts that person as stiff and passive.

They say this is representative of the treatment that many people with disabilities have faced. "People with disabilities have a long history of being spoken for, of being rendered passive in decisions about their lives," expresses the the group on its website.

"The old icon, while a milestone in ADA (Americans with Disabilities Act) history, displays that passivity: its arms and legs are drawn like mechanical parts, its posture is unnaturally erect, and its entire look is one that make the chair, not the person, important and visible." it says further. It wants to introduce a new design, one that is active and engaged, with a focus on mobility and movement, but still in line with other ISO-approved pictograms.

The new Icon of access

The new design has been created by designer Sara Hendren, who has engaged in a little guerrilla marketing over the years, including illegally stickering over the original design with this new one.

In the beginning of their project, Sara Hendren &
Brian Glenney stuck their new design over existing
handicapped signs   around Boston in a little guerrilla
marketting [photo credits Darcy Hildreth - npr.org]

Hendren's new design looks more like a person wheeling him or herself independently. Hendren says the real goal of the campaign isn't just to replace the existing symbol with her new design - it's to get people thinking.

There's a much bigger question to ask about who is abled and who is disabled and what we think about dependence and need,'' she said. "I'm just trying to start a discussion where we reevaluate our assumptions and our attitudes.'

The new logo is a more active logo designed by activists at Gordon College in eastern Massachusetts. The NYC will start displaying the logo all over the city starting this summer.

 "It's such a forward-moving thing," said Victor Calise, commissioner of the New York mayor's Office for People With Disabilities.

The movement initially started when the group behind the new logo started placing its stickers over old handicapped signs around the Gordon College campus, and eventually stickers of the final design were distributed throughout nearby Boston. While getting the logo around has largely been a "stealth operation" up to this point, visibility from the biggest city in the country should help it gain more traction. 

That will make a splash," said Wayne Sailor, co-founder of disabled advocacy groupTASH and professor of special education at the University of Kansas. "I predict it will be a real trendsetter."

New Sign of Access that more "active"

Icon Graphic Elements of New Access Sign

1 - Head Position

Head is forward to indicate the forward motion of the person through space. Here the person is the "driver" or decision maker about her mobility.

2 - Arm Angle 

Arm is pointing backward to suggest the dynamic mobility of a chair user, regardless of whether or not she uses her arms. Depicting the body in motion represents the symbolically active status of navigating the world.

3 - Wheel Cutouts 

By including white angled knockouts the symbol presents the wheel as being in motion. These knockouts also work for creating stencils used in spray paint application of the icon. Having just one version of the logo keeps things more consistent and allows viewers to more clearly understand intended message.

4 - Limb Rendition

The human depiction in this icon is consistent with other body representations found in the ISO 7001 - DOT Pictograms. Using a different portrayal of the human body would clash with these established and widely used icons and could lead to confusion.

5 - Leg Position 

The leg has been moved forward to allow for more space between it and the wheel which allows for better readability and cleaner application of icon as a stencil.

Is this ADA Compliant?

The short answer is yes. Federal and state officials have determined that slight variations on the historical International Symbol of Accessibility are generally permissible as long as the symbol clearly displays a wheelchair and signifies accessibility.

Forward thinking companies such as The TJX Companies, have utilized another progressive symbol by the graphic designer Brendan Murphy. We are grateful that companies like Talbots have embraced the Accessible Icon as well.

Different states have different regulations concerning the size, color, and placement of the symbol. For instance, in Massachusetts, accessible parking spots must be identified by a vertical parking sign, but symbols on the ground are not required. We recommend that you review state and local regulations before painting the Accessible Icon on parking spots or placing the sticker on signs.

Indian Initiatives

Enabling Unit at UCMS, New Delhi India under 
the active advocacy of Dr. Satendra Singh have 
already adopted this logo (photoCredits UCMS)

Dr. Satendra Singh of University College of Medical Science (University of Delhi & Guru Teg Bahadur Hospital, Delhi, India has not only promoted this sign in his college but also written to the Chief Commissioner Disabilities, Govt. of India  to consider revising the current ISA with the new one for India which portrays dynamism and focuses on person rather disability.

He further stressed in his representation that these small steps are highly significant as how Persons with disabilities are represented in society. 

Sources: The Verge; LaughingSquid;  npr; Accessible Icon Project; Enabling Unit;

Read related post: New Handicapped Sign rolls in to New York City

CJ Poonam fights for disabled friendly railway stations

Thanks to Aarth Aastha and CNN IBN for giving opportunities to unheard voices like Poonam who are equally affected by the inaccessibility of Indian Railways - the most popular and preferred mode of public transportation by land.

Its a long time that demands have been made by the people - both celebreties and crusaders on ground asking the railways to champion the cause of disability and accessibility. Indian Railways, however, has been very slow in even reacting to them...I am not talking about responding and resolving them.

Mired by bribery controversies, the rail ministry seems not very serious in making its services accessible to all! This Ministry has been like a cake that is most sought after by political parties who support the government for reasons so obvious and by the leaders who get more opportunities of personal gain rather than work in the larger interest of nation by positioning Indian Railways as the best accessible inter-city pubic transportation on land.

Hope the things will change soon with more awareness around this subject and awakening in the citizenry about their rights.

Air India discriminates with Faisal Nawaz - an engineer with disabilities

Faisal Nawaz, a 30-year-old engineer at  Indian Institute of Astrophysics Bangalore and a disability activist who writes Ability Khabarnama  has accused the only government airliner - Air India of discrimination after the airline repeatedly ordered him to cancel his booking several times.

Faisal, lives with a medical condition termed Kypho Scoliosis and Polio since childhood. In April 2013 he booked a return flight from Bangalore to New Delhi.

Faisal’s doctors advised him to make use of BiPAP equipment and oxygen support as he is likely to experience respiratory problems in a pressurized cabin. The BiPAP machine is a relatively small device that pushes oxygen into the lungs and holds them inflated.

Air India asks passengers with special requirements to complete all details of MEDIF (Medical Information Form). Faisal, who made his booking online, followed the airline procedure to the letter.

"I sent Air India reservation centres the Medical Information Form, as well as my doctors' certificates and ticket details," the man said.

Two days before his departure date Air India’s medical team called Faisal. “They ordered me to send them the MEDIF again and to reschedule my flight as I would not be allowed to travel.”

Faisal’s ordeal was far from over. “Few days away from my rescheduled departure Air India medical team called me again,” the unlucky engineer recalls. “This time they told me one of the documents was not readable and I had to show up in person to the Air India office to be certified as fit to fly by and Air India doctor.” Needless to say, Faisal was once again ordered to reschedule his flight as he would not be allowed to board the aircraft.

At the third attempt Faisal was finally cleared to fly. However, the young man was told he would have to fill in and submit a new MEDIF prior to his return flight.

Following instructions, Faisal sent a new MEDIF to Air India’s medical team two weeks before his return flight. Two days before his return flight the man received a call from Air India who ordered him to once again reschedule his flights. “This time I was told my two week’s old MEDIF was too old, and I had to go in person to see an Air India doctor or I would not be allowed to fly.”

Faisal showed up at Air India’s medical team in Delhi and was declared fit to fly. Once declared fit to fly, passengers are “not required to provide the same information again and again” according to India’s Civil Aviation Requirements for transport of passengers with disabilities.

However, Air India seems to have a different opinion. "In case of respiratory conditions, Air India must ensure the aircraft has enough oxygen cylinders on board,” a spokesperson for Air India said.

Air India requires passengers with disabilities to notify the airline of their special requirements. However, the airline systematically fails to forward the information to airports outside the Republic of India, causing its most vulnerable passengers unnecessary humiliation and stressful wait for assistance.

Source: Reduced Mobility Rights

Private Airliners do not entertain passengers with disabilities in Karachi

Dear Colleagues,

The private airliners in Karachi - Shaheen Air and Airblue, do not entertain travellers with disabilities particularly those using wheelchairs. They also  don’t provide attendants and don’t allow wheelchairs inside the planes. Their spokesperson reveals, "We will have to load bridges to transport people requiring wheelchair access to planes and we don’t have them in Islamabad or Peshawar, and the ones in Karachi are always booked.”

Here is the detailed coverage published in The Express Tribune.

Rights of the disabled?: Private airlines fail to offer wheelchair access

KARACHI: 

It was not the usual mad rush of passengers or the onslaught of porters that made Naveeduddin Khan anxious when he was about to board a train to Multan earlier this year. He was worried of how he was going to make it to his seat.

As the situation unfolded, some men lifted him off the platform and put him on the train. Once inside, he crawled on his elbows, bruising his arms and gathering dirt and greasy lubricant, while making his way to the seat. Getting on-board this way was humiliating – the story of all handicapped passengers travelling via trains.

But this episode was nothing compared to the embarrassment he endured while trying to book a flight on a private airline. “They don’t sell tickets to physically-challenged people,” he said angrily. “I had to cancel my family vacations to Islamabad as the airlines would not assist me.”

Khan has a leg deformity due to polio disease. For within city commute, he drives his especially modified three-wheeler automatic car but when it comes to travelling to other cities, he finds himself with limited options as two private airlines in the country – Shaheen Air and Airblue – do not entertain people requiring wheelchair access.

“Sorry, we don’t provide attendants and don’t allow wheelchairs inside the planes,” claimed a ticket-reservation operator at Shaheen Air. “Only those who can walk are permitted to travel.”

The attitude is no different at Airblue. “Handicapped persons would have to get their own attendants to carry them and climb up the stairs to the plane,” said an Airblue official. Wheelchairs cannot be taken to the plane as “there is no space for it,” he added.

Aviation rules

Shaheen Air has no provisions for disabled persons under the conditions of carriage. However, the conditions do state that the carrier has the right to refuse passengers requiring special assistance.

“We will have to load bridges to transport people requiring wheelchair access to planes,” a spokesperson for Airblue, Raheel Ahmed, said. “We don’t have them in Islamabad or Peshawar, and the ones in Karachi are always booked.”

Ahmed explains the risk involved in transporting such passengers. “Even if we provide a porter to carry the disabled persons through stairs, a slip from the porter could cost the airline a lot of money.”

Airblue’s spokesperson says that only the Pakistan International Airlines (PIA) has an ambulift – a crane to lift wheelchairs. “If we rent it from them, we will be charged in dollars.”

Expressing regret over such a problem, he said that the airline did take special children for the Paralympics last year but they have limitations. “Airblue has an all-female crew. Even if we take such passengers, who would help them use the bathroom?”

Meanwhile, Civil Aviation Authority’s spokesperson Mehmood Hussain said that it depended on the policy of the airlines of whether or not to assist such travellers. PIA complies with the rules of the US Department of Transportation on the travel of disabled persons. Under 14 CFR part-382 of the Air Carrier Access Act, airlines may not refuse transportation to people with disabilities. PIA’s spokesperson Mashood Tajwar confirmed that their attendants made sure that the handicapped persons were allowed on-board.

Violation of human rights?

Khan, who also runs the Disabled Welfare Association, has taken the matter to the Human Rights Commission (HRCP) of Pakistan. “Action should be taken against these airlines. Why are we being discriminated against? They should shutdown their operations if they cannot facilitate us.” HRCP coordinator in Sindh, Syed Shamsuddin, has written letters to both airlines, urging them to rectify their unfair policies.

Published in The Express Tribune, July 24th, 2013.

DGCA draft guidelines aim at easing air travel for disabled passengers

DGCA draft guidelines aim at easing air travel for disabled passengers

Priyal Dave : Mumbai, Sun Jul 21 2013, 02:49 hrs

To cut down multiple medical clearances required by disabled passengers during air travel, Director General of Civil Aviation, in its new Civil Aviation Requirements (CAR), has suggested that airlines issue Frequent Travellers Medical Card (FREMEC). The card will be acceptable across airlines. DGCA has invited suggestions on CAR from the public by July 31.

The draft guidelines include appointment of a nodal and an appellate authority for grievance redressal, involvement of travel agents to ascertain needs of disabled passengers at the time of booking and standardisation of training of airline, airport and security staff.

The draft, however, is silent about the procedure of security check for disabled passengers. "It also does not have clear guidelines on the prosthetic devices, rendering this a grey area," said Suranjana Ghosh, a Mumbai-based media professional. The 37-year-old said on July 11, CISF personnel at Mumbai Airport asked her to remove her prosthesis completely, a demand that she found humiliating.

The draft, however, states that airport operator will be responsible for training security staff at the airport. It also mandates that airlines and operators sensitise their staff regarding disabled persons. The content and duration of the programme has to be in accordance with the guidelines issued by Department of Disability Affairs, Ministry of Social Justice and Empowerment. Operators are also required to provide specific training for personnel who directly assist such passengers.

To standardise the format of collecting information, airlines and travel agents will be required to provide Medical Information Form or Incapacitated Passenger Handling Advice.

Biji Eapan, national president of IATA Agents' Association of India, welcomed the involvement of travel agents in collecting information about disabled persons. "Internationally, travel agents are considered as consultants who are professionally trained to guide passengers in documentation. They should be qualified to also help disabled passengers."

However, Iqbal Mulla, president Travel Agents Association of India, said, "DGCA places responsibility on travel agents but does not talk about extra remuneration for providing complementary services."

As per the draft, in case airlines refuse to carry disabled passengers, they have specify in writing the reason for doing so.

It also states new or refurbished aircraft should be fitted with special equipment to cater to needs of disabled passengers. Passengers are required to use wheelchairs as per specifications by Disabled Persons Transport Advisory Committee (DPTAC), UK, if they insist on using their own wheelchairs inside airport. They are expected to notify their travel needs at least 48 hours prior to the flight. However, in case of emergency, airlines are expected to cooperate with such passengers.

Airlines are required to provide on-board aisle wheelchairs, conforming to DPTAC, for embarkation and disembarkation.

priyal.dave@expressindia.com

http://www.indianexpress.com/news/dgca-draft-guidelines-aim-at-easing-air-travel-for-disabled-passengers/1144595/0