Posts Tagged ‘airlines’

ADA and disabled rights roundup

September 20 roundup

  • Oregon: “Union-Backed Ballot Initiative Would Limit Grocery Stores to 2 Self-Checkout Machines” [Christian Britschgi, Reason]
  • Not unexpectedly, given its own precedent, Ninth Circuit rules Idaho inmate entitled to sex reassignment surgery [Amanda Peacher and James Dawson, NPR; pre-ruling (July) KRCC/NPR podcast and interview with Peacher, I’m quoted as in earlier coverage; earlier]
  • I wrote a personal recollection at Cato of philanthropist David Koch;
  • “Flight attendants and airport staff now get trained to intervene in what federal officials (falsely) portray as an epidemic of airline-based sex trafficking which can be spotted by good Samaritans who know the ‘signs.'” And mistakes will happen [Elizabeth Nolan Brown, Reason]
  • Population growth has caused the Ninth Circuit to bulge at the seams. Left-right political advantage isn’t a good reason to break it up, but there are plenty of nonpolitical reasons that are good [Ilya Shapiro and Nathan Harvey, George Mason Law Review]
  • “The legal profession was regarded by both the authors of The Federalist and Alexis de Tocqueville as the anchor of the republic —- a barrier to destabilizing innovation and a constraint on excessive democratic passions.” What happened? [John McGinnis]

“Air Canada ordered to pay $21K to two francophones over language violations”

A federal court in Canada “has ordered Air Canada to pay a total of $21,000 to two francophones for repeated violations of their language rights, including seatbelts on which the instruction to “lift” the buckle was marked only in English.” Among other elements in the complaints by Michel and Lynda Thibodeau: “that a French-language boarding announcement made at the airport” in Fredericton, New Brunswick, “was not as detailed as the English-language one” and “that planes’ emergency exit door signs were either in English only, or the English words were in larger font than the French ones.” [Canadian Press]

November 28 roundup

  • Georgia woman jailed for three months after field drug test misidentifies contents of plastic bag in her car, which she had told disbelieving officers contained blue cotton candy [WMAZ] Related: Georgia “Drug Recognition Expert” officers sometimes arrest drivers who are sober [Brendan Keefe and Michael King, WMAZ in January]
  • “What I call the four forces of the regulatory state — regulation by administration, prosecution, and litigation; and progressive anti-federalism—operate mostly independently of Congress, notwithstanding the legislative branch’s constitutional power to ‘regulate Commerce … among the several States.'” [Jim Copland, City Journal]
  • Rights of associational privacy: Bradley Smith of the Institute for Free Speech comments on the ongoing relevance on the 60th anniversary of NAACP v. Alabama [Cato Daily Podcast with Brad Smith and Caleb Brown]
  • “If you’ve flown on a major airline within the past 7 years, you might be cashing in” although the settlement website admits it’s “possible that ticket buyers will never get any money from the lawsuit” owing to fees and expenses [KMBC]
  • To argue for freedom, sometimes it makes sense to argue for things other than freedom [Jonathan Rauch on same-sex marriage and medical marijuana controversies, quotes me; David Henderson/EconLib]
  • “The Eleventh Circuit takes a tour through the history of copyright and the nature of authorship in exploring whether the state of Georgia can assert copyright in its annotated state laws and thereby prevent a nonprofit from making them available for free online. (It can’t.)” [John Kenneth Ross, IJ “Short Circuit,” on Code Revision Commission v. Public.Resource.Org]

TSA agents mostly can’t be sued

The Third Circuit has ruled that TSA (Transportation Security Administration) screeners are largely immune from being sued for overly intrusive handling of travelers’ persons, false imprisonment, and similar offenses. “The majority said it was ‘sympathetic’ to concerns that its decision would leave fliers with ‘very limited legal redress'” for abuse, but said its hands were tied by the terms of the Federal Tort Claims Act (FTCA); TSA screeners, it said, were shielded from liability because they were not “investigative or law enforcement officers” but more akin to — and I am not making this up — federal meat inspectors. [Jonathan Stempel, Reuters; Fredrick Kunkle, Washington Post (meat inspector reference; court “acknowledged that as a result, passengers have very limited legal options even in the face of outrageous TSA misconduct.”); Pellegrino v. TSA]

June 13 roundup

  • Put a Plimsoll line on a T-shirt and you might hear from trademark lawyers [Cyrus Farivar, ArsTechnica]
  • “Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?” [Eugene Volokh]
  • Interview with Judge Jeffrey Sutton about his new book on state constitutions, “51 Imperfect Solutions: States and the Making of American Constitutional Law” [Ilya Somin, parts one and two] Federalist Society teleforum with Judge Sutton, Randy Barnett, and Judge William Pryor;
  • “American Airlines bans insects, hedgehogs and goats as emotional support animals” [CNNMoney/WQAD] Peacocks begone: “JetBlue Updates Requirements for Emotional Support Animals” [press release]
  • Gov. Hogan vs. teachers’ unions, pension mandate, a socialist for MoCo County Executive?, and more in my latest Maryland roundup [Free State Notes]
  • “A Devastated Puerto Rico Must Still Contend with the Jones Act” [Cato Podcast with Colin Grabow and Caleb Brown, earlier]

Delta: no more free-for-all on service animals

Following a series of safety incidents that included the mauling of a passenger last year by a 70-pound dog, Delta Air Lines has tightening its onboard policies on emotional support and other service animals, requiring additional documentation of their role and training and excluding some species altogether, including “‘farm poultry,’ hedgehogs and anything with tusks.” [Karin Brulliard, Washington Post/PennLive; earlier here, here, etc.] The carrier said there had been “a 150 percent increase in the number of service and support animals carried onboard since 2015.” [Alana Wise/Reuters] Employers are bracing for a rising number of demands to let employees bring service animals with them into the workplace, with the likes of the EEOC litigating in support [Patrick Dorrian, BNA/Bloomberg, earlier] And New York has joined a number of other states in passing a law against service animal fraud. [Kevin Fritz and John Egan, Seyfarth Shaw]

October 25 roundup

March 29 roundup

  • “SEAT Act: Top Senators Sponsoring Bill to Outlaw Low Cost Carriers, Raise Airfares” [Gary Leff, View from the Wing]
  • “Trump’s Safe and Sane ‘Regulatory Reform’ Idea” [Cass Sunstein/Bloomberg, earlier Sunstein on Trump regulatory initiatives]
  • Changing law and economics shape street protest [Tyler Cowen] Arizona’s bad idea on protestors involves racketeering charges, forfeiture, and more [Coyote]
  • “Rights And Reality: Georgia Cop Jails Ex-Wife For Facebook Gripe” [Ken White, Popehat]
  • “Opponents of same-sex marriage cynically…manufacture[d] a baseless controversy in the Texas Supreme Court” to attack City of Houston’s spousal benefits, but as the Hon. Jerry Smith of the Fifth Circuit had already stated in persuasive guidance, Obergefell “is the law of the land.” [Mark Pulliam, Law and Liberty; a second view from Josh Blackman]
  • Idea making some headway: adapting use of class action and similar aggregate litigation procedures to administrative adjudication [Sergio Campos, Jotwell]

Disabled rights roundup

  • Wall Street Journal covers surge in web accessibility suits [Sara Randazzo, WSJ] State and local governments comment on federal proposals for public sector web accessibility;
  • “Americans with Disabilities Act (ADA) Title III lawsuits are up 63 percent over 2015, according to law firm Seyfarth Shaw.” [Insurance Journal]
  • “Drive-by” ADA suits in Austin, Tex.: “Lawyer sanctioned $175,000 for phony email, offensive comments” [Ryan Autullo, Austin American-Statesman] Arizona mass-filing attorney responds to professional conduct complaint [East Valley Tribune, earlier]
  • “Airlines seek to limit types of therapy animals allowed on planes” [L.A. Times]
  • “Fired for being (twice) intoxicated on the job, a mechanic for the D.C.-area transit authority undergoes treatment, applies for his job back. But his bosses refuse, allegedly because of his alcoholism. An ADA violation? Indeed, says the D.C. Circuit.” [Alexander v. WMATA as summarized on John Ross, Short Circuits]
  • Department of Justice unveils ADA regulation requiring movie theaters to offer captioning and audio description [Federal Register]