30 Dec Finally, search the

7.3 – 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, 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 “designated public transportation” is defined to exclude “ transportation by aircraft,” 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 “U.S. 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.