Maybe people like Andy and I should take the train more often. If only the U.S. would subsidize a rail system akin to that in Europe people would be able to travel more, drive less and fly less. The air would be cleaner, the beauty of the planet would be more accessible to all, we would save a lot of energy and finally put more airplanes on the ground; the airline companies are becoming disgustingly obnoxious, unaffordable and very non-consumer friendly. The U.S.transportation system needs a major makeover, has for years.

Posted By Marci on September 19, 2007, 1:32 AM

Instead of being harassed, Andy Gates should be applauded for even attempting a trip by plane. Most non-handicapped people have no idea the amount of energy, planning, and just plain old chutzpah required for a handicapped person to be able to accomplish even such a simple task as a plane flight.
When I was three, I contracted dermatomyositis which adversely affects the body's muscles. Now I have Peripheral Neuropathy. It is a neurological disease that has attacked my feet and legs so that I am losing the motor skills in my lower extremities. Someone looking at me, while I'm in my wheelchair, may believe I would not be able to assist in my own evacuation. My appearance is deceiving! I am able to get out of my wheelchair and walk with a cane and, also, by sometimes holding onto objects within a room.
So, the old adage holds true - 'never judge a book by its cover'; meaning this person should never have been judged by his appearance. He is very brave to even be traveling.
I realize this has not previously been a problem; however, for future reference, Mr. Gates might consider carrying a note from his doctor stating he is fully capable of handling his own evacuation. I wish him good luck in this matter and I wish him well in his future travels.

Posted By F L on September 19, 2007, 2:32 AM

After watching the video, I agree with US Airways. Mr. Gates clearly looks like he would need significant help evacuating. If this isn't the case, then he should definitely carry a note from his doctor stating exactly that. But I wouldn't want to be US Air if something should happen and this guy blocks the aisle because he's fallen and can't get himself up. Or if something happens and everyone gets off except him because he can't stand on his own.

I agree with US Air. If he wants to fly, find a companion who will help. he video is pretty clear he would need all kinds of help.

Posted By Lisa on September 20, 2007, 6:55 AM

Hello,
Heres a delayed thank you for taking the time to post a comment on our blog.
These are difficult judgment cal
Thanks for speaking out for the rights of the disabled. And good for you for traveling!

Airports need to do more to accommodate all types of persons. Gates are completely unprepared. Its atrocious.

At the same time, thank you Lisa for going to the trouble of watching the video and reporting back what you saw. Not everyone had a chance to do that, and your comment will help.

Thanks again,
Sean

Blog editor

Posted By Blog Editor on September 20, 2007, 8:33 AM

Bravo to Sean! All one must do is leave the US and realize the general amazing difference in public transportation for everyone...the convenience, the environmental positives, & the reduction in stress for car drivers. Airlines are no longer in my top ten for many reasons, but the citizens and gov. of this country have made them a necessity.

Posted By Kathleen Guest on September 24, 2007, 2:01 PM

I am in agreement with the airlines. Having been a flight attendant in the past, I realize how difficult it can be to get healthy people off the plane in an emergency. It seems that he would be the first to sue the airlines should he not be able to evacuate or had injuries in the process. This countries people must start taking responsibility
for themselves and quit with the lawsuits.

Posted By Juanita Hennessey on September 24, 2007, 2:02 PM

Adele Price, an armless, legless woman from the U.K., was denied permission to board an Air France flight bound from Manchester to New York in 2000. In 2004, she sued Air France in the USA, because we have more lenient tort laws, claiming to have been humiliated. Although I haven't been able to determine the outcome of her lawsuit, it would seem that someone who is unable to buckle her own seatbelt, hold a glass of water, feed herself or use the toilet without assistance should have made sensible arrangements for a traveling companion. Andy Gates appears in the Channel 4 video to be severely disabled. While I can empathize with his plight, his disability could put everyone else on the flight at risk if there were an emergency requiring evacuation. The same would have applied to Ms. Price.

Posted By Lewis Edge on September 24, 2007, 2:10 PM

I can see both sides of this issue... My father was a paraplegic for almost 40 years (he died last Dec.). He flew many times during those years, always accompanied by my mother. While he had use of his arms (which were very strong, from pushing his 200 lb. self around in a wheelchair for all those years), I'm not sure how much he would have been able to "assist" in his own evacuation. There were plenty of times when he fell out of his chair, over the years, and my mother had to get a neighbor to help pick him up. One thing I do know is that my family takes responsibility for their own actions... i.e. you don't sue somebody for something YOU should ultimately be responsible for. Perhaps having "questionable" passengers sign a release of liability would solve the problem? I mean, if you are willing to be responsible for your own evacuation, I don't think you should be denied.

Posted By jjones on September 24, 2007, 3:45 PM

The bottom line is that it is a safety issue not just for Andy but for every passenger on that plane who can potentially be trapped in case of an emergency because of Andy or his wheelchair. What surprises me is that, in this day in age, how come airlines have not built a special seat or section for handicap passengers? Perhaps a seat that doubles up as a wheelchair located next to a door only for that one passenger and not blocking anyone else. Maybe Andy should campaign for a change of airline structures to safely accommodate the disabled and not sue the airlines for looking out for the safety of all of its passengers.

Posted By Elsa on September 24, 2007, 5:14 PM

This has me at a loss, as it goes against everything I have heard and experienced. I have been a quadriplegic for over 25 years. I have very limited use of my upper extremities and no use of my lower extremities. I could not be of any assistance in evacuating the plane, yet it has never resulted in my being denied flying. In fact, just the opposite is true. The airlines have all provided personnel who were quite good at transferring me from my wheelchair to a thin chair to carry onto the plane and then into the plane seat, then doing the reverse at my destination. In making reservations, I am assured the bulkhead seat. I am put on the plane first, and I disembark last. I have even, on one occasion, flown with a service dog who stayed at me feet in the cabin. I know of others in similar situations who have had the same experience. If I had time, I would check for sure, but I am 99% sure that there is a specific air carriers act [as, I believe, the ADA doesn't apply] that covers all of this and is just the opposite of the comment that US airlines are required to deny service to the severely disabled. It seems as if there is a misunderstanding somwhere, unless things have changed when I last flew in 7/06. The safety issue that people have mentioned is ludicrous except for, possibly, the flight crew that might need to supply assistance. While people's evacuations might be impeded by many of the 'able bodied' people [e.g, someone with a sprained/broken ankle who hobbles, a person with a bad back, an elderly erson, someone panicking in the aisle, the pregnant lady, a young child, an obese person, and innumerable other possibilities, not to mention the new disabilities people might have in the event of a problem with the aircraft], the severely disabled person who can't assist in his own evacuation will be sitting out of the way, strapped in their seat until everyone else is off and assistance can be provided to them. For those recommending rail travel, please take a wheelchair to your local train station, then try rolling across what can be a gap of several inches [big enough for the front wheels to drop through] as well as several inches up or down. In addition, it would take one days to get cross country [which might not be feasible for a variety of reasons, and, last I checked, there was no rail service to a number of places [Europe, Hawaii, etc.].
Joseph Levine, MD

Posted By Joseph Levine on September 24, 2007, 7:45 PM

hello - (ADA)... yes.
myself, i have several
disabilities! don't need a
wheel chair, yet! i prefer
the aisle seat when flying.
need to use bathroom & stand occasionally on long flights. when looking
to post handi-cap & request
a aisle seat when flying on
us airways >hey you can't??
it's either yes or no to
use of wheel chair. under
(ADA)I should always be able to get any aisle seat
near front of plane; plus use ist class lavatory??
Wil...:-(

Posted By wil on September 26, 2007, 4:53 PM

I posted previously, but have now done some research and agree with my statement even more.

The ADA does not govern this situation, but the ACAA does. The Air Carrier Access Act, available here:

http://www.access.gpo.gov/nara/cfr/waisidx_02/14cfr382_02.html

In section 382.35 Attendants, it is very clear this passenger is wrong. Airlines are allowed to require an attendant in some circumstances, including believing the passenger is unable to assist in their own evacuation. However, if the passenger disagrees with the attendant requirement, the airline can still require an attendant, they just can't charge for the attendant's seat.

So what we have here is yet another person suing when they don't know the rules, another attorney who took the case despite a very clear opposing rule, a media who wants to vilify the airlines and me, a fellow passenger who is put at risk by this man's selfishness.

GO US Airways and thanks for looking out for the rest of us.

Posted By Lisa on September 27, 2007, 6:13 AM

Thank you Lisa for doing that research. It sheds light on this issue!

Thank you JJones and Elsa and Juanita for your comments, too. JJones, our condolences on the loss of your father.

All readers can find the discussion continues at this new blog post:
http://current.newsweek.com/budgettravel/2007/09/too_disabled_to_fly.html

Posted By Blog Editor on September 27, 2007, 8:28 AM