[blindlaw] Lawsuit: US Airways discriminated against blind man

[Peter Donahue]

Good evening everyone,

A classic case of someone having poor blindness skills blaming the airline
for his misfortune. Law sutes like this will only undo all of the hard work
the NFB has done to allow him to take that flight in the first place and to
be treated like another passenger. Had this guy known how to use a cane or a
dog he would have been able to get himself off of the plane on his own
without the need for passenger assistance.

Peter Donahue


----- Original Message ----- 
From: "dlb723" <dlb723 at comcast.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, October 12, 2007 6:38 PM
Subject: [blindlaw] Lawsuit: US Airways discriminated against blind man


Lawsuit: US Airways discriminated against blind man
By JOHN SHIFFMAN
The Philadelphia Inquirer
Published on: 10/11/07
Philadelphia - A blind Philadelphian has sued US Airways for discrimination,
alleging that flight attendants ignored him after his plane landed here and
that he injured his head when he tried to make it off the plane by himself.
In a lawsuit docketed Thursday in U.S. District Court in Philadelphia,
singer-songwriter Wilson Charles, 28, charged that airline employees began
treating
him rudely in West Palm Beach, Fla., when he arrived for the Oct. 10, 2005,
flight.
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"It was really outrageous and inexcusable," said Charles' lawyer, Nessa B.
Math.
Math said that it is obvious that Charles is blind because, among other
things, he wears dark glasses and carries a walking stick. "When someone is
disabled,
common decency would dictate that you give them what they need to be
comfortable on an airplane," she said.
Charles said that US Airways personnel in West Palm Beach and Philadelphia
ignored him and repeatedly shouted at him. "Because I'm disabled, they
treated
me like I'm not even a person," he said.
A US Airways spokeswoman, Valerie Wunder, declined to comment.
Charles, who plays piano and write gospel songs, went to West Palm Beach to
make a record. A native of Haiti, he was born legally blind. His left eye is
useless and he can see only vague images in the other eye, he said.
When he purchased round-trip tickets online, Charles said, he requested and
received "priority customer" status for boarding and exiting assistance. He
said that he called US Airways several times to confirm this, and had no
problems on the flight to Florida.
But on the return trip, Charles said, he arrived at the gate an hour early
in West Palm Beach, where a gate agent told him he would have to wait until
everyone
else boarded.
"When I said, 'This is not right, I am disabled,' the US Airways guy started
screaming at me. He said, 'Can't you see I'm busy?' I tried to protest and
he said, 'If you say another word, I'm going to take you off this flight.'"
Eventually, gate agents put Charles in a seat toward the back of the plane,
he said.
When the plane arrived in Philadelphia, Charles said, he was ignored again.
When he tried to leave, he said, a US Airways employee screamed at him to
sit
down. When he decided to leave on his own, he said, his head hit the luggage
rack, causing injuries to his eyes and head that required medical attention.
The lawsuit cites a federal law that Math said requires airlines to help
disabled passengers board and exit planes. The suit alleges intentional
infliction
of emotional distress, false imprisonment, and negligence.
The suit does not seek a specified monetary claim, but does seek punitive
damages. Typically, cases in federal court seek damages in excess of
$75,000.
The case is assigned to U.S. District Judge Bruce W. Kauffman.



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