http://detroit.cbslocal.com/2014/10/18/michigan-teen-with-nut-allergy-sues-after-amtrak-bars-travel/ (http://detroit.cbslocal.com/2014/10/18/michigan-teen-with-nut-allergy-sues-after-amtrak-bars-travel/)
Makes sense to me. If they allow some unaccompanied minors, then... it follows that picking and choosing probably runs afoul of the law.
Tweeted by @woodrumlaw
"UPDATE: Suit Filed against Amtrak re: Unaccompanied Minor Policy's Exclusion of Food Allergic Youth"
http://ohmahdeehness.wordpress.com/2014/10/16/update-suit-filed-against-amtrak-re-unaccompanied-minor-policys-exclusion-of-food-allergic-youth/ (http://ohmahdeehness.wordpress.com/2014/10/16/update-suit-filed-against-amtrak-re-unaccompanied-minor-policys-exclusion-of-food-allergic-youth/)
QuoteWhat follows is a press release from Stein Vargas – I am so very privileged to be able to share this with all of you!
Mary Vargas is on board. This might actually get traction.
Amtrak's policy has changed already. I'm not sure it answers the central issue because capable doesn't mean could under any circumstances from child to adult.
amtrak.com/servlet/Satellite?SnippetName=IBLegacy&pagename=am/AM_Snippet_C/SnippetWrapper&ibsref=unaccompaniedMinor_FareFinder
The portion formerly under unaccompanied minors of 13, 14 and 15 years of age stating they must not have food allergies was removed. In its place is a called out warning about passengers with food allergies.
Take Precautions for Allergies
Because Amtrak is unable to guarantee a peanut-free or allergen-free trip, we strongly encourage unaccompanied minor passengers to take all necessary medical precautions to prepare for the possibility of exposure. Parents/guardians must ensure that the unaccompanied minor travel with all necessary medications for food allergies (including epinephrine auto-injectors) and be capable of self-administering these medications.
Generally speaking Amtrak has an abysmal history in terms of ADA compliance. dadsupport.ndrn.org/pub/NDRN_Amtrak_Report.pdf
Well, right now, in this moment, I could self-administer.
But mid reaction, maybe not. I may not even realize I need it. First time, I just wanted to sleep. By the time I suspected it was a reaction, I would not have been capable of holding and pressing the epi-pen, never mind getting it out of it's case.
My DD knows how but has not been able to self administer. Knowing and doing are two different things and if your blood pressure drops among other symptoms, it might not be physically possible.
I don't know what the solution is, this is very much like air travel. You can't expect a medical person on board, but is it fair to expect a safe train passenger car? When my parents could not pick me up I took a bus home from college.
I cringe when DD talks about her desire to "go away" to college. Funny, it's not the college living situation that worries me, it's the travel back and forth if the school is too far away to drive that makes me stressed.
But how is that different than an adult? Both tunes I've epid myself it was very, very hard to do. I did not want to do it.
As an adult I might pass out--and I've xertainly exhibited symptoms that indicate it's a possibility. Yet I travel by myself.
DS has traveled by himself on a PF airline and through an airport (layover) that he was familiar with. One onr flight he felt funny and then noticed a woman nearby was eating pn, and he moved.
At his age he does not need flight attendants to watch over him, and I do trust him in case of a reaction to Epi himself as much as I trust myself to. It's possible that he could pass out and he's had the same symptoms I've had (and once fell asleep on the playground and had a high heart rate--Benadryl resolved it--and has also had the Epi after having persistent asthma and spaciness). But chances are that won't happen without other signs. And no more likely than I woukd.
PC I don't know if you've seen the teen travel thread. I'll bump it, because it refers to tools DS used to let us know where he was (Find My Friends and FourSquare.
It's all just so arbitrary. No one person can guarantee that he or she could perform field medicine on self under physical distress regardless of age, and it seems the application of age combined with specific disability which is odd, no? A 16 yo (or older) must not prove the ability to self-administer but a 15 yo must. Then it's isolated to food allergies and epinephrine. Amtrak's concern isn't ridiculous, anaphylaxis has no preventative medication no buffer but avoidance which relies upon decision making skills. I would think raising the minimum age of an unaccompanied minor would be the least arbitrary solution or something to be worked out in mediation.
Although I believe liability for a minor is of obvious concern, I do think the root issue in any form of public transportation is the diversion of a scheduled flight, train, bus. Allergen removal is controversial and ultimately not a universal solution. I'd like to see some universal access achieved by addressing the decision making process for a passenger in distress. From there work backwards towards unique needs per passenger and allergen use or reduction on a case by case need, and evolve the architecture of environment including filtration and cleaning practices.
This is what I've been looking for.
QuoteSection 504 of the 1973 Rehabilitation Act (Public Law 93-112) prohibits discrimination on the basis of disability in Federally assisted programs. Section 504 requirements for USDOT administrations are covered under 49 CFR Part 27 (USDOT), Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Financial Assistance. The Americans with Disabilities Act (ADA, 1990, Public Law 101-336) is a broader civil rights statute that prohibits discrimination against people with disabilities in all areas of public life.
The ADA addresses State and local government services, activities and policy making under the Department of Justice's ADA Title II implementing regulations. The ADA, under Title II, Subpart A, covers public rights-of-way. The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas.
I don't really get the limitation to food allergies either. I know I'm a special snowflake, but I have had a TON of times where I was having a severe asthma attack and have needed help getting my neb together or my meds ready. (I have stabbed myself trying to draw a syringe of lidocaine more than once, and this would be an issue on a train, since I wouldn't have an unlimited supply of needles.) There are some mitigating measures for asthma, but not really for a lot of my triggers, so similar to food allergy.
Thanks Macabre!
What other conditions could require the use of emergency meds? The only two I can think of are asthma and diabetes.
I have very little knowledge if either. Would an adult with either condition be reasonably expected to be capable of self-administering emergency meds?
I can speak for asthma. Yes, but so does a teen.
And for diabetes, similar to anaphylaxis.
SL, I mentioned above that there have been times that I haven't been able to get my neb together when I was having a severe attack and needed help. This summer, one of my junior counselors (17) put it together for me - luckily it is pretty intuitive.
From my camp director experience, I know that there is an emergency seizure medication that has to be administered rectally. Obviously this is not something one can do themselves.
So, usually with asthma an adult would be able to self-administer rescue meds (but not always).
Diabetes and seizures knowing how does not mean being able to in an emergency.
So the issues are; teens are being expected to do what adults may not be able to do, AND allergies are being treated differently.
I'm not understanding your logic SL. Terms and adults alike are expected to be able to administer their own rescue inhaler. And I say "rescue" inhaler, but if my asthma is that bad, that inhaler is not going to rescue me. Seriously---only epinephrine at that point will. The inhaler is for inconvenient asthma in an effort to bring relief and to hopefully keep it from escalating. True for adults and teens.
So really, if Amtrak is going to single out FAs, they should single out asthma as well, but the differnce is that most asthmatics without FAs aren't going to have an EpiPen sonare actually in greater danger all the time (in trains, planes, in the automobile on a road trip) than people with FAS who at least have something that can save them during a life and death moment.
(I had to go to the ER at least once a year growing up for really bad asthma attacks, where they gave me Epi and now my FA gives me the luxury of knowing that if I am having a really bad asthma attack I can help myself before going to the hospital.)
I'm any case, since my son was at least 10, he's been expected to self-administer his inhaler. He does not need to come to me to do that.
If he is alone and has anaphylaxis, I expect him to self-administer epinephrine--unless in the very unlikely event he has passed out.
My logic? Not sure I have any.
Amtrak is expecting teens to self-administer a medication that many adults may not be able to self-administer when they desperately need it.
They are (apparently) not expecting this of teens with some other health issues. Only allergies. (Or is it specifically food allergies?)
Are you agreeing with Amtrak? It seems like you are implying that if adults can't themselves be counted on to self-administer then teens should not be expected to.
By Amtrak's logic, adults with food allergies should not be allowed to ride either.
Well, and that is my logic about it-- if they allow ADULTS to ride without much fuss about a whole variety of health conditions, some of them things that even those adults may not entirely recognize that they have (myocardial infarct, anyone? Maybe we should request that overweight middle aged people be able to prove that they can do their own chest compressions in a pinch? ;) ) then I don't very well see why they have set up such bizarre and arbitrary conditions around this ONE thing in this one age group.
Quote from: Macabre on November 03, 2014, 03:22:54 PM
Are you agreeing with Amtrak? It seems like you are implying that if adults can't themselves be counted on to self-administer then teens should not be expected to.
By Amtrak's logic, adults with food allergies should not be allowed to ride either.
No, actually the opposite. :) I mean that expecting a teen to be capable of more than can (and is) expected of an adult is unreasonable. It's also unreasonable that it's only teens with this one health condition that it is expected of.
Quote from: CMdeux on November 02, 2014, 10:51:46 PM
And for diabetes, similar to anaphylaxis.
that's what I was thinking. Diabetes can be a situation where person may not be able to help him/her self. the whole situation is silly...as brought up previously, why does it only apply to a child when an adult in anaphylaxis may not be any more capable of helping him/herself?
Time for Amtrack to do some ADA compliance!
Quickie explanation. Federal regs receive updates via the Federal Register from the Government Printing Office. My FTA auto-deliver from the fed says that there are ADA amendment proposals for DOT.
http://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26665.pdf (http://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26665.pdf)
They are inviting public commentary. Note this is the DOT ADA.
Quote
The Federal Transit Administration is proposing guidance in the form of seven additional circular chapters to help transportation providers meet the requirements of the U.S. Department of Transportation's Americans with Disabilities Act (ADA) regulations. These proposed chapters include Chapter 3 (Transportation Facilities), Chapter 6 (Fixed Route Service), Chapter 7 (Demand Responsive Service), Chapter 9 (ADA Paratransit Eligibility), Chapter 10 (Passenger Vessels), Chapter 11 (Other Modes), and Chapter 12 (Oversight, Complaints, and Monitoring).
Along with the previously proposed chapters, these chapters are proposed to be part of a series of 12 chapters that will compose a complete ADA circular. FTA published a notice in the Federal Register on November 12, 2014, seeking public comment on these proposed circular chapters. We encourage you to review the proposed chapters and provide your comments. The chapters, along with the Federal Register notice with instructions on submitting comments, may be found here: http://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26665.pdf (http://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26665.pdf)
Announced today.
Federal Transit Authority's ADA Final Rule on Reasonable Modification
Parts 27 and 37--Transportation for Individuals with Disabilities; Reasonable Modification of Policies and Practices (http://www.fta.dot.gov/civilrights/12325.html)
Wow. Wow. I think this deserves its own thread.
Tweeted.
QuoteReasonable modification/accommodation requirements are a fundamental tenet of disability nondiscrimination law—for example, they are an existing requirement for recipients of Federal assistance and are contained in the U.S. Department of Justice's (DOJ) ADA rules for public and private entities, the U.S. Department of Transportation's (DOT) ADA rules for passenger vessels, and DOT rules under the Air Carrier Access Act.
In addition, section 504 has long been interpreted by the courts to require recipients of Federal financial assistance—virtually all public transportation entities subject to this final rule—to provide reasonable accommodations by making changes to policies, practices, and procedures if needed by an individual with a disability to enable him or her to participate in the recipient's program or activity, unless providing such accommodations are an undue financial and administrative burden or constitute a fundamental alteration of the program or activity. Among the Department's legal authorities to issue this rulemaking are section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101–12213.
All well and good, and who among us aren't familiar with the hallmarks of ADA?
Invoking and
prevailing when advocating is where we are met with adversity. Most people want solutions not lengthy processes that bog down federal departments, or filing suits.
QuoteIn addition to the ''modification of policies'' language from the DOJ ADA rules, there are other features of those rules that are not presently incorporated in the DOT ADA rules (e.g., pertaining to auxiliary aids and services).
Although this isn't ACAA if you read the issues in transportation you'll see a repetition of concern on delay, diversion, burden, other passengers affected, it all boils down to the idea that dealing with disability in public transportation is burdensome.
so thinking this might have bearing on flying too?
Yes and no. There's still the contract of carriage that seems to override everything, then there's no case law that really seals the deal. ADA is great for accommodations but where does landing the plane come in? I'm all for epinephrine autoinjectors on planes and buffers, but I put greatest priority on diverted flights because that is completely out of our control. It is also not covered by ADA.
Having said that an upcoming related webinar some may be interested in. I may or may not attend. I really do appreciate when private practice attorneys take the time to make these sorts of presentations but until we have some more robust and streamlined civil law enforcement from departments it's all advocacy and negotiation up front with little recourse unless you have the financial fortitude plus willingness to donate a good chunk of family life to court.
I will say this - he's covering cruise ships. That's probably the first I've heard a presenter covering that topic.
QuoteMarch 18, 2015 » What the ADA Is and Isn't: Where the "Accessible Sidewalk" Ends (https://adagreat.powweb.com/Webinar/ADALegal/Schedule/?utm_source=DBTAC+Legal+webinar+3%2F18%2F15&utm_campaign=031815+webinar&utm_medium=email)
This webinar will provide a discussion and update on thresholds and boundaries of the Americans with Disabilities Act. Presenter J. Aaron McCullough will give an overview of limits who and what is covered under the ADA, and what thresholds or boundaries exist along with updated case information on issues including:
Transitory and Minor Impairments
ADA Specific Exclusions
Employee Count Thresholds and Title II Entities
If and how ADA applies to American Indian Tribes & Reservations under Titles I, II and III
The ADA and Private Clubs
The ADA and Churches, Clergy & the Ministerial Exception
ADA borders, Cruise Ships and International Air Carriers
Speaker:
Aaron McCullough
ADAConsult Services
Continuing Education Recognition:
Great Lakes ADA Center Certificate of Attendance (1.5 Contact Hours)
DOJ came down on Amtrak pretty hard today. This was just released. The findings were in regard readily accessible or mobility impairment but if you have a beef with Amtrak on ADA just email it in while there are two receptive people on the task. Let them know it's more than ramps.
QuoteThe Department is committed to working with Amtrak to find a resolution to its non-compliance with the ADA and to resolve the Department's findings. Please contact David Knight at (202) 616-2110 or david.knight@usdoj.gov or Felicia Sadler at (202) 353-2289 or felicia.sadler@usdoj.gov within 14 days to confirm that you are interested in working cooperatively with the Department to resolve this matter. In the event we determine that we cannot resolve this matter to correct the deficiencies identified in this letter, the Attorney General
QuoteU.S.Access Board Meeting Webcast (July 29)
The U.S. Access Board will hold its next meeting on July 29 from 1:30 – 3:00 (ET) and will stream the proceedings live for the first time. The public is invited to attend the meeting through the scheduled webcast or in person at the Board's conference space in downtown Washington, D.C.
The meeting agenda includes reports from Board committees and from the Executive Director, as well as updates on agency rulemaking and other activities. It also incudes briefings from invited speakers. Marilyn Golden, a Senior Policy Analyst at the Disability Rights Education and Defense Fund, will review major findings from a comprehensive analysis of public transportation accessibility conducted for the National Council on Disability. Maria Town, Associate Director of the White House Office of Public Engagement, is also slated to address the Board.
For further information, visit the Board's website.
Meeting of the U.S. Access Board
July 29, 1:30 – 3:00 (ET)
Webcast link: www.access-board.gov/webcast (http://www.access-board.gov/webcast)
Access Board Conference Center
1331 F Street, NW, Suite 800
Washington, D.C.
Note: For the comfort of all participants and to promote a fragrance-free environment, attendees are requested not to use perfume, cologne, or other fragrances.
Interesting request about environmental requests at the end. I digress. It unfortunately sounds like it will not have Q&A but the value will be in what's presented and by whom. Most likely it will focus on architecture and mobility impairment. Golden is an interesting figure, one who I'd like to hear what her position and mission entails.
And... This month's Allergic Living contains an ad promoting Amtrak as allergy-friendly, with their website www.AmtrakFoodFacts.com (http://www.amtrakfoodfacts.com), as well as stressing that since they allow 2 free bags per passenger you can carry food and medicine on board.
Interesting, no?
Wow.