NYCLawGirl
New member
Good questions Sonia. Let me preface by saying that my understanding of the ADA is limited right now b/c I haven't done any specific research on it. Also, this is obviously offered in a personal rather than professional capacity. For specific questions, you would obviously need to consult a lawyer professionally.
The ADA applies to some types of public buildings. This is why you hear about places trying to bring themselves "up to code" or "in line" with the ADA. For example, a public school with multiple levels and no elevator or ramp system would not be ADA compliant. Not sure about smoking, though I do know it is not generally allowed in public buildings (courthouses, post offices, etc). But remember, some buildings are both public (in the sense that they serve the general population) and private (in the sense that they are privately owned). An example is a restaurant. Unless your city/state has an ordinance regarding smoking in bars or restaurants, you would not be able to demand smoke-free air based on your disability. Why? Because you could just choose another restaurant to eat in, basically.
Airplanes are common carriers, which means private business regulated to some extent by the government because of the service they provide by moving people around the country. Because of that, they toe the line between private and public. An airline has to accommodate certain disabilities, but if there is a charge to them then there is no prohibition (to my knowledge) on passing that along to the customer. So if an obese person who has a legitimate disability is too big for one seat, the airline can make him/her pay more (often the person is charged a seat and a half, I believe). Likewise with O2. Oxygen on airlines could pose a safety hazard, so I would guess that an airline would be reasonably allowed to restrict O2 use to its own equipment, since that can be tested for safety, etc. Then the airline has an additional cost (i.e., the cost of the O2), and can charge the customer for that expense. So I do not think the ADA could be used to argue for free O2 on flights.
Some airlines are now charging for extra baggage. This is not a safety issue, it is simply a cost issue (more bags = more weight = more fuel = more costs to the airline). So it might be possible that you would have an ADA claim if an airline wanted to charge you extra for additional bags carrying necessary medical equipment. I just don't know the answer there.
The thing to remember is that if the government requires airlines to pay more to accommodate disabled persons but they are not allowed to charge for it, then the airline will pass that along to all the customers in the form of increased ticket prices. This is still (arguably) better, because it does not target disabled people specifically and it spreads a small cost over multiple people rather than having one person foot the whole bill, but healthy people (i.e., the majority of voters) might not see it that way.
The ADA applies to some types of public buildings. This is why you hear about places trying to bring themselves "up to code" or "in line" with the ADA. For example, a public school with multiple levels and no elevator or ramp system would not be ADA compliant. Not sure about smoking, though I do know it is not generally allowed in public buildings (courthouses, post offices, etc). But remember, some buildings are both public (in the sense that they serve the general population) and private (in the sense that they are privately owned). An example is a restaurant. Unless your city/state has an ordinance regarding smoking in bars or restaurants, you would not be able to demand smoke-free air based on your disability. Why? Because you could just choose another restaurant to eat in, basically.
Airplanes are common carriers, which means private business regulated to some extent by the government because of the service they provide by moving people around the country. Because of that, they toe the line between private and public. An airline has to accommodate certain disabilities, but if there is a charge to them then there is no prohibition (to my knowledge) on passing that along to the customer. So if an obese person who has a legitimate disability is too big for one seat, the airline can make him/her pay more (often the person is charged a seat and a half, I believe). Likewise with O2. Oxygen on airlines could pose a safety hazard, so I would guess that an airline would be reasonably allowed to restrict O2 use to its own equipment, since that can be tested for safety, etc. Then the airline has an additional cost (i.e., the cost of the O2), and can charge the customer for that expense. So I do not think the ADA could be used to argue for free O2 on flights.
Some airlines are now charging for extra baggage. This is not a safety issue, it is simply a cost issue (more bags = more weight = more fuel = more costs to the airline). So it might be possible that you would have an ADA claim if an airline wanted to charge you extra for additional bags carrying necessary medical equipment. I just don't know the answer there.
The thing to remember is that if the government requires airlines to pay more to accommodate disabled persons but they are not allowed to charge for it, then the airline will pass that along to all the customers in the form of increased ticket prices. This is still (arguably) better, because it does not target disabled people specifically and it spreads a small cost over multiple people rather than having one person foot the whole bill, but healthy people (i.e., the majority of voters) might not see it that way.