Teen with food allergy sueing Amtrak

[Janelle205]

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.

[SilverLining]

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.

[Macabre]

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.

[SilverLining]

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?)

[Macabre]

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.

[CMdeux]

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.

[SilverLining]

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.

[Mfamom]

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! 

[guess]

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

They are inviting public commentary.  Note this is the DOT ADA.

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

[ninjaroll]

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

[Macabre]

Wow. Wow. I think this deserves its own thread.

[Macabre]

Tweeted.

[ninjaroll]

Reasonable 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.

In 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. 

[ajasfolks2]

so thinking this might have bearing on flying too?

[ninjaroll]

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. 

March 18, 2015 » What the ADA Is and Isn't: Where the "Accessible Sidewalk" Ends
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)