Teen with food allergy sueing Amtrak

[SilverLining]

http://detroit.cbslocal.com/2014/10/18/michigan-teen-with-nut-allergy-sues-after-amtrak-bars-travel/

[CMdeux]

Makes sense to me.  If they allow some unaccompanied minors, then...  it follows that picking and choosing probably runs afoul of the law.

[LinksEtc]

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/

What follows is a press release from Stein Vargas – I am so very privileged to be able to share this with all of you!

[TT]

Mary Vargas is on board. This might actually get traction.

[TT]

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

[SilverLining]

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.

[PurpleCat]

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. 

[Macabre]

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.

[TT]

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.

[TT]

This is what I've been looking for.

Section 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.

[Janelle205]

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.

[PurpleCat]

Thanks Macabre!

[SilverLining]

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?

[Macabre]

I can speak for asthma. Yes, but so does a teen.

[CMdeux]

And for diabetes, similar to anaphylaxis.