Law Office of Lainey Feingold
Disability Rights Legal Advocacy

The Plaintiffs in the accessibility lawsuit against JetBlue Airways have filed a Notice of Appeal in the Ninth Circuit Court of Appeals. The Notice is the first step in their effort to reverse the District Court’s August 3, 2011 order that threw the case out of court.

The lawsuit is about JetBlue’s website and airport kiosks that are not accessible to people with visual impairments. The lower court ruled that California state law protecting the civil rights of persons with disabilities does not apply to airline websites and kiosks. The court’s ruling only applies to airline web sites and kiosks, and does not affect legal advocacy efforts seeking access to other websites or kiosks.

In a blow to the rights of people with disabilities in California and across the country, a second United States federal judge has ruled that state anti-discrimination laws do not apply to airline websites and kiosks. In a closely watched case against JetBlue Airways, Judge Joseph Spero ruled on August 3, 2011 that regulations issued by the United States Department of Transportation — no matter how weak and ineffective — strip away the rights California residents with visual impairments to access and use JetBlue’s website and airport kiosks.

The Judge threw the case out of court on the airline’s motion to dismiss. In doing so, he followed in the footsteps of another federal District Court Judge in California who ruled in April that because of the federal Department of Transportation’s actions, United Airlines was free to have airline check-in kiosks that cannot be used by people with disabilities.

At 9:30 in the morning on July 22, a courtroom in the federal building in San Francisco was filled with blind and visually impaired individuals. They had gathered to hear arguments about whether the accessibility case against JetBlue Airways should be thrown out of court. Judge Joseph Spero asked thoughtful questions and listened carefully to arguments on both sides of the case. He is expected to issue his ruling within the next ninety days. The lawsuit alleges that JetBlue has violated California law by maintaining a website and operating airport check-in kiosks that are inaccessible to individuals with visual impairments.

On July 22, 2011, there will be a hearing in the federal court house in San Francisco in the disability access case against JetBlue Airways. JetBlue is asking United States District Court Magistrate Judge Joseph Spero to dismiss the case. The hearing will be held at 9:30 a.m. at 450 Golden Gate Avenue in Court Room A on the 15th Floor. The hearing is open to the public. The case, brought by the California Council of the Blind and three blind JetBlue customers, is about access barriers on JetBlue’s website and the inaccessibility of JetBlue’s airport check-in kiosks to people with visual impairments.

The California Council of the Blind and three California residents with visual impairments have filed a lawsuit against JetBlue Airways in Federal Court for the Northern District of California. The lawsuit alleges that JetBlue has violated California law by maintaining a website and operating airport check-in kiosks that are inaccessible to individuals with visual impairments. The lawsuit is based on three California laws: the Unruh Act, the California Disabled Persons Act, and the California Unfair Competition Law.