The Law Offices of Sam Bernstein - Notable Cases - Northwest Airlines and Wayne County Airport Authority (filed April 2008)

Northwest Airlines and Wayne County Airport Authority (filed April 2008)

Suit filed against Northwest Airlines (NWA) and Wayne County Airport Authority on behalf of five disabled passengers, claiming that NWA and the Airport Authority violated the Americans with Disabilities Act of 1990, the Carrier Act and the Rehabilitation Act. The suit alleged that Detroit Metro Airport and NWA have dropped passengers to the floor, denied them accessible parking, damaged wheelchairs and failed to provide an area for guide dogs to relieve themselves. Further, the suit alleged that Detroit Metro Airport could be in violation of federal laws developed to improve access for the physically disabled.

On 3 September 2008, U.S. District Court Judge George Caram Steeh III ruled that the ADA applies to air carriers. According to expert Gary Talbot of Boston, formerly of the U.S. Access Board, the ruling means floor slopes, boarding platforms, counter heights, bathrooms, how wheelchairs are handled and anything pertaining to Metro Airport must comply with ADA architectural guidelines. Talbot submitted a 100-page audit to the U.S. District Court in December 2008. According to an interview of Talbot in The Detroit News, the decisions of the judge in this case could drive change across the country with regard to ADA compliance and structural changes required to achieve compliance.

Announced on 27 September 2011, an order in U.S. District Court in Detroit resolved approximately 60 disputed items within the lawsuit had reached settlement. The order was signed by Judge Steeh, Atlanta-based Delta Airlines (which became part of the suit when it purchased Northwest Airlines during the time of the lawsuit) and the Airport Authority to make significant modifications to bring them into compliance with the Americans with Disabilities Act laws, and in some cases, the airline and airport authority already have (as of 30 September 2011). The order covers changes to Detroit Metro Airport's McNamara Terminal, North Terminal, parking garages, the Westin Hotel and airport shuttle buses to better accommodate disabled passengers. The court also ruled that the airlines and airport authority violated the Americans with Disabilities Act by not providing an accessible path from an elevator discharge area to a pedestrian bridge at the airport in Romulus, southwest of Detroit.

Major upgrades include installing new curb ramps, accessible restroom stalls and cane detectors throughout the airport, as well as altering the slope of some ramps. Minor modifications include: signage changes, removal of confusing elevator switch plates and the provision of staffers to help disabled flyers at airline kiosks or crossing jet bridges.

The lawsuit was dismissed as part of the agreement for upgrades, and the airport and airline did not admit to wrongdoing or liability, as part of the agreement. The airline and airport authority have three years to comply with the modifications. Under the agreement, significant changes can be completed after the three years has elapsed and the timeline is open to negotiation.

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