Rose v. Delta Airlines, Inc
2:15-cv-13567
E.D. Mich.Apr 1, 2016Background
- Plaintiffs Donna Rose and Paul Palmer (on behalf of Michigan Flyer interests) seek a TRO/preliminary injunction to stop WCAA and Delta from implementing new Ground Transportation Regulations at DTW effective April 4, 2016, challenging relocation of intercity bus stops from International Arrivals to the Ground Transportation Center (GTC).
- Plaintiffs claim the GTC Stop is approximately 600 feet from Door 402 (the terminal entrance) and not the "shortest accessible route," alleging ADA and Rehabilitation Act violations and that the new closer stops are segregated.
- Prior litigation (Lawson I and related actions) addressed the GTC relocation and produced a Settlement Agreement that accepted the GTC Stop with accommodations (shelters, heating, customer service); Michigan Flyer participated actively in prior suits and sought intervention here.
- WCAA adopted Regulations creating additional nearer stops (McNamara Departures Level Curb, Door 402, Stall 5) with procedures for drivers to announce and provide closer drop-offs to passengers who request accommodation, without requiring disclosure of disability or advance reservation.
- The district court found Plaintiffs’ core legal premise—that they are entitled to the absolute shortest accessible route or preferential access for Michigan Flyer—unsupported by law or record, and that the Regulations provide accessible, non-segregated accommodations.
- Court denied TRO/PI as Plaintiffs failed to show a strong likelihood of success on the merits or irreparable harm; claims against Delta were dismissed for lack of developed argument that Delta had authority to enact remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Defendants must provide the "shortest accessible route" | Plaintiffs: ADA/Rehab Act entitles passengers to shortest accessible route (Door 402) | WCAA: No legal requirement to provide shortest route; Regulations adequately provide access | Court: No entitlement to shortest accessible route; Plaintiffs unlikely to prevail |
| Whether the new Regulations create an impermissibly segregated service | Plaintiffs: New Stops segregate disabled passengers and require disclosure/reservations | WCAA: New Stops are optional accommodations; no disclosure or reservation requirement; drivers announce accommodation option | Court: New Stops are additional, non-segregated accommodations; not unlawful segregation |
| Whether Plaintiffs will suffer irreparable harm absent injunction | Plaintiffs: humiliation, stigmatization, missed flights, scheduling harms | Defendants: Regulations avoid disclosure; assistance services and customer-service improvements mitigate harms; alleged scheduling harm speculative | Court: Plaintiffs failed to show likely irreparable harm; harms speculative |
| Whether relief may be granted against Delta | Plaintiffs: Delta discriminates as tenant/operator | Delta: No authority to implement Regulations; not responsible for corrective action | Court: Plaintiffs waived/failed to develop claims against Delta; relief denied as to Delta |
Key Cases Cited
- Basicomputer Corp. v. Scott, 973 F.2d 507 (6th Cir.) (money damages preclude finding of irreparable harm for injunctive relief)
- Workman v. Bredesen, 486 F.3d 896 (6th Cir.) (four-factor preliminary injunction standard used in Sixth Circuit)
- Lewis v. Humboldt Acquisition Corp., 681 F.3d 312 (6th Cir.) (distinguishes ADA and Rehabilitation Act causation/standards)
- Winter v. Natural Res. Def. Council, 555 U.S. 7 (U.S.) (injunctions require a clear showing of likely irreparable harm)
- McPherson v. Kelsey, 125 F.3d 989 (6th Cir.) (issues perfunctorily raised and undeveloped are waived)
- Becherer v. Merrill Lynch, Pierce, Fenner & Smith, 43 F.3d 1054 (6th Cir.) (virtual representation/privity principles relevant to preclusion)
- In re Air Crash at Detroit Metro. Airport, Detroit, Mich., on Aug. 16, 1987, 976 F. Supp. 1076 (E.D. Mich.) (nonparty preclusion/privity framework explained)