Michelle Gilstrap v. United Air Lines, Inc.

Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries, as a result. Gilstrap sued United, alleging several causes of action under California state tort law and a violation of Title III of the Americans with Disabilities Act of 1990 (“ADA”). Our questions are (1) whether Gilstrap’s state-law claims are preempted by the federal Air Carrier Access Act (“ACAA”) and, if so, in what respect; and (2) whether airport terminals are among the “places of public accommodation” governed by Title III of the ADA.

I. FACTUAL AND PROCEDURAL HISTORY

Michelle Gilstrap has difficulty walking because she has a collapsed disc in her back, one replaced knee, another knee that needs replacing, and osteoarthritis. In August 2008, she flew on United from Los Angeles to Calgary, from Calgary to Chicago, and finally from Milwaukee back to Los Angeles (via Denver). Gilstrap again flew on United in December 2009, this time from Burbank, California, to…