A major aviation lobby group supported by American Airlines, Delta, JetBlue, Southwest, and United Airlines is taking the Department of Transportation (DOT) to court in a bid to rollback recently introduced protections for disabled American travelers.
The lawsuit, filed on behalf of the five airlines by Airlines 4 America in the 5th U.S. Circuit Court of Appeals, argues that the DOT (under the governance of the Biden administration) overstepped its rulemaking authority and should, therefore, be set aside.
The rule, known as Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs, was published in December 2024 to address what the DOT described as “serious problems” that disabled travelers face when their wheelchairs are damaged by airlines or when they are injured during transfers to or from their airplane seats.
Major US carriers have, however, taken exception with the aim of the regulations to “increase access to safe and dignified air travel for individuals with disabilities,” which, for the first time, defines what safe and dignified actually means.
The regulations now require airlines to:
- Have trained assistance staff ready to deplane a disabled traveler by the time the last able-bodied passenger has disembarked
- Have the disabled person’s wheelchair or scooter available at the aircraft door by the time it comes for them to deplane
- Makes airlines automatically liable for damage incurred to a wheelchair during transit
- And to provide a loaner wheelchair or scooter while the disabled person’s own assistance device is being fixed at the expense of the airline
The regulations also require airlines to return mishandled assistance devices to their owners within 24 hours for domestic flights, using whatever means necessary.
While some of the rules took effect in January, other parts of the regulations aren’t due to become legally enforceable until March or December 2025. For example, the compliance date requiring airlines to reimburse the fare difference if a passenger is forced to book a more expensive flight due to restrictions on their wheelchair fitting in the cargo hold or cabin of the flight they want to take, isn’t due to take effect until March 17.
During the comment period for this rulemaking, the DOT received feedback from Airlines 4 America (A4A), which was “generally” supportive of the proposal, although the lobby group took exception with the Department taking action to define what safe and dignified means.
A4A, as well as the International Air Transport Association (IATA), was also concerned about the requirement to have assistance staff ready to deplane disabled travelers, saying that there are so many factors beyond the control of an airline that it is sometimes impossible to have assistance staff in the right place at the right time.
In October 2024, American Airlines was slapped with a record fine for its failure to properly care for disabled travelers. The DOT fined the Fort Worth-based carrier $50 million for its failures.
The penalty was 25 times larger than the DOT’s previous biggest penalty for disability rights law violations, although American Airlines was only required to pay half the fine amount, as it was credited for investing millions of dollars in improving its service towards disabled passengers.
While your headline above may make this appear to be a cynical and, frankly, evil move by the airlines – the truth is much more nuanced. Millions of passengers in the USA claim to be disabled in some way in order to secure favorable screening, transport to gates, and priority boarding. There’s no sight so miraculous to behold as what you see on arrival in a place like Fort Lauderdale or Phoenix, when dozens of previously disabled passengers disembark the aircraft and jaunt down the jetway to the terminal, seemingly cured from whatever ailed them in the past. It’s a thing to thing to behold. And, it’s emblematic of abuse. So, I can’t blame the airlines for requesting some relief from these requirements.
I had a great experience with American flying from Phl to St George Utah, in Fall of 2024.
I had a personal travel walker that collapsed & folded
Everone was so helpful.
Great experience American.
Not to be too blunt, but some of the requirements like having someone’s personal chair or device at the jetway door by the time they deplane may put some ramp agents in wheelchairs themselves. Sorry, not going to have people dead lift a 300-400lb chair up jetway stairs from the ramp. It’s going to go via an elevator, which may not be nearby. That’s called not endangering employees.
This fare difference thing… I mean, if someone wants to travel somewhere that there is no airplane serving it that can take some of these massive motorized chairs, then what?
I think the issue is that they did leave it up to airlines to create policies to effectively deal with this issue, and the airlines failed to accommodate people. According the bullet points above it does not require that all those fake wheelchair assistance people be met by wheelchairs, it says those who checked their own wheelchair or assistive device need to have that item made available in a reasonable time period (after the last other person is off the plane). This means airlines will actually have to care where they put that assistive device on the plane so it is the first thing off the plane and can (even when it needs to get to an elevator a few gates down, etc to get up to the gate) be waiting for the passenger when they disembark. It also holds them accountable for damage they do to any assistive items. It does require that when someone requests assistance staff to meet them, those trained staff must meet them by the time the last able bodied passenger has gotten off the plane. That gives those staff plenty of time to get there, even if the gate changed. I am not sure how to stop people who abuse systems from abusing systems- that is a bigger problem than anyone can handle but it shouldn’t mean airlines don’t do the right thing for the people who need them to do the right thing. I mean overall, this is a government trying to protect people who would like to travel just like the rest of us and asking airlines to give a crap when it doesn’t make them more money- shock, gasp, eeek! Also not shocked that the airlines didn’t voluntarily make these types of rules when the issue was pointed out to them nor am I surprised that they are now trying to get out of it. I hope y’all never have to use a wheelchair and still want to fly somewhere!
I traveled with my disabled wife for years. From the check in desk the airport provided wheelchair service through security to the gate/ lounge and then to the door of the aircraft. If needed an aisle chair was available. On arrival there was a similar service from door to immigration and customs if travelling internationally or to the baggage claim. When booking with United there is a part of the process which asks if you require this service and to reserve it . It will also be reserved at your destination.
Under the exceedingly liberal terms of the ACAA Regulation, one merely need to imagine they’re disabled to qualify as an individual with a disability. Every passenger on a flight may preboard. One need only lie on the US DOT’s Service Animal Air Transport Form to transport their pet as a service animal. Airlines have little to no recourse to stop abuse and protect the rights of individuals with bonafide disabilities. The result is the erosion of public trust in the very laws meant to protect society’s most vulnerable people. The problem is government itself. The excessive liberalness of the rules have resulted in thir own undoing.
The bullet points specifically mention people travelling with personal devices, IE scooters, walkers, and wheelchairs. This doesn’t cover people who take disability to be transported on an airport wheelchair. It covers people travelling with their OWN, PERSONAL items. Hope this helps!
Does anyone know who’s representing the disabled in opposing this airline effort. And yes, the airlines need to sort out the truly disabled from those that use it just to get priority boarding on the plane and then they run off the airplane upon arrival! I’ve been disabled for a year and controls are needed as airlines do things for profit and accommodating truly disabled passengers is not always profitable. So some reasonable disability protection laws need to be in place.
Recently boarded an AA flight from DFW to TPA where seven wheel chair pax were pre boarded. I was seated near the last row and was amongst the last to deplane, only one person remained seated awaiting assistance and seven empty wheelchairs were aligned on the Jetbridge. The government and the airlines must find a solution to alleviate this abuse, perhaps placing the proof of disability upon the passengers to provide a letter specifically designating each flight’s they are flying in from a medical professional . This will still allow the disabled to travel and discourage the line jumpers.
Airlines need to be held responsible for treatment of disabled passengers. I don’t care if someone in a wheelchair “jumped” in front of you. I traveled home from a federal deployment after a stroke, and had wheelchair transportation in the departure airport. I was able to emplane without the wheelchair. I had requested wheelchair assistance from the top of the jetway on arrival. No one was there, and there was no one to ask. I had to creep my way half a mile to baggage claim, where I met my ride. To hell with their profits.
I’ve often requested to pre-board at the gate; I am disabled and, while I can normally make my own way through the airport–not needing a wheelchair–it is painful and difficult to stand in a long queue waiting to board. I think it would be quite sensible to ask that a patient have a form filled out by a physician if requesting assistance. A form for each specific flight, mentioned above, seems excessive for permanent disability and could be achieved by issuing a photo ID card. I just wanted to speak out as someone able to walk on and off of a plane but still needing accommodation.