A coalition of major U.S. airlines is challenging a recently enacted Department of Transportation (DOT) rule that increases penalties for airlines when passengers¡¯ mobility devices are lost or damaged. The carriers argue that the rule¡¯s definition of discrimination is overly broad and that it unfairly holds them accountable for circumstances beyond their control, according to USA Today.
The industry lobbying group Airlines for America (A4A)¡ªwhich represents such major airlines as American, Delta, JetBlue, Southwest and United¡ª filed an appeal in the 5th U.S. Circuit Court of Appeals on Tuesday. The appeal particularly targets a specific portion of the law that defines discrimination and requires that they pay certain fees if in violation, calling it overreaching and unlawful.
The rule, implemented under the Biden administration and effective as of January 16, aims to improve air travel for wheelchair users by requiring better staff training, timely repairs or replacements for damaged mobility devices, and reimbursement for alternative transportation when necessary. The DOT has placed the fault for mishandled mobility devices squarely on the airlines, reinforcing the expectation that passengers with disabilities should be able to fly safely and with dignity.
"A rule that makes good on the requirement of safe and importantly dignified air travel for wheelchair users is, I think, much needed," Biden-era Transportation Secretary Pete Buttigieg told?USA Today in a 2024 interview.
Flying with a wheelchair can be a difficult process for many travelers with disabilities, with an estimated 10,000 to 15,000 mobility devices damaged or destroyed every year. That was equivalent to about 1.4 percent in 2023, according to DOT statistics.
As part of the finalized regulation, the DOT said it "considers the mishandling of wheelchairs, scooters, and assistive devices, and unsafe, undignified, and untimely wheelchair assistance, to constitute discrimination on the basis of disability." The rule adds, "Those actions impose burdens on passengers with disabilities that they do not impose on passengers without disabilities. Those actions also deny passengers full and equal access to carriers¡¯ services."
In their appeal, A4A and the participating airlines argued that certain aspects of the rule unfairly classify unavoidable incidents as discrimination. For example, they contend that turbulence, which could potentially damage a properly secured wheelchair in the cargo hold, should not be considered an act of discrimination that warrants penalties.
The airlines also raised concerns about situations where a flight may be unable to accommodate a wheelchair in the cabin or cargo compartment due to aircraft limitations.
A4A emphasized that its member airlines are committed to enhancing accessibility for passengers with disabilities. "U.S. airlines are dedicated to providing exceptional customer service and ensuring a safe, inclusive travel experience for passengers with disabilities," an A4A spokesperson told USA Today via email. "A4A and our passenger carriers are continuously engaged with the disability community, the Department of Transportation (DOT) and others to identify and implement solutions to accessibility barriers."
The organization reported that it has been "making meaningful progress enhancing services for passengers with disabilities," such as those outlined in the 2022?Passenger Accessibility Commitment. As part of this commitment, airlines established a passenger accessibility advisory group, upgraded employee training, streamlined passenger transfers and mobility device handling, and invested in research to improve onboard accessibility.
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