Several major US airlines are fighting a new federal rule designed to improve travel for people with disabilities. American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, United Airlines, and their trade organization, Airlines for America, or A4A, have petitioned the United States Court of Appeals for the Fifth Circuit to reconsider the regulations that the Department of Transportation finalized in December.
The Biden administration praised the rule as the largest expansion of rights for airline passengers with disabilities in a generation, requiring annual training for airline staff and contractors who assist people with disabilities or handle wheelchairs. It further clarifies that this form of aid must be “safe and dignified,” and specifies what must happen if a wheelchair is damaged or delayed.
If a device gets damaged, under the rule, a temporary device must be provided. Customers will have the option of having the airline manage any repairs or replacements or making their own arrangements at the carrier’s expense. The rule also specifies that delayed wheelchairs or scooters must be returned to passengers within 24 hours for domestic flights.
“As the airlines will explain, the court should ‘hold unlawful and set aside’ the rule, in whole or in part, because provisions of the rule exceed DOT’s statutory authority and the rule violates the Administrative Procedures Act,” reads the petition to the court, which goes on to describe the rule as “unlawful.”
Notably, the law makes it an automatic violation of the Air Carrier Access Act for airlines to damage or delay the return of a wheelchair or other assistive device. The airlines are now arguing that the Transportation Department overstepped. Despite these claims, individuals behind the legal action stated that they do not oppose the entire rule, but just certain sections. ““U.S airlines are dedicated to providing exceptional customer service and ensuring a safe, inclusive travel experience for passengers with disabilities,” said Hannah Walden, director of communications at Airlines for America. “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.”
When the rules was finalized late last year, the Transportation Department stated that approximately 5.5 million Americans use wheelchairs, and that one in every hundred wheelchairs or scooters on domestic flights is damaged, delayed, or lost. American Airlines is among the worst when it comes to the number of mishandled devices. A Transportation Department official stated that from 2019 to 2023, American Airlines had the second-highest mishandling rate and the second-highest number of reported damages per year.
The new rule went into effect on January 16, but the Trump administration announced this week that it will defer enforcement until March 20 “to review the final rule to ensure that it is consistent with the law and administration policies.” The Transportation Department did not respond to a request for comment on the rule or the airlines’ legal actions.
Disabled people should be able to take a flight safely. It is disappointing to know that airlines see our safety as an overstep. For disabled people, a damaged or missing assistive device is more than a minor inconvenience, it’s life-changing.
Sources:
Diament, Michelle. “Feds Crack down on Airline Mistreatment of Passengers with Disabilities.” Disability Scoop, Disability Scoop, 24 Oct. 2024, http://www.disabilityscoop.com/2024/10/24/feds-crack-down-on-airline-mistreatment-of-passengers-with-disabilities/31128/.
Helsel, Phil. “American Airlines Fined $50M for Violating Disability Laws.” NBC News NBCUniversal News Group, 23 Oct. 2024, http://www.nbcnews.com/news/amp/rcna176717.
Heasley, Shaun. “New Rule Expands Disability Rights in Air Travel.” Disability Scoop, Disability Scoop, 17 Dec. 2024, http://www.disabilityscoop.com/2024/12/17/new-rule-expands-disability-rights-in-air-travel/31221/.
Heasley, Shaun. “Airlines Push Back on Expanded Rights for Passengers with Disabilities.” Disability Scoop, Disability Scoop, 20 Feb. 2025, http://www.disabilityscoop.com/2025/02/20/airlines-push-back-on-expanded-rights-for-passengers-with-disabilities/31308/.