In an attempt to overturn new consumer rules that favor passengers with impairments, the major United States airlines have launched a lawsuit. They contend that by enforcing more stringent rules regarding the handling of wheelchairs on airplanes, the Department of Transportation (DOT) went beyond its powers.
The association Airlines for America and five airlines—American, Delta, JetBlue, Southwest, and United—brought the case before the Court of Appeals for the Fifth Circuit. The aforementioned law, which was put into effect in 2024 under the Joe Biden administration, states that improper wheelchair handling is a breach of the Air Carrier Access Act.
The airlines have criticized the rule, calling it unnecessary and an unjustified imposition. They claim that they have made improvements in several areas, such as reducing wheelchair-related incidents, training employees and developing accessibility solutions. However, disability rights advocates argue that the regulation is essential to ensure that passengers get proper treatment.
The problem of mishandled wheelchairs
An estimated 5.5 million people in the United States rely on a wheelchair, and many face difficulties when traveling by plane. According to data from the Department of Transportation, 11,527 incidents of mishandled wheelchairs and scooters by airlines were reported in 2023 alone.
To address this problem, the regulation passed in December 2023 requires airlines to provide their staff with annual training in caring for passengers with disabilities. It also requires that affected travelers get immediate assistance and be informed of their rights in case of delay, loss or damage to their mobility equipment.
Leaders in the defense of the rights of people with disabilities, such as Maria Town, president of the American Association of People with Disabilities, have pointed out that many people avoid flying for fear that their wheelchairs will be damaged, limiting their independence and mobility.
Other contested regulations
Airlines have contested a rule that requires the disclosure of prices for checked luggage, modifications, and flight cancellations, in addition to contesting protections for those with disabilities. This rule has been put on hold for the time being.
Remember that in October 2023, American Airlines agreed to pay $50 million to settle claims that it did not manage wheelchairs appropriately or provide enough assistance to passengers with disabilities. The incident raised a lot of public attention, especially after a video of a wheelchair being carelessly pushed from a ramp was released, even though the airline denied any misconduct.
