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Airlines Sue to Rescind Consumer Protection Rule For Travelers Who Use Wheelchairs

Airlines should be responsible for damaging or disabling wheelchairs while in their care.

Airlines sue to rescind consumer protection rule for travelers who use wheelchairs that was initiated by the Department of Transportation of the United States last year, as the mishandling of wheelchairs by employees of airlines became a violation of the federal Air Carrier Access Act as a result.

Airlines Sue to Rescind Consumer Protection Rule For Travelers Who Use Wheelchairs

Along with Airlines for America — which is a trade group for the commercial aviation industry in the United States — American Airlines, Incorporated; Delta AirLines, Incorporated; JetBlue Airways Corporation; Southwest Airlines Company; and United Airlines, Incorporated filed a lawsuit against the Department of Transportation with case number 2560071 to petition for review the new final rule on Tuesday, February 18, 2025 in the United States Fifth Circuit Court of Appeals, claiming that the Department of Transportation had exceeded its authority in enacting the final rule.

“Progress has been made in four key areas aimed at improving the travel experience for passengers with mobility aids — reducing instances of wheelchair mishandling, advancing employee training and education programs, forming passenger accessibility advisory groups and supporting research for onboard accessibility solutions,” according to an official statement by Airlines for America that was released to the media.

The rule — which represented the largest expansion of rights for airline passengers who use wheelchairs since 2008 — requires that airlines meet rigorous standards for accommodating passengers with disabilities safely and with dignity in three key areas:

  • Penalties and Remedies For Mishandling of Wheelchairs
  • Safe, Dignified, and Prompt Assistance
  • Improved Standards Aboard Airplanes

Additionally, airlines are required to offer annual training for employees who interact with disabled passengers; and that passengers with disabilities get prompt assistance during their travels. If a wheelchair is checked but is delayed, missing, or damaged, the rule requires that passengers be told options including the right to file a claim or receive a loaner device.

The wheelchair of Samantha Jade Durán was reportedly damaged when it was stored with luggage in the cargo hold by employees of an airline back in 2017. Pete Buttigieg — who was secretary of the Department of Transportation at the time the rule was introduced — worked with Durán and other advocates of disabled people to create the rule, which was finalized on Monday, December 16, 2024.

“Air travel has long posed a substantial safety risk to disabled people’s independence, safety, and economic stability,” Maria Town — who is the current president and chief executive officer of the American Association of People with Disabilities — said, according to this official press release from the organization back on Wednesday, December 18, 2024. “I applaud and am grateful for the leadership of the Department of Transportation and Secretary Buttigieg and Kelly Buckland, former AAPD Board Member and current Department of Transportation Disability Policy Adviser for their leadership in addressing this public health and safety issue that has caused expense, injury, and even death for disabled people for far too long. For wheelchair and scooter users, like myself, our mobility equipment is our freedom and independence, which is why an estimated 1 in 10 disabled people do not fly because of fear of damage to their equipment.”

An estimated 5.5 million Americans use a wheelchair, which is expensive and can cost up to $45,000.00; and many encounter barriers when it comes to air travel. In 2023, 11,527 wheelchairs and scooters were mishandled by carriers required to report this data to the Department of Transportation.

In July 2023, the Department of Transportation finalized a rule to require airline lavatories to be accessible to people with disabilities. The Department of Transportation also established the first Airline Passengers with Disabilities Bill of Rights to help educate passengers with disabilities about their rights when they travel. The Department of Transportation has also begun preliminary groundwork for a possible future rule that would address passengers staying in their own wheelchairs when they travel via airplane.

This is not the only legal action that has been undertaken by Airlines for America and airlines against the Department of Transportation in recent months. In a potential setback to consumers, the new final airline fee transparency rule was blocked temporarily by the Fifth United States Circuit Court of Appeals in Louisiana on Monday, July 29, 2024 pending a complete review of the regulation, citing that the rule “likely exceeds DOT’s authority and will irreparably harm airlines”. The final airline fee transparency rule from the Department of Transportation of the United States — which was originally introduced on Wednesday, April 24, 2024 — was designed to require airlines to provide upfront disclosure and protection to customers from surprise junk fees while promptly providing passengers with automatic cash refunds when owed if their flights were cancelled or significantly changed; their checked bags were significantly delayed; or the ancillary services which they purchased are not provided. That rule is currently on hold.

The Case Against American Airlines in 2023

a white airplane on a runway
Photograph ©2018 by Brian Cohen.

The Department of Transportation announced on Wednesday, October 23, 2024, that a record penalty of $50 million was levied against American Airlines for numerous serious violations of the laws protecting airline passengers with disabilities between 2019 and 2023. “DOT’s investigation into American Airlines uncovered cases of unsafe physical assistance that at times resulted in injuries and undignified treatment of wheelchair users, in addition to repeated failures to provide prompt wheelchair assistance”, according to this official press release from the federal government agency. “In its investigation of American Airlines, DOT reviewed complaints against the airline involving allegations of inadequate wheelchair assistance, including three formal complaints filed by Paralyzed Veterans of America alleging similar issues. DOT also investigated American’s handling of wheelchairs between 2019 and 2023, including an incident captured on video at the Miami International Airport of American’s personnel mishandling a wheelchair by dropping it down a baggage ramp. American had been one of the worst performers among U.S. airlines in terms of both the total number of wheelchairs and scooters mishandling claims and the rate of mishandling claims, and DOT’s investigation revealed a significant number of violations.”

American Airlines responded with its own press release on that same day: “American has a long-standing commitment to serving passengers with disabilities. In 2023, American served more than 8 million passengers who requested assistance, and transported more than 146,000 wheelchairs and other personal mobility devices. American provides these services in accordance with all regulations free of charge and in challenging airport environments around the world where weather, air traffic control, and other complexities can make travel difficult for all passengers. In recognition of the special challenges passengers with disabilities face, in 2024 alone, American invested more than $175 million in services, infrastructure, training and new technology to help ease their journey and transport their specialized equipment.”

A video of employees of American Airlines crew members mishandling one of several wheelchairs was posted on TikTok on Sunday, November 19, 2023 and was subsequently viewed by millions of people, which prompted people with disabilities to speak out about their negative travel experiences.

Final Boarding Call

I prefer less intervention from the federal government in general; but considering how expensive wheelchairs can cost, disabled passengers should not have to worry about their equipment getting damaged while they are traveling — especially if the damage causes the wheelchairs to no longer function as intended. As long as airlines accept wheelchairs as part of what they are transporting, they should be held responsible for any significant damage that is inflicted on them while in their care — rule or no rule…

…but then again, perhaps disabled travelers be responsible for ensuring that their wheelchairs and other expensive equipment is insured and properly prepared for travel — as with musicians who travel with expensive instruments and athletes who travel with expensive equipment as two of myriad examples…

Photograph ©2018 by Brian Cohen.

  1. This annual training is likely to be some boring, useless training that employees don’t even use.

    Baggage handling and wheelchair handling will likely always be rough.

    If someone has a special wheelchair, the airline likely won’t have a suitable loaner. If the person can manage with any kind of wheelchair, the airline will likely be able to provide something.

    Essentially what the law requires is that airlines self insure the handling of expensive wheelchairs. Someone who can use a regular wheelchair is likely only recently and temporarily injured and wouldn’t be traveling. There are lots of specialized wheelchairs, padding, motorization, and other features.

  2. It seems no airline should have the burden of transporting expensive, specialized machinery for anyone.

    Owner of delicate, specialized wheelchairs or other devices should pay to have them professionally crated and transported.

    Airlines should do their best to use conventional wheelchairs to assist their passengers reach their seat. Beyond that, it should fall on the user to have additional assistance in place or find other transportation options.

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