The Air Carrier Access Act (ACAA) was signed into law in 1986 to protect airline passengers with disabilities.
But the law does not allow passengers with disabilities to enforce their own rights through civil litigation as the Americans with Disabilities Act does. They can only file a complaint with the Department of Transportation.
U.S. Rep. Abigail Spanberger of Virginia is leading an effort to encourage the U.S. DOT to review enforcement of disability-related violations. Spanberger, Rep. Steve Cohen of Tennessee and Dina Titus of Nevada sent a letter to U.S. Secretary of Transportation Pete Buttigieg asking for review of the enforcement of the ACAA and for the DOT to better protect Americans with disabilities in air travel.
The members of Congress were prompted to send the letter after hearing from Virginians with disabilities who have faced unacceptable treatment, were dropped from their wheelchairs while boarding airplanes and had their wheelchairs lost or damaged by airlines. The lawmakers are requesting additional information about the process in place to investigate and adjudicate disability-related complaints, and requested information as to how many of the 1,394 disability-related complaints filed in 2021 were dismissed, resulted in a civil monetary penalty or were otherwise remedied.
“We write to request information regarding your Department’s enforcement of the Air Carrier Access Act (ACAA) out of concern for our constituents and individuals across the nation with disabilities who have experienced discrimination and unacceptable treatment in air travel,” Spanberger and her colleagues wrote. “We have heard horrifying stories from our constituents with disabilities about airlines dropping them from wheelchairs while boarding airplanes, damaging or losing their wheelchairs, and other reproaches to their safety, health, and dignity. Passengers with disabilities continue to face unnecessary and discriminatory barriers that prevent them from participating in society on an equal basis.”
The lawmakers continued, “Our constituents — and all Americans — deserve more. We look forward to your response and working with you to protect the civil rights, safety, and dignity of those we serve with disabilities.”
“An average of 28 wheelchairs are damaged daily by airlines, essentially rendering them useless and removing mobility for people with disabilities,” Larry Bram, Senior Vice President of Innovation & Program Development, Easterseals DC MD VA, said. “Easterseals supports Congresswoman Spanberger’s call for better enforcement of the Air Carrier Access Act (ACAA) to protect the health, safety, and dignity of Virginians with disabilities. Air travel is the only major mode of public transit that does not allow people with disabilities who use wheelchairs to stay in their chairs. Trains, buses, even taxis have all accommodated wheelchair users with dignity. The discrimination and risks to their health and dignity they face when they travel by air are only compounded by the fear of a loss of mobility they may face because their wheelchairs were damaged in flight.”
Share
Rebecca Barnabi
