U.S. Airlines Challenge New Disability Travel Rule
A group of leading U.S. airlines is pushing back against a recently implemented federal regulation designed to enhance the travel experience for passengers with disabilities. American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, United Airlines, and their industry association, Airlines for America (A4A), have filed a petition with the U.S. Court of Appeals for the Fifth Circuit, seeking a review of the new rules. These regulations, finalized by the Department of Transportation (DOT) in December, have been touted by the Biden administration as a landmark step forward in expanding protections for disabled travelers.
The rule mandates annual training for airline employees and contractors who assist passengers with disabilities or handle mobility devices like wheelchairs. It also establishes stricter guidelines to ensure that such assistance is provided in a “safe and dignified” manner. Additionally, the regulation outlines specific requirements for airlines in cases where a wheelchair or other assistive device is damaged, lost, or delayed during travel. Notably, the rule classifies any damage or delay in returning a wheelchair as an automatic violation of the Air Carrier Access Act (ACAA), a federal law prohibiting discrimination against passengers with disabilities.
However, the airlines argue that the DOT has overreached its authority in implementing these measures. In their petition, they contend that certain provisions of the rule exceed the DOT’s statutory powers and violate the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. The petition states, “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.” Despite this legal challenge, the airlines have clarified that they do not oppose the rule in its entirety but take issue with specific aspects they deem excessive or impractical.
Hannah Walden, Director of Communications at A4A, emphasized the airlines’ commitment to serving passengers with disabilities, stating, “U.S. airlines are dedicated to providing exceptional customer service and ensuring a safe, inclusive travel experience for passengers with disabilities. 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 DOT has highlighted the significance of the new rule, noting that approximately 5.5 million Americans rely on wheelchairs for mobility. According to the department, one out of every 100 wheelchairs or scooters transported on domestic flights is damaged, delayed, or lost. These statistics underscore the need for improved handling and accountability, which the rule aims to address.
The regulation officially took effect on January 16, but the Trump administration recently announced a delay in enforcement until March 20 to allow time for a thorough review of the rule’s alignment with existing laws and administration policies. This pause has sparked mixed reactions, with disability advocates expressing concern over potential delays in implementing much-needed protections, while airlines welcome the opportunity to reassess the rule’s feasibility.
The DOT has not yet commented on the airlines’ legal challenge or the enforcement delay. However, the debate highlights the ongoing tension between regulatory efforts to protect vulnerable populations and industry concerns about operational and financial burdens. As this legal battle unfolds, it raises broader questions about how to balance accessibility, accountability, and practicality in the aviation sector.
This case also reflects a larger trend in which federal agencies and industries grapple with the scope of regulatory authority. Legal experts suggest that the court’s decision could set a precedent for how far agencies can go in interpreting and enforcing laws like the ACAA. For now, passengers with disabilities and their advocates remain hopeful that the rule’s core protections will ultimately be upheld, ensuring safer and more dignified travel for all.