A coalition of major U.S. airlines, including American Airlines, Delta Air Lines, JetBlue Airways, Southwest Airlines, and United Airlines, is seeking to overturn a key provision of the Department of Transportation’s (DOT) new rule that imposes stricter penalties for damaged or lost mobility devices.
The airlines, represented by lobbying group Airlines for America (A4A), filed an appeal with the 5th U.S. Circuit Court of Appeals on Tuesday, arguing that the rule’s definition of discrimination is overly broad and “unlawful.”
The final rule, introduced during the Biden administration and effective January 16, strengthens protections for wheelchair users by mandating improved training, reimbursement for transport or fare differences, and timely repairs or replacements for mishandled mobility devices. Airlines are held accountable for any damage.
“A rule that makes good on the requirement of safe and importantly dignified air travel for wheelchair users is, I think, much needed,” former Transportation Secretary Pete Buttigieg told USA TODAY last year. DOT data shows that airlines mishandled an estimated 10,000 to 15,000 mobility devices in 2023, about 1.4% of all cases.
The DOT rule states that mishandling wheelchairs and unsafe or untimely assistance constitutes discrimination against passengers with disabilities, as it imposes burdens not faced by other travelers. The department did not respond to USA TODAY’s request for comment.
A4A’s appeal challenges this classification, arguing that airlines should not be held strictly liable for circumstances beyond their control, such as turbulence damaging a properly secured wheelchair in cargo. Airlines including Southwest, American, United, and Delta deferred to A4A for comment, while JetBlue did not respond.
An A4A spokesperson told USA TODAY that airlines are committed to providing an inclusive travel experience and have been working with the DOT and the disability community to improve accessibility. The group cited the 2022 Passenger Accessibility Commitment, which introduced advisory groups, enhanced employee training, and better handling of mobility devices.
This marks the second legal challenge airlines have mounted against the DOT in recent months. In May 2024, A4A sued over a rule requiring upfront disclosure of airline fees, arguing it would confuse consumers and interfere with business operations.
Source: Swifteradio.com
