Five major U.S. airlines American, Delta, JetBlue, Southwest, and United along with the trade group Airlines for America (A4A), have filed a petition with the U.S. Court of Appeals for the Fifth Circuit to challenge recent federal regulations aimed at improving protections for travelers who use wheelchairs. The petition, submitted on February 18, argues that the Department of Transportation (DOT) has overstepped its legal authority with certain provisions of the new rules.
The DOT formally issued these new regulations on December 17, 2023, with the goal of addressing long-standing concerns from passengers with disabilities regarding mishandled or damaged wheelchairs. The rules introduce several key requirements for airlines:
Clear Definition of Mishandled Wheelchairs – The regulations clarify when a wheelchair is considered mishandled, making it easier for the DOT to impose fines on airlines that fail to return wheelchairs in the same condition as received.
Mandatory Training for Airline Workers – Employees responsible for loading wheelchairs onto aircraft or assisting travelers with disabilities must undergo annual training. Initial training is now a requirement before performing these tasks.
Stronger Requirements for Repairs and Replacements – Airlines must improve the process of repairing or replacing damaged wheelchairs and must also ensure prompt reunification of lost or delayed wheelchairs with their owners.
Enhanced Assistance During Travel – Airlines are required to provide efficient and timely boarding, deplaning, and flight connection assistance to travelers using wheelchairs.
Cargo Hold Size Disclosure – Airlines must prominently display the dimensions of their aircraft’s cargo holds so that travelers can determine whether their wheelchair will fit before booking a flight.
Reimbursement for Fare Differences – If a passenger with a disability has to book a more expensive flight due to cargo space limitations on a particular aircraft, airlines must reimburse the fare difference.
While airlines have expressed support for improving wheelchair accommodations, they argue that certain provisions in the final rule go beyond what the DOT is legally allowed to enforce. A4A, in a statement, described the regulations as regulatory overreach by the Biden administration and emphasized that the lawsuit aims to limit this expansion of federal authority rather than overturn the entire rule.
The airlines contend that the new policies create financial and logistical burdens, potentially leading to increased operational costs and ticket prices. They also claim that the DOT did not properly follow the Administrative Procedure Act, which governs how federal agencies create and implement regulations.
Disability rights advocates have widely welcomed the new regulations, viewing them as long-overdue measures to address the challenges wheelchair users face when traveling. Many passengers with disabilities have shared experiences of wheelchairs being lost, damaged, or delayed, often causing significant disruptions to their mobility and daily lives.
Advocates argue that airlines have had years to improve their handling of mobility devices voluntarily but have failed to make meaningful changes. The new rules, they say, ensure that airlines are held accountable for mishandling essential medical equipment.
The legal battle over these regulations could set a precedent for how airlines accommodate passengers with disabilities in the future. If the court sides with the airlines, it may weaken federal oversight of airline policies related to accessibility. However, if the DOT’s regulations remain in place, it could mark a significant shift in how airlines handle wheelchair accommodations, reinforcing passenger rights.
Despite their opposition to parts of the rule, airlines have previously stated their commitment to improving accessibility. In a 2022 Commitment to Passenger Accessibility document, A4A airlines recognized that travelers with disabilities are among the fastest-growing passenger segments and pledged to enhance their travel experience. However, the ongoing legal dispute suggests a divide between industry commitments and regulatory enforcement.
As the case moves forward, the outcome will be closely watched by both the airline industry and disability advocacy groups, as it could shape the future of air travel accessibility in the United States.
