Airlines for America (A4A), a trade association and lobbying group based in Washington DC, has joined forces with several major US airlines to challenge a rule implemented by the United States Department of Transportation (USDOT) regarding wheelchair damage. The lawsuit filed against the DOT claims that the existing regulation is “unlawful.”
The rule in question was introduced last year by Pete Buttigieg, then-Transportation Secretary of the United States, aiming to ensure that wheelchairs are handled with care. It classified mishandling as losing, delaying, damaging, or stealing wheelchairs or other mobility devices. This measure was intended to hold airlines accountable for incidents where passengers’ wheelchairs are damaged during transit and to establish new safety standards.
Mother Jones reported that the rule emerged from collaboration between Pete Buttigieg and disability rights advocates, including Samantha Jade Durà n, whose wheelchair suffered damage in 2017 when transported in an aircraft’s cargo hold. Despite these efforts, several major US airlines have taken legal action against the rule.
American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, and United Airlines have filed a lawsuit with the United States Court of Appeals against the Department of Transportation. They argue collectively with Airlines for America that: “The Court should ‘hold unlawful and set aside’ the Rule, in whole or in part because provisions of the Rule exceed the DOT’s statutory authority and the Rule violates the Administrative Procedure Act.”
Although proposed in February 2024, it was officially issued on December 17th. The petition against it was filed on February 14th. While new Transportation Secretary Sean Duffy pledged support for legislation enhancing air travel accessibility amid policy changes following Biden-era regulations.
Notably among those challenging this ruling is American Airlines. Last year saw American fined $50 million by DOT due to severe violations concerning passengers with reduced mobility between 2019-2023. Then-Secretary Buttigieg commented: “by setting penalties at levels beyond a mere cost of doing business for airlines we’re aiming to change how industry behaves.”
In October American reached settlement terms promising improvements regarding customer experiences involving wheelchairs; however alongside fellow carriers they seek reversals over accountability aspects related specifically towards damages caused during transport though according Disability Scoop they do not oppose entire rule but only certain provisions therein.
