In January, airline passengers who use wheelchairs saw brighter horizons ahead for their often-difficult travels. A new rule adopted by the federal government meant that airlines would expand support for disabled passengers throughout their trips and enhance training for employees who assist them, and carriers would be compelled to replace wheelchairs that were lost or damaged and offer loaners promptly, among other changes.
But shortly after President Trump was inaugurated, the Transportation Department moved to delay enforcement of the rule — initially until March, then until August — and now, airlines are challenging one of its provisions in court.
When the government issued the rule in December, supporters heralded it as a win after decades of advocacy, saying it struck a blow for the rights of disabled travelers, for whom inconsistent help, physical discomfort and damaged wheelchairs were unfortunate norms of flying.
“Those rules were a huge win for wheelchair users,” said Seth McBride, a wheelchair rugby athlete who lives in Washington State. “It felt like the D.O.T. was starting to listen to the disability community,” he said, adding that he felt that airlines were being forced to take the needs of wheelchair users seriously and provide the same level of service they provide to everybody else.
Now the rule is on notably shakier ground. Airlines for America, a trade association that represents the country’s biggest airlines, joined by member carriers American Airlines, JetBlue Airways, Southwest Airlines, United Airlines and Delta Air Lines, has filed a lawsuit in federal court arguing that the Transportation Department overstepped its statutory authority in adopting the measure.
The petitioners argued in an opening brief filed last week that the rule wrongly makes airlines liable for damaged wheelchairs even when they have not discriminated against disabled travelers, such as if mishandling was an “act of God” or beyond the airline’s control. One example they cited was if the wheelchair was in poor condition before the start of the trip. In those cases, they should not be held liable, they said, allowing that the rest of the rule’s provisions could be left in place. The lawsuit “simply seeks to ensure that D.O.T. acts within the scope of its authority to regulate only acts within airlines’ control and responsibility,” the brief reads.
A spokeswoman for Airlines for America said the group and its member airlines “are continuously engaged with the disability community, the Department of Transportation and others to identify and implement solutions to accessibility barriers.” The individual airlines who joined the suit said in statements to The New York Times that they were committed to accessibility and compliant with federal regulations, and most referred to the trade association’s comment on the petition.
The Transportation Department, meanwhile, has repeatedly delayed enforcing compliance with the rule, and has asked the court to pause the litigation while it reviews the rule to “ensure that it is consistent with the law,” according to a court filing. A department spokeswoman said its review would also cover administration policies and issues raised by the airlines’ lawsuit.
Advocacy groups and travelers who use wheelchairs said they’re alarmed by these developments, which they emphasized could have immediate consequences.
Paralyzed Veterans of America, a nonprofit veterans service organization, filed to intervene in the lawsuit and asked the court to reject the administration’s request for a pause. Heather Ansley, the nonprofit’s chief policy officer, said that such a delay would mean “more waiting time for people with disabilities to have a safe travel opportunity.”
Last year, travelers on U.S. carriers checked nearly 900,000 scooters and wheelchairs, of which more than 11,000 were mishandled, more than double the rate of other checked baggage, according to government data. The Transportation Department received more than 2,600 disability-related civil rights complaints.
Many of the rule’s provisions — prompt repair and replacement of damaged equipment, returning delayed mobility devices within a set time period, reimbursement for delay-related transportation costs — have taken effect. But the rule has a phased implementation that lasts through next June. Outstanding provisions include notifying passengers whether their equipment was loaded or unloaded from the aircraft; providing seating for passengers with delayed or mishandled equipment; and training on the new requirements for employees and contracted staff who physically aid disabled passengers.
Advocates said they fear a patchwork of varying compliance by airlines and ultimately, a continued unpredictable air travel landscape for disabled passengers.
“If a wheelchair user decides to travel by air they are taking a calculated risk every time they fly,” said Stephen Lieberman, director of advocacy and policy for United Spinal Association, a nonprofit that represents the nation’s wheelchair users. “When you have 2 percent of all wheelchairs every month that are broken or destroyed or lost by the airlines, there is always that risk that it’s going to be you next.”
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Christine Chung is a Times reporter covering airlines and consumer travel.
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