Several major airlines have taken legal action against a rule issued by the U.S. Department of Transportation (DOT) that aims to protect wheelchair users on flights. American Airlines, Delta, JetBlue, Southwest, and United Airlines, alongside the lobbying group Airlines for America (A4A), filed a lawsuit with the U.S. Court of Appeals for the 5th Circuit on Tuesday. The carriers argue that parts of the rule, which was introduced by the Biden administration last year, are “unlawful.”

The DOT’s mandate establishes new standards for airlines regarding the accommodation of passengers who use wheelchairs, including penalties for carriers that lose or damage mobility aids. The rule also includes measures to improve the boarding process for wheelchair users. According to the DOT, this mandate represents the most significant expansion of rights for wheelchair passengers since 2008. One of its key provisions is that any damage to or delay in returning a wheelchair automatically constitutes a violation of the Air Carrier Access Act, which protects passengers with disabilities from discrimination.

However, the airlines involved in the lawsuit argue that certain aspects of the rule overstep regulatory boundaries. They take issue with the broad definition of discrimination in the rule, claiming that situations such as a wheelchair being damaged by extreme turbulence or the inability to accommodate a wheelchair in cargo should not be considered discriminatory actions. Most of the carriers involved declined to comment, instead referring to a statement by A4A. Neither JetBlue nor the DOT responded to requests for comment.

In 2023, airlines mishandled over 11,500 wheelchairs and scooters, according to DOT data. The Biden-era rule imposes heavy penalties for violations, with fines reaching as high as $124,000 per occurrence. This comes in the wake of an October ruling where the DOT fined American Airlines $50 million for mishandling wheelchairs between 2019 and 2023, including incidents where passengers were injured due to “unsafe physical assistance.” One particularly concerning case cited by the DOT involved a wheelchair being sent down a ramp during baggage unloading, resulting in the chair crashing and flipping over.

The outcome of this lawsuit could have a profound impact on the future of accessibility in air travel, as it would either uphold or challenge the DOT’s attempts to improve protections for passengers who rely on wheelchairs. With millions of Americans dependent on mobility aids, the legal battle over these new standards underscores the ongoing tension between consumer protections and industry regulations in the airline sector. If the rule is upheld, airlines may need to rework their procedures and policies to ensure they comply with the expanded rights of passengers with disabilities, potentially leading to better outcomes for wheelchair users in the future.

The post American, Delta, JetBlue, Southwest and United Airlines Push Back Against the Department of Transportation Latest Wheelchair Access Regulations, Claiming They Represent an Unlawful Overreach of Federal Power appeared first on Travel And Tour World.