The nation’s largest airlines are looking to rescind new consumer protection rules for travelers with disabilities, arguing in court filings that the U.S. Department of Transportation had exceeded its authority in enacting them.
In a lawsuit filed on Tuesday with the U.S. Court of Appeals for the 5th Circuit, the trade group Airlines for America and five carriers — American, Delta, JetBlue, Southwest and United — argue that the mandate put in place last year by the Biden administration is unlawful. The 2024 rule made mishandling wheelchairs a violation of the federal Air Carrier Access Act.
American, Delta, JetBlue, Southwest and United declined to comment, referring requests to Airlines for America, which issued a statement calling the new requirements unnecessary and an overreach.
“Progress has been made in four key areas aimed at improving the travel experience for passengers with mobility aids — reducing instances of wheelchair mishandling, advancing employee training and education programs, forming passenger accessibility advisory groups and supporting research for onboard accessibility solutions,” it stated.
The transportation department did not respond to a request for comment.
In crafting the rule, Pete Buttigieg, the then secretary of transportation, worked with disability advocates including Samantha Jade Duran, whose wheelchair was damaged by an airline in 2017 when stored with luggage in the cargo hold.
An estimated 5.5 million Americans use a wheelchair, and many face difficulties with air travel, according to the DOT. In 2023, 11,527 wheelchairs and scooters were mishandled by carriers required to report the incidents to the federal agency, it stated.
Finalized in December, the rule requires that airlines offer annual training for workers who interact with disabled passengers, and that those with disabilities get prompt assistance during their travels. If a wheelchair is checked but is delayed, missing or damaged, the rule requires that passengers be told options including the right to file a claim or receive a loaner device.
“For wheelchair and scooter users, like myself, our mobility equipment is our freedom and independence, which is why an estimated 1 in 10 disabled people do not fly because of fear of damage to their equipment,” Maria Town, president and CEO of the American Association of People with Disabilities, said in a statement at the time.
Beyond challenging the protections for those with wheelchairs and other travelers with disabilities, airlines have also challenged a recent requirement that carriers disclose fees for checked bags and changing or canceling reservations, with that rule now on hold.
American Airlines in October agreed to pay a record $50 million to settle DOT claims it failed to adequately and safely assist those who use wheelchairs on and off planes and had mishandled thousands of wheelchairs between 2019 and 2023. The airline did not admit to any of the violations.
American came under public fire after a 2023 video that showed crew members mishandling a passenger’s wheelchair, sending the mobility device hurtling down and off a ramp.
