Several airlines in USA fight new disability rules in court
- Paul Aage Hegvik
- Feb 20
- 7 min read
Updated: Mar 19
Several major U.S. airlines are challenging a new federal rule aimed at improving travel for those with disabilities.
In December 2024, U.S. Secretary of Transportation Pete Buttigieg announced a landmark rule to enhance air travel accessibility for passengers with disabilities, particularly those using wheelchairs. This regulation mandates that airlines provide «safe and dignified» assistance, implement hands-on training for staff assisting disabled passengers, and establish clear protocols for handling wheelchairs to prevent damage or delays. Buttigieg emphasized that every passenger deserves respectful and secure travel accommodations, aiming to set a new standard in the aviation industry.
Filed a petition
However, by February 2025, major U.S. airlines—including American Airlines, Delta Air Lines, JetBlue, Southwest Airlines, United Airlines, and their trade association, Airlines for America—filed a petition with the U.S. Court of Appeals for the Fifth Circuit. According to Disability Scoop and other media outlets, they argued that that certain provisions of the Department of Transportation's rule exceeded statutory authority and violated the Administrative Procedures Act. While expressing commitment to providing inclusive travel experiences, the airlines contended that parts of the regulation were «unlawful.»
«A July report from the Department of Transportation recorded a 108% increase in complaints from flyers with disabilities.» Heather Ansley Associate executive director of government relations for Paralyzed Veterans of America, noted the increase in grievances (August 2022)
5,5 million use wheelchair
The rule officially took effect on January 16, 2025. However, the subsequent administration announced a delay in enforcement until March 20 to review the regulation's consistency with existing laws and policies. This postponement has sparked discussions about the balance between regulatory oversight and the operational challenges faced by airlines in accommodating passengers with disabilities.
Advocates for disability rights view the rule as a significant advancement, noting that approximately 5.5 million Americans use wheelchairs and that mishandling of mobility devices occurs in about 1 out of every 100 domestic flights. The ongoing legal challenge underscores the complexities involved in implementing comprehensive accessibility measures within the aviation sector.
Many travelers with disabilities endure distressing incidents while flying. Nila Morton, a 25-year-old graduate student with muscular dystrophy, faced a terrifying moment when airline staff dropped her while transferring her from her seat. This is reprted by People.
«I hit the floor, and my legs were twisted,» Morton recalled. «I was in so much pain, and no one seemed to care.»
She described the ordeal as «traumatizing» and urged airlines to improve their handling of passengers with disabilities.
Multiple distressing incidents with airlines
Sophie Morgan, a British TV presenter and disability advocate, has faced multiple distressing incidents with airlines mishandling her wheelchair. In January 2023, after a flight to Heathrow, she discovered her wheelchair and its battery-powered attachment were damaged beyond repair. She described the experience as feeling like the airline had «effectively broken my legs,» emphasizing that her wheelchair is integral to her mobility.
«Air travel is like a lottery... Pets are treated better on planes than disabled people.» Sophie Morgan British TV host and producer, travel writer, speaker, artist and disability advocate. Shared her personal experiences
In another incident, Morgan's wheelchair sustained £5,000 worth of damage during a British Airways flight. She expressed her frustration, stating, «An attack on a wheelchair is an attack on a human being. They are part of us.»
These repeated experiences led her to launch the «Rights on Flights» campaign, aiming to pressure airlines and policymakers to improve the treatment of disabled passengers and prevent such incidents in the future.
Morgan's advocacy highlights the systemic challenges disabled travelers face in the airline industry, underscoring the urgent need for improved accessibility and respect for passengers' essential mobility aids.
$50 million fine
In October 2024, the U.S. Department of Transportation imposed a record-setting $50 million fine on American Airlines for violations related to disability rights, highlighting systemic issues in the airline's treatment of disabled passengers.
Advocates have praised this enforcement action. Carl Blake, CEO of Paralyzed Veterans of America, commended the move, emphasizing the necessity for airlines to uphold the rights and dignity of all passengers.
Internationally, similar concerns have been raised. In 2011, EasyJet faced criticism for denying boarding to a passenger with muscular dystrophy due to her electric wheelchair, leading to legal action and fines for disability discrimination.
These incidents underscore the ongoing need for airlines to improve accessibility and ensure respectful treatment of passengers with disabilities.
What happens if airlines block disability protections?
If airlines successfully stop or delay the implementation of the expanded disability rights regulations, several consequences could follow.
For passengers with disabilities
Continued mishandling of wheelchairs: Without strict enforcement, airlines may not take additional precautions, leading to frequent damage or loss of mobility devices.
Inconsistent Assistance: Passengers with disabilities may face varying levels of service across different airlines, as there would be no standardized training requirements for staff.
Limited accessibility improvements: Without regulations mandating safer and more dignified assistance, passengers might continue to struggle with boarding, deplaning, and navigating airports.
Airline staff dropped her while attempting to lift her from the plane... causing her pain and bruising. Nila Morton A graduate student with muscular dystrophy, recounted a distressing incident
For airlines
Legal challenges: Disability advocacy groups may pursue legal action or push for stricter penalties for airlines that fail to accommodate passengers adequately.
Reputational damage: Airlines refusing to comply with accessibility improvements could face backlash from the public and disability rights organizations.
Potential government intervention: If airlines push back too hard, Congress could step in with even stricter legislation rather than administrative regulations.
For the aviation industry as a whole
Stricter future regulations: If airlines resist change now, regulators may impose even tougher mandates later, with financial penalties for non-compliance.
International pressure: Other countries might introduce stricter accessibility rules, forcing U.S. airlines to comply with different standards worldwide.
Ultimately, stopping these regulations could reinforce existing struggles for travelers with disabilities while creating new legal and reputational risks for airlines.
Will Trump roll back new disability rights in air travel?
Since returning to office in January 2025, President Donald Trump has actively sought to reverse several policies implemented during the Biden administration, particularly those related to diversity, equity, inclusion, and accessibility (DEIA) in federal agencies.
Notably, he signed a Presidential Memorandum terminating a Federal Aviation Administration (FAA) hiring policy that prioritized DEIA considerations, mandating a return to merit-based hiring practices.
Regarding the Department of Transportation's (DOT) rule aimed at enhancing air travel accessibility for passengers with disabilities, major U.S. airlines have legally challenged the regulation, seeking its repeal.
While President Trump has not yet taken direct executive action to rescind this specific rule, his administration's broader efforts to dismantle DEIA initiatives suggest a potential for future actions that could impact disability rights regulations in the aviation sector.
It's important to note that any attempt to reverse established regulations would require adherence to formal administrative procedures, including public notice and comment periods, and could face legal challenges from disability rights advocates and other stakeholders.
EU has stricter regulations
Airline accessibility policies for passengers with disabilities vary worldwide, with some nations enforcing stricter regulations than those in the United States.
European Union
Under Regulation (EC) No 1107/2006, the EU mandates comprehensive assistance for passengers with reduced mobility. This includes the right to assistance during boarding, disembarking, and transit at all EU airports, applicable to any flight departing from or arriving in the EU on an EU-registered carrier. Airports are responsible for providing necessary services, ensuring that passengers with disabilities receive consistent support. Airlines are prohibited from denying boarding based on disability, except for justified safety reasons. Additionally, passengers are entitled to travel with up to two personal assistance devices, such as wheelchairs, at no extra cost. However, compensation for damaged mobility equipment is limited under the Montreal Convention, which may not cover the full value of some devices.
United States
The Air Carrier Access Act (ACAA) prohibits discrimination against passengers with disabilities by U.S. and foreign carriers operating within the country. Airlines must provide assistance, including boarding and deplaning support, and accommodate personal wheelchairs. Despite these protections, enforcement and consistency have been ongoing challenges. In December 2024, the Department of Transportation introduced new rules to enhance assistance standards and training for airline personnel, aiming to improve the travel experience for passengers with disabilities.
While both the EU and the U.S. have established regulations to protect passengers with disabilities, the EU's approach places a greater onus on airports to provide assistance, ensuring a more uniform experience across member states. In contrast, the U.S. regulations primarily focus on airline responsibilities, which can lead to variability in service quality.
Advocates in the U.S. have called for stricter enforcement and enhancements to existing policies to match or exceed international standards, emphasizing the need for consistent and reliable support for all passengers with disabilities.
EU strengthens passenger rights
European Union (EU) generally has stricter regulations than the United States when it comes to disability rights in public spaces and transportation. While both regions have strong legal frameworks, the EU often enforces stricter accessibility standards and provides stronger passenger protections for people with disabilities.
Key differences
The EU Regulation 1107/2006 ensures comprehensive protections for air passengers with disabilities, requiring airlines and airports to provide free assistance at all EU airports.
In the U.S., the Air Carrier Access Act (ACAA) provides similar protections, but enforcement is often weaker, and airlines have been known to push back against regulations.
Accessibility in public transport
The EU’s Directive on the Accessibility of Public Sector Websites and Mobile Applications sets strict digital accessibility standards, whereas the U.S. ADA does not explicitly cover online services.
EU rail and bus services must meet mandatory accessibility standards under the EU Passenger Rights Regulations, while the ADA requires accessibility but enforcement varies by state.
Building and public space accessibility
The EU Accessibility Act mandates harmonized accessibility standards across member states for products, services, and infrastructure.
In the U.S., the ADA requires accessibility, but implementation and enforcement can be inconsistent, often leading to lawsuits instead of proactive enforcement.
