ACAA

airplane

Current ACAA Air Travel Regulations Remain in Place in US

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There’s been a lot of misinformation on the internet lately about the US Department of Transportation (DOT) rolling back or not enforcing wheelchair-access rules under the Air Carrier Access Act (ACAA). First and foremost, this is not true, and all protections that are in place under the ACAA will continue to be recognized by US air carriers and foreign air carriers on flights to and from the US. The misunderstanding stems from a misinterpretation of the process of updating the current ACAA.

The ACAA Update Process

The ACAA dates back to 1986, and over the years as technology and travel have evolved so have the regulations. But because they are government regulations it’s not like they can be easily updated. It’s a process. And it usually takes years.

It begins when the need for a change is recognized by the DOT. Then there are usually a series of public meetings to gather feedback on the proposed changes, and to determine the exact needs of the public. Then the proposed regulations are crafted by a committee, which usually takes years. Sometimes it takes longer, as there is a lot of input from the disabled community, airlines and other businesses.

After the proposed changes are finally agreed upon, they are published in the Federal Register. Then there is a public comment period, which can take six months or more. Then the Access Board reconvenes and considers the public comments from both consumers and the airlines. And then they may make changes if appropriate. But we’re not done yet!

The final rule is then published in the Federal Register, along with an implementation date. Depending on the complexity of the regulation that implementation date may be six months or six years in the the future.

The “Current” Proposed Changes

Which brings us to our current situation, and the most recent changes to the ACAA. They have been “in the works” for many years and they were finally released in 2024.

https://emerginghorizons.com/2025-air-carrier-access-act-updates/.

Most of these changes were originally scheduled to go into effect in 2025, but were subsequently delayed until December 31, 2026. The DOT recently further delayed that implementation date on four of those changes until April 30, 2027. The delayed changes are those that pertain to:

  • Mishandled wheelchairs
  • Refresher training frequency
  • Pre-departure notifications
  • Fare difference reimbursements

Additionally the DOT also extended implementation of the refreshed training frequency in the Accessible Lavatories on Single Aisle Aircraft Rule, to April 30, 2027.

https://emerginghorizons.com/new-accessible-airline-lavatory-rule-when-will-it-happen/

But remember this delay only applies to the training. That rule will still take decades to be fully implemented.

So why did the DOT delay the implementation of the changes? Well basically some of the airlines initiated legal proceedings against the changes and that prompted the DOT to give things a closer look.

https://emerginghorizons.com/acaa-updates-stalled-due-to-litigation/

https://emerginghorizons.com/acaa-changes-stalled-do-these-us-airlines-really-want-improved-wheelchair-access/

And to be honest, just about anything can happen between now and April 30, 2027, the new scheduled implementation date. The rules may go into effect as written, they may be updated, or there could be another delay. Only time will tell. After all, it is a government process.

The important thing to remember is that the current ACAA remains in full effect. Nothing has changed. These new regulations have not even been implemented yet, and only a portion of them will be delayed. And when you consider the protections that the ACAA already offers, those changes are minor.

Bottom line – slow walkers and wheelchair-users are still fully protected under the ACAA.

Know Your Rights

Of course it’s still important to know your rights under the ACAA. Here are the basics.

https://emerginghorizons.com/the-disabled-air-travelers-bill-of-rights/

And here are a few tips to help you prepare for your flight.

https://emerginghorizons.com/flying-with-a-wheelchair-air-travel-tips-and-more/

And if things go wrong, ask to speak the to CRO immediately.

https://emerginghorizons.com/flying-with-a-wheelchair-remember-the-cro/

Finally, it’s always a good idea to read the law, so here’s the ACAA in its entirety.

https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382

And remember, the DOT is NOT rolling back wheelchair access rules on airplanes, as reported by some media. It’s merely going through the routine process of updating those rules. In other words – business as usual.

 

Found Animals Foundation from Los Angeles, United States, CC BY-SA 2.0 https://creativecommons.org/licenses/by-sa/2.0, via Wikimedia Commons

Flying With a Service Animal? Here’s What You Need to Know

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Under the Air Carrier Access Act (ACAA), US airlines are required to accept service animals on all their flights. Additionally, foreign air carriers are required to accept service animals on all flights to and from the US. Psychiatric service animals are treated the same as service animals under the ACAA. And, after the ACAA update in 2021, airlines are no longer required to accommodate emotional support animals. They are now treated as pets and are subject to pet rules and additional charges. So here’s what you need to know about flying with a service animal.

What is a Service Animal?

Under the law, a service animal is defined as a dog that is trained to do a specific task or tasks for a person with a disability.  Miniature horses are no longer accepted under the ACAA. And under no circumstances are US airlines required to accept unusual species, such as snakes, other reptiles, ferrets, rodents and spiders. Foreign carriers, that fly to and from the US are also required to accept dogs as service animals.

Service animals must be at least four months old; and air carriers are not required to accept service animals in training. There are no breed or weight restrictions; and although most passengers only travel with one service animal, two are allowed if they perform different tasks for the passenger. Additionally, airlines cannot restrict the number of service animals on any flight.

What Documentation is Required?

Airlines can require passengers flying with a service animal to submit DOT designed forms that attest to the service animal’s health, behavior and training. Additionally they can require attestation that the service animal will not need to relieve itself, or can relieve itself in a sanitary manner, on flights over eight hours. This documentation must be submitted at least 48 hours prior to departure; however if you make a last-minute booking it may be submitted at the airport. If you need to submit it at the airport, allow extra time for the process. 

Although most airlines process these DOT forms seamlessly on their own websites, a few use  third-party vendors to accomplish this task. And although the same 48-hour advance notice is required, sometimes it’s difficult for third-party vendors to process the forms within this time frame. Check the airline website and allow yourself plenty of extra time if they use a third-party vendor.

Airline personnel are also allowed to seek credible verbal assurance from passengers that they have a disability and require a service animal. If the passenger’s disability is not apparent, airline personnel may question the passenger to determine their need for a service animal, even if the animal has a harness, tag or vest. And finally, if the airline refuses to accept an animal as a service animal, they must explain the reason, and provide written documentation of that decision within 10 days.

Additional Documentation Beginning August 1, 2024

Beginning August 1, 2024 any dog entering the US (including service animals) must also meet the new Centers for Disease Control and Prevention (CDC) requirements. All dogs must:

  • Be at least six months old
  • Be healthy and disease-free
  • Have an ISO-compatible microchip
  • Have a U.S.-Issued Rabies Vaccination form (completed by a USDA-accredited veterinarian) or USDA -endorsed export certificate
  • Have a completed CDC Import Form receipt

Dogs entering the US must receive the rabies vaccine at least 28 days before entry.  It’s recommended that handlers carry duplicate copies of all forms, in case border agents need to retain a copy. Additionally, if a dog is deemed to have a contagious disease by border agents, then additional testing, examination and isolation may be required at the owner’s expense.

These requirements are for animals that are visiting or returning from rabies-free countries. There are additional requirements for animals coming from high-risk rabies countries. For more information about the CDC requirements, visit https://www.cdc.gov/importation/dogs/enter-the-us.html.

In the Air

Passengers who fly with service animals are allowed to preboard the aircraft; and the service animal must remain tethered and under the passenger’s control for the entire flight.

Passengers who fly with a service animal are guaranteed bulkhead seating under the ACAA; however they are permitted to sit anywhere on the aircraft, except the emergency exit rows. The service animal must not obstruct the aisle or other areas that must remain clear under FAA safety rules. Additionally, the service animal must fit in the handler’s lap or in their foot space, and it must not encroach on another passengers space. If this is a problem, the airline must allow the handler and the service animal to move to another seat where the animal can be accommodated; however they are not required to upgrade the passenger.

Last but not least, service animals must behave appropriately aboard the aircraft, which is usually not an issue for properly trained service animals. And when the airplane lands, airlines are required to provide service animal relief areas for passengers with a service animal. For more information about the updated ACAA that went into effect in 2021, visit https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382

Other Considerations

Last but not least, it’s important to understand that most foreign countries also have  specific health requirements for all animals — including service animals — that enter the country. This is in addition to any DOT requirements for service animals. For example, even though the DOT forms require information about the animal’s rabies vaccination status, an additional health certificate may be required at the port of entry. Every country is different, and these requirements  change often.  For more information on specific country requirements, visit https://www.aphis.usda.gov/aphis/pet-travel/take-pet-to-foreign-country. Do your research and plan ahead to avoid disappointment.

 

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SouthernAirwaysExpressCessnaCaravan

Does the Air Carrier-Access Act Cover All Aircraft? Ask Marissa Bode

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Established long before the Americans with Disabilities Act, the Air Carrier Access Act (ACAA) covers accessible air travel on all US airlines, as well as flights on all airlines to and from the US.  But does it cover all types of airplanes, including those small planes which board from stairs on the tarmac? The short answer is no, and that issue was recently brought to light when actress Marissa Bode was recently denied boarding on a Southern Airways (https://www.iflysouthern.com/) commuter flight.

What the ACAA Says

According to the ACAA, lift or ramped boarding must be provided on all covered aircraft. And while most commercial aircraft are covered under the law, there are some exclusions. In fact § 382.97 of the ACAA specifically lists those exclusions. They include:

  • Float Planes
  • Aircraft with fewer than 19 seats
  • Fairchild Metro
  • Jetstream 31 and 32
  • Beech 1900 (C and D models)
  • Embraer EMB-120

It also excludes any other aircraft model determined by the Department of Transportation (DOT) to be unsuitable for boarding and deplaning assistance by lift, ramp, or other suitable device. And the DOT makes that determination if no existing boarding and deplaning assistance device on the market will accommodate the aircraft without a significant risk of serious damage to the aircraft or injury to passengers or employees; or if there are internal barriers that would prevent passengers in an aisle chair from reaching a non-exit row seat.

Southern Airlines is a small commuter airlines which flies the Cessna Grand Caravan 208, which typically seats between 8 and 14 passengers and one pilot. Standard commuter configurations generally hold 10 to 12 passengers, but tighter seat configurations can accommodate up to 14 passengers. In short, it’s less than the 19 passenger requirement under the ACAA, so yes this aircraft is exempt from the ACAA, and not required to carry wheelchair passengers.

What Happened to Marissa Bode?

According to news accounts Marissa Bode  discovered this when she was booked on a Southern Airlines flight to attend a speaking engagement in Pennsylvania. Although Bode had some problems locating her virtual ticket at the airport, the real problem arose when she got to the gate and was questioned about her physical abilities. When she replied that she couldn’t stand up and walk, the staff informed he that she couldn’t fly because she needed to climb up a flight of stairs to board the small plane.

In the end, the actress drove three hours to her speaking engagement.

So is Southern Airlines at fault for this denied boarding? Although they followed the letter of the law as to whether or not wheelchairs are allowed on this small commuter plane, there is an issue about the information that was provided to Bode’s “team”.

According to Bode, her people spoke to the airline in advance of the flight and the customer service personnel “fully assured” her manager that they would be able to accommodate Bode and her wheelchair. That’s where the airline dropped the ball, because under the ACAA airlines are also required to provide accurate information to passengers regarding the carriage and stowage of all assistive devices. And according to the actress’ accounts, Southern Airlines failed in that respect. If the airline would have communicated accurate information, the Southern Airlines flight would not have been booked, and Bode would never have been denied boarding.

So yes, Southern Airlines did drop the ball, but not for not carrying wheelchairs on their commuter aircraft. They violated the ACAA for not communicating the correct information to a potential passenger. So no, you can’t fly this airline in a wheelchair, but they do need to improve their employee training and customer service.

 

 

southwest

DOT “Reworking” New ACAA Wheelchair Regs

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Late last year the Department of Transportation (DOT) announced some timely updates to the Air Carrier Access Act. https://emerginghorizons.com/2025-air-carrier-access-act-updates/

Subsequently five airlines, along with an airline trade group filed suit in the Fifth District challenging these stricter standards.  https://emerginghorizons.com/acaa-updates-stalled-due-to-litigation/

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New Southwest Airlines Rules for Lithium-Powered Mobility Devices

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Beginning on September 25, 2025 Southwest Airlines will implement new regulations for passengers traveling with lithium-powered mobility devices. The new regulation requires customers to remove all lithium batteries from their wheelchairs or scooters before boarding the aircraft. The batteries will need to be carried aboard by passengers, but will not count towards their checked baggage allowance or personal items.

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Wisconsin Track Chairs for Loan

Wisconsin Track Chairs for Loan

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Based in Southern Wisconsin, Access Ability Wisconsin (www.accessabilitywi.org/) offers free loaner track chairs throughout the state. These track chairs have tank tracks instead of tires and unlike most wheelchairs, they can travel over rough terrain.

On-site track chairs, as well as track chairs that can be towed to the location of your choice are available for loan. The towable track chairs come with a trailer and everything that’s needed to tow it. The track chair weighs 350 pounds and the trailer weighs 800 pounds, so you need a vehicle with a towing capacity of at least 1,150 pounds in order to tow the trailer. The hitch uses a two-inch ball, and for safety reasons at least 8 inches of ground clearance is required. A mid-sized SUV, van or truck is suggested, in order to meet these safety requirements.

Reservations for the track chairs can be made at https://www.accessabilitywi.org/reserves-types . A $50 refundable deposit is required at the time of the reservation, and a $2.75 non-refundable processing fee will be charged for each chair. The processing fee will be deducted from the deposit when the equipment is returned.

If the track chair will be towed, a copy of your drivers license and proof of insurance are also required. A Waiver of Liability and User Agreement must also be signed in order to borrow the track chair.

The goal of Access Ability Wisconsin is to have at least one track chair for loan in every county. Their available inventory is continually growing, so check back often. For more information about these Wisconsin track chairs for loan, visit the Access Ability Wisconsin website or call (608) 886-9388.

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CourtGavel

Can You Sue an Airline for Mishandling Your Wheelchair?

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Can you sue an airline because they damaged your wheelchair, delayed your deplaning, or otherwise infringed on your rights as a wheelchair-user? That’s a question I often get. And rightly so, because litigation is a logical solution to bad customer service.

To be honest, you can sue anyone for anything; however the bigger question in this case is, will you prevail in court?

An unfortunately in cases regarding the Air Carrier Access Act (ACAA) — the law that mandates wheelchair access on US airlines — the answer is no.

The Air Carrier Access Act

The ACAA, which was implemented in 1986, covers access issues on US airlines and on flights to and from the US. It’s the law of the land as far as accessible air travel goes, and it even predates the Americans with Disabilities Act.

It’s written in a readable format — minus the legal jargon — so I always encourage folks to read it, so they fully understand their rights (https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382).

Unfortunately the ACAA does not allow for private lawsuits. On the other hand it doesn’t specifically prohibit them either. So, it was basically up to the courts to decide if you can sue an airline for for a disability-related issue. And although the ACAA has been mentioned in numerous other cases, the final decision on this matter came in 2017 in Stokes v. Southwest Airlines

Stokes v. Southwest Airlines

In Stokes v. Southwest Airlines, Kelli Stokes claimed that her autistic son suffered physical, emotional and mental injuries, because of a denied boarding due to his disruptive behavior and disability. The lower court dismissed the case, on the grounds that the ACAA did not specifically provide for private lawsuits.

And the Fifth District Court of Appeals upheld that decision. The final ruling held that no private right of action exists to enforce the ACAA. So, yes, you can always try to sue, but because of this precedent, then it will most likely be dismissed. And with that in mind, you’ll be hard pressed to find an attorney to take a ACAA case on contingency. So, can you sue an airline for mishandling your wheelchair? No, you can’t.

That said, even though you can’t prevail in a lawsuit if an airline violates the ACAA, there’s still something you can — and should — do instead. File an ACAA complaint. I know, I can hear the eyes rolling as I type this, but this is really the only way to effect change.

So, What Happens Next?

Will filing an ACAA complaint compensate you for your damages? No. If your personal property has been damaged or you have been injured by the airline, you need to take that issue up directly with them. Keep your receipts, bills and quotes and file a claim with the airline for your damages. You should always do this, however you can also file an ACAA complaint at the same time.

Granted the Department of Transportation (DOT) may do nothing more than log your complaint; however it’s essential to have it on file. That way if an airline continues to violate the ACAA, then the DOT has a paper trail of the complaints. And once an airline starts to accrue complaints, the DOT usually takes action.

What do they do? Well they can issue hefty fines, require remedial training regarding access issues, and even order the airline to implement new policies. But again, nothing will happen if you don’t file an ACAA complaint.

It’s easy to do — here’s some more information about it. https://emerginghorizons.com/how-to-resolve-a-wheelchair-access-travel-complaint/

So next time your rights are ignored when you fly the friendly skies, don’t just look the other way. File an official complaint so some remedial action will be taken. It’s really the best way to make air travel more accessible, and to make sure that the ACAA is followed.

Arpingstone, Public domain, via Wikimedia Commons

Can I Store a Wheelchair in the Aircraft Cabin?

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I’m planning to fly from San Francisco to Miami to see my sister next year, and I use a manual wheelchair. I have heard such horror stories about wheelchairs being damaged in the baggage compartment, and I’m wondering if I can store a wheelchair in the aircraft cabin? Is this possible and if so, do I need to make advance arrangements to do this.

What the Law Says

Under the Air Carrier Access Act (ACAA), US aircraft with 100 or more passenger seats are required to have a priority stowage space for manual wheelchairs. This can be in the onboard closet or strapped to unused seats.

If the stowage space is in the closet, there must be room for one typical adult size folding chair. The dimensions of that space must be at least 13 inches by 36 inches by 42 inches. If the manual wheelchair does not fit in the prescribed area while it is fully assembled, the wheels or other components may be removed to make it fit. The removal must be done without any tools, and afterwards you can store the removed components with your carry-on luggage.

It should be noted that wheelchair stowage takes priority over all other items, including crew luggage; and it’s the crew’s responsibility to move their luggage and clear the space.

The airline can also opt to use the seat strapping method to stow a manual wheelchair in the aircraft cabin. If this method is used, there must be room for two manual wheelchairs.

At the Airport

There’s no advance notice required to store a wheelchair on the airplane, but it should be noted that priority wheelchair stowage space is only guaranteed if you preboard the aircraft. If you board during general boarding, you will have to compete with the other passengers for the onboard storage space, so it’s extremely important that you preboard.

Additionally, since there is only one wheelchair stowage space per aircraft in the onboard closet, it pays to be the first one to board the aircraft. So don’t wander away from the boarding area, and when boarding time approaches, make sure you are visible to the crew, so you won’t be forgotten.

It’s also important to note that wheelchairs or any other assistive devices are not counted as carry-on luggage.

If you encounter any problems when you ask to store a wheelchair in the aircraft cabin — such as the crew refusing to relocate their luggage — don’t hesitate to ask for the Complaints Resolution Official (CRO). These airline employees are trained to handle disability-related problems, and they will make sure that the ACAA rules are followed. For more information about the CRO, visit emerginghorizons.com/flying-with-a-wheelchair-remember-the-cro/.

And for more tips on flying with a wheelchair, visit emerginghorizons.com/flying-with-a-wheelchair-air-travel-tips-and-more/.

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ACAA Changes Stalled: Do These US Airlines REALLY Want Improved Wheelchair Access?

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The big news about access in the air is that a group of US Airlines have initiated a legal review of the Department of Transportation’s (DOT) most recent Air Carrier Access Act (ACAA) changes (https://emerginghorizons.com/acaa-updates-stalled-due-to-litigation/).

These ACAA changes would make air travel safer and more comfortable for slow walkers and wheelchair users. The ACAA changes were scheduled to be implemented in 2025, and they include important items such as the prompt return of wheelchairs upon arrival, promptly repairing damaged wheelchairs and providing appropriate rentals (https://emerginghorizons.com/2025-air-carrier-access-act-updates/).

And because of this litigation, these ACAA changes are all on hold.

Interestingly enough, many of the airlines that are publicly opposing these access regulations have previously claimed to be working hard towards making the whole air travel experience easier for disabled passengers.

So my question to them is, are they REALLY committed to improving wheelchair access in the air?

 

What Airlines Oppose the ACAA Changes?

The plaintiffs in this case include the member organization Airlines for America (AIA), as well as five airlines — United, American, Delta, JetBlue and Southwest. The filing is a bit redundant, as AIA includes those five airlines as well as Alaska Airlines, Hawaiian Airlines and Atlas Air.

So what exactly is AIA? According to their website, this member organization “advocates on behalf of its members to shape crucial policies and measures that promote safety, security and a healthy U.S. airline industry.” In short, it’s basically a trade association headquartered in Washington DC.

Ironically, AIA also has a section devoted to accessibility on its website, which proudly states that “member airlines are dedicated to providing accessible air travel to all passengers”. It goes on to state that their member airlines ” have long been engaged in a variety of initiatives to increase air travel accessibility and meet or exceed all DOT accommodation standards.”

Of course my question is, if they are so devoted to accessibility, then why are they opposing the DOT’s latest updates to the ACAA — updates that will make air travel safer and more comfortable for many wheelchair-users and slow walkers.

Sounds like a bunch of wolves in sheep’s clothing to me.

 

Delta Airlines

Although Delta Airlines is a member of AIA, they are also listed as an individual plaintiff in the ACAA case. And they deserve a special mention because of all the press they have received in the past few years for trying to improve access for wheelchair-users. More specifically Delta Flight Products, which is a subsidiary of Delta Airlines, has worked on a cabin design that would allow passengers to remain in their own wheelchairs for their flights.

And boy do they ever have a great PR department, because they have been all over the news, with tons of mainstream coverage, as well as photo ops by a passel of bloggers that happen to use wheelchairs or fly with someone that does.

Delta Flight Products is very proud of their work. They proudly extoll their dedication to making air travel a comfortable reality for more wheelchair-users on their website. Their statement reads, “Delta Flight Products’ applications, which could ultimately enable this first-of-its-kind seat to be installed on an aircraft, is a remarkable milestone in the industry’s journey to make travel more inclusive for all. Delta has long pioneered efforts to increase air travel accessibility and will continue to invest in technology and innovation to support all our customers.”

And when they failed to properly accommodate a disabled passenger in 2022, Delta reaffirmed their commitment to access. Their statement proudly declared, “We believe travel is for everyone, and it is our priority to deliver the best service and ensure accessibility for all Delta customers.”

 So again I ask, why is a company that has “pioneered efforts to increase air travel accessibility” and makes it a “priority to deliver the best service and ensure accessibility” a plaintiff in this lawsuit?

 

The Other Plaintiffs

To be fair, Delta is not the only plaintiff that professes to support safe and comfortable wheelchair access in the skies.

Let’s start with United Airlines. This one is a bit of a puzzler to me, because back in April 2024 United was in the news everywhere for launching their new wheelchair-sizing tool (https://emerginghorizons.com/new-united-airlines-wheelchair-sizer-tool-unveiled/). Granted it was the result of an ACAA complaint, but the end result was a digital tool that helps wheelchair-users select flights that can accommodate their specific assistive devices.

 And United execs bragged about their accomplishment. “By offering customers an easy way to know if their personal wheelchair fits on a particular airplane, we can give them the peace of mind they deserve when they fly with us,” United executive vice president and chief customer officer Linda Jojo said in a statement.

 Then why is United a party to the current lawsuit that objects to — among other things — the new ACAA regulation that requires airlines to publish the dimensions of their cargo holds so wheelchair-users can determine if they can accommodated their wheelchairs?

 And let’s not leave out American Airlines. After they were fined by the DOT in 2024 for their treatment of disabled passengers, they put a positive spin on it all, when a senior vice president said, “Today’s agreement reaffirms American’s commitment to taking care of all of our customers.”

And again, if they have such a big commitment to “all” of their customers, then why are they a party to this lawsuit; a lawsuit, which if successful will take away the rights of “some” of their customers.

 

Time Will Tell for ACAA Changes

In the end, time will tell how this lawsuit will end. If the court decides to throw it back in the DOT’s lap to rework things “according to the procedural rules,” then we could see an entirely different version of this ACAA update.

On the other hand, there’s a slim possibility that the court will rule in the DOT’s favor and the regulations will stand as previously released.

Either way, don’t let the PR spins fool you. The plaintiff airlines definitely do not want to see improved access in the air.  And that’s something to remember when you choose an airline for your next vacation.

CourtGavel

ACAA Updates Stalled Due to Litigation

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Although some welcome access updates to the Air Carrier Access Act (ACAA) were released in December 2024, there’s been a slight glitch in the implementation of these new regulations. It seems that the airlines have commenced legal action to prevent the ACAA updates from being enacted.

The Airlines Argument

These new ACAA updates (https://emerginghorizons.com/2025-air-carrier-access-act-updates/), which were released by the Department of Transportation (DOT) on December 17, 2024, include stricter guidelines for the repair of damaged wheelchairs and improvement of communication with passengers who check their mobility devices. They also include some general regulations for insuring the prompt return of checked wheelchairs, informing passengers of the dimensions of the aircraft hold and generally updating the policies regarding flying with a wheelchair. Collectively they were seen as a huge improvement for wheelchair-users and slow walkers who take to the skies.

But the airlines didn’t exactly share the enthusiasm for these ACAA updates that was generated by the disabled community. In fact, five American airlines — United, American, Delta, JetBlue and Southwest — have filed a petition in the Fifth Circuit Court of Appeals for a review of the new ACAA updates. Also included as a plaintiff is Airlines for America, an organization that includes the above carriers as well as Alaska Airlines, Hawaiian Airlines and Atlas Air.  In short, these airlines have asked the court to set aside the new rule because the provisions in it exceeded the DOT’s statutory authority.

Specifically they claim that the rule violates the Administrative Procedure Act. (APA) This act requires a reviewing court to set aside agency actions that are found to be “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law”.

Venue Could Make a Difference

I find it interesting that this petition was filed in the Fifth Circuit Court of Appeals, which is headquartered in New Orleans. The Fifth Circuit includes Louisiana, Texas and Mississippi. Two of the plaintiff airlines — American Airlines and Southwest Airlines — are headquartered in that district. American Airlines home offices are in Fort Worth, while Southwest Airlines calls Dallas home.

On the surface it would seem logical to file in the district where two of the plaintiffs are located. On the other hand, it left me scratching my head a bit because the attorneys are located in New York. And not only is New York located a fair distance from New Orleans, but JetBlue also has its home office in New York. So why didn’t the plaintiff’s attorneys file in New York? It seems like that would be easier for everyone.

Then I looked at the recent court decisions of the Fifth Circuit, and one really stood out. It was another DOT case. On January 28, 2025 the Fifth Circuit Court of Appeals ruled that the DOT failed to comply with the APA in their fare disclosure regulation. That regulation was then remanded back to the DOT so they could make appropriate changes to comply with the law

In other words, the court ruled against the DOT. And if they did that once, then perhaps the attorneys for the plaintiffs were hoping that’s how it would go with this case.

What Happens Next?

Now that the papers have been filed we basically have to wait until the plaintiffs present their case to the Fifth Circuit Court of Appeals. And then the court will either rule that it stands, or it will throw it out; or like in the fare disclosure regulation, it will be sent back to the DOT with instructions to fix it.

 

Time will only tell. Until then the new ACAA updates are on hold, and because the regulation has been challenged they will not go into effect as previously outlined.

And so we wait.  Hopefully this issue will be resolved soon.

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