Last month Elaine Perez-Pena was arrested at O’Hare International Airport for smuggling cocaine. I guess that’s not big news by itself, but to add a little twist to the story, Perez-Pena is supposedly a wheelchair-user — or at least she had a wheelchair in her possession at the time of her arrest. She later admitted that she really didn’t physically require a wheelchair, and the only purpose of her assistive device was to conceal illegal drugs.
Cocaine in the Cushions
So here’s how the smuggling bust went down. Perez-Pena was selected for a secondary inspection after she deplaned in Chicago, not because she was a wheelchair-user, but because she was previously convicted of drug smuggling in 2022. So they gave her luggage a through once-over, and put her wheelchair through the x-ray machine. Although nothing was found in her luggage, there were some abnormalities in the wheelchair cushions X-rays. Subsequently a drug-sniffing dog alerted to the wheelchair, so the authorities tore it apart and found an impressive 14 kilograms of cocaine.
This incident was quite a step up from her last endeavor in 2021, when she concealed a mere three kilograms of cocaine in her luggage on her return from the Dominican Republic. She pleaded guilty to that offense and ended up with “time served” which was about nine months in jail. Perhaps she’ll be in custody a little longer for this offense.
Increased Scrutiny for Wheelchair-Users?
Of course since Perez-Pena used a wheelchair to smuggle her goods, many folks are wondering if wheelchair-users will now receive closer scrutiny when passing through airport security checkpoints in the US? I don’t really think so. Don’t get me wrong, I’m sure every TSA employee in the country is aware of this wheelchair-related bust, so they’ll be more aware of the possibility that assistive devices can be used to conceal drugs. That said, Perez-Pena isn’t the first person hide contraband in a wheelchair, so I think this incident will serve as a gentle reminder rather than a great revelation.
For example, in September 2024, a passenger’s power wheelchair was flagged for secondary screening at George Bush Intercontinental Airport, due to unusually large cushions. After an x-ray revealed a hidden metal compartment, the wheelchair was more closely examined and 12 kilos of cocaine were uncovered.
And then there was the traveler at JFK International Airport in New York, who tried to hide over $450,000 of cocaine in her wheelchair wheels. She was flagged for secondary screening when a TSA agent noticed that some of her wheelchair wheels were not turning. That was a big red flag!
So although wheelchair-users may receive a closer look from TSA agents, they probably won’t be flagged for a more intensive screening unless some anomalies are spotted. Or if the wheelchair-user happens to be a convicted smuggler.
What to Expect at Security Checkpoints
Security checkpoints are a necessary evil of modern airline travel, but on the plus side the TSA has specific guidelines about how to professionally and respectfully screen wheelchair-users.
And although TSA PreCheck can help streamline the process a bit, there are still some limitations of that program for wheelchair-users. The good news is that you don’t have to remove your shoes, belts, laptops or liquids when you go through the TSA PreCheck line. And that makes the whole screening process a lot easier for everyone.
That said if you cannot stand and walk through the metal detector — in any line — you will need to undergo a manual pat down. And if there is any sort of flag or alarm during the pat down, then your personal property, carry on and wheelchair may be subject to additional screening. So suffice it to say that if your cushion looks like an overstuffed chair, or the wheels on your wheelchair don’t turn, then it’s off to the x-ray machine for your equipment. And most likely a drug-sniffing dog will also be called in to check your personal property if you are suspected of smuggling.
But for the majority of wheelchair-users, the security checkpoint won’t present any problems. That said, it pays to be prepared, so check out these handy tips before you hit the security checkpoint on your next trip. (https://emerginghorizons.com/the-disabled-traveler-and-airport-security).
If your travels take you across the pond, and you’re thinking about taking along your Hoyer lift, then think again. There is an easier solution. You can now rent a Hoyer lift in London through Ninja Mobility (ninjamobility.com). Owned by a power wheelchair-user, Ninja Mobility focuses on service, to make sure your essential equipment is available when you need it. Not only do they offer a wide range of mobility equipment choices, but they offer hotel delivery, so your equipment is waiting for you when you arrive. And they also serve the Southern UK, so it’s a good choice for a road trip too. So lighten the load on your next UK trip, leave your equipment at home, and rent a Hoyer lift in London. It’s the easy, stress-free way to travel.
Barrier-Free Travel Yosemite, Sequoia and Kings Canyon National Parks for Wheelers and Slow Walkers
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.
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.
With the evolution of the internet, information is just a few keystrokes away. On the other hand, some of that information is a far cry from accurate. This is especially true where accessible travel is concerned. Unfortunately with the emergence of Artificial Intelligence (AI) the credibility of online information has greatly decreased, and a glut of accessible travel misinformation has surfaced. With that in mind, here are some accessible travel misinformation tidbits recently found online; followed by the true facts, and topped off with a handful of accessible travel resources.
Accessible Travel Misinformation — Air Travel
Misinformation: The Americans with Disabilities Act (ADA) is the law that covers air travel for disabled passengers.
Truth: The Air Carrier Access Act (ACAA), which actually predates the ADA, covers airline and aircraft accessibility on US airlines and on foreign airlines on flights to and from the US. The ADA does not cover airline access.
Misinformation: You will get upgraded to first class when you fly if you have a disability.
Truth: Although coach seats may not have enough room for many wheelchair-users, upgrades are few and far between these days. It never hurts to ask for an upgrade, but don’t expect one unless you are a top tier frequent flyer. Occasionally wheelchair-users get upgraded, but it’s far from the norm.
Misinformation: Wheelchair-users are guaranteed bulkhead seating on airplanes.
Truth: Under the ACAA, people with a fused leg and those who travel with a service animal are the only passengers guaranteed bulkhead seating. On the other hand, some air carriers voluntarily block bulkhead seats for wheelchair-users; so check around and then deal with the air carriers that can best meet your seating needs.
Misinformation: You don’t need to make advance arrangements for accessible rooms.
Truth: Well you don’t need to make reservations for any hotel room; however that doesn’t mean there will be a room available when you arrive. The same holds true for accessible rooms. The only way to ensure your room will have the access features you need, is to make an advance reservation. In practice, only a small portion of hotel rooms have access features.
Misinformation: Making a reservation at a property assures you that the accessible room will be there when you arrive, because you have guaranteed it with your credit card.
Truth: Guaranteeing a room with your credit card only locks in a specific rate. Blocking a room sets aside a specific room for a specific guest on a specific date. All accessible rooms in the US are required to be blocked under the ADA.
Misinformation: All accessible guest rooms have roll-in showers.
Truth: In the US, only hotels with over 50 rooms are required to have accessible guest rooms with roll-in showers. Those with under 50 rooms are merely required to have tub/shower combinations with grab bars.
Misinformation: All hotels have to have shuttles that are wheelchair-accessible.
Truth: If a hotel provides free airport transfers, they must also provide accessible transfers at no charge. They don’t have to own their own accessible vehicles though. They can contract out the service or pay for an accessible cab or Uber, but they cannot charge disabled customers for a service that they provide free to other guests.
Misinformation: The ship-sponsored shore excursions on most cruises are usually accessible.
Truth: In order to take most ship-sponsored shore excursions you have to be able to walk a few steps and climb up into a bus. Most of the ship-sponsored tours do not include accessible transportation. The exception is in Alaska, but you have to specifically request an adapted vehicle there, even on tours that are designated as “accessible”.
Misinformation: Wheelchair-users can easily roll off cruise ships at all ports, so even if you don’t book a shore excursion you can still explore the area around the port.
Truth: If you can get off the ship you may be able to roll around and explore the port, but cruise ships don’t always dock at all the ports. In many cases cruise ships drop anchor offshore and shuttle passengers to and from the port in tenders. And in many cases these tenders are not wheelchair-accessible. Check with the cruise line to see what ports are tender ports, and then ask about their policy of tendering wheelchair-users. And remember that any port could become a tender port due to high traffic or other operational issues.
Misinformation: Cruise lines provide manual wheelchairs for passengers who cannot walk very far.
Truth: Most cruise lines provide manual wheelchairs and boarding assistance to slow walkers, during embarkation and disembarkation only. These manual wheelchairs are not for the exclusive use of passengers, and cannot be taken to a cabin. If you need a wheelchair during the cruise or for shore excursions, you need to rent one and have it delivered to the ship, or bring your own from home.
Misinformation: Theme parks let wheelchair-users go to the front of the line so they don’t have to wait.
Truth: In some cases, wheelchair-users are allowed to access certain attractions through the exits, because the main entrances are not accessible. The newer rides and attractions are being built with accessible entrances, so this alternative access (which results in skipping the line) is no longer needed for wheelchair-users. And under the new new Disability Access System, only “developmentally disabled guests who cannot wait in line” are eligible to get a return time for popular rides and skip the queues.
Misinformation: Under the ADA, car rental companies must also rent lift-equipped vans.
Truth: Car rental companies are not required to provide ramped or lift-equipped vans. They are however required to install hand controls on vehicles, given 48-hours notice. If you require a lift-equipped van, you need to deal with a specialty rental firm.
Finally, take a look at how the article is written, when you are ferreting out misinformation. Does it seem completely unbelievable? Does it include photos? Is it written by someone who has actually traveled to the destination? If not, then you may be reading misinformation generated by AI. Here are a few more tips to help you weed out the misinformation when you research your next trip. emerginghorizons.com/wheelchair-accessible-travel-sorting-through-the-misinformation-on-the-internet/.
Barrier-Free Travel National Park Lodges for Wheelers and Slow Walkers
If you follow accessible travel at all, you’ve probably noticed an uptick of articles about the possibility of staying in your own wheelchair to fly. A few airlines have released prototypes of “accessible” flip up seating units with wheelchair tie-downs; and a number of disability rights organizations have championed the “flying in your wheelchair” movement.
Travel by its very nature requires a good amount of preparation, especially when it includes air travel. Factor a disability into that equation and the complexity increases. With that in mind, here are some helpful tips for flying with a wheelchair.
Before You Go
The first thing you should do if you are flying with a wheelchair is to learn the law so you know what to expect. The Air Carrier Access Act (ACAA) — not the Americans with Disabilities Act — is that law that covers access on all US carriers, and foreign carriers on flights to and from the US. You can find the ACAA at https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382.
Flying with a wheelchair in some parts of the world can come with some additional problems. If your trip involves domestic flights in Asia, Africa and the Caribbean, learn about the local access laws. Many domestic carriers in these regions have denied boarding to unaccompanied wheelchair-users. Choose your airline carefully.
Request a seat with a flip-up armrest when you make your reservation, as it makes transfers easier.
If you need a non-ticketed escort to accompany you to the gate, advise the airline of this when you make your reservation. Your escort will be asked for photo identification and given a security checkpoint pass.
Even if you don’t routinely use a wheelchair at home, consider requesting an airport wheelchair when you book your reservation if you are a slow walker. Some airports are quite large, and the whole boarding process can involve a lot of walking and standing.
Under the ACAA, airlines are required to carry wheelchairs, other mobility aids and assistive devices free of charge. This can include everything from oxygen concentrators and ventilators, to shower chairs and even catheter supplies. That said, remember to pack medical supplies in a clearly labeled box, and do not mix them with your personal items.
If you are traveling with oxygen or a ventilator, contact the airline to find out about their specific rules and procedures. Some airlines require doctor’s forms, so plan ahead for this.
If you have any questions regarding security screening procedures, call the TSA Cares hotline at (855) 787-2227 at least 72 hours prior to your flight. They will be able to supply you with airport specific information regarding your inquiry.
Download the TSA Notification Card (www.tsa.gov/sites/default/files/disability_notification_card_508.pdf), then fill it out with the specifics of your disability. Hand it to the TSA agent when you get to security. This is especially helpful if you have places on your body that are sensitive or painful to touch.
Finally, it you are flying with a wheelchair and you have any questions about the ACAA, call the DOT Hotline at (800) 778-4838.
At the Airport
When flying with a wheelchair, you can stay in your own wheelchair until you get to the gate, if you have non-spillable (gel) batteries. At that time you will be transferred to an aisle chair and boarded, and your wheelchair will be gate checked. If your mobility device does not have non-spillable batteries, you must transfer to an airport wheelchair at check-in, and surrender your wheelchair or scooter at that time.
If your mobility device has lithium ion batteries, contact the specific airline for their rules and regulations. US airlines are allowed to carry mobility devices with lithium ion batteries, however they are not required to do so. Every airline that accepts these devices has their own procedures,
If you use an airport wheelchair, don’t give it up once you get to the gate, because if there is a gate change you won’t have any way to get to the new gate. And sometimes it can be a very long walk.
Always allow extra time to get through security. Carry your wheelchair repair tools in your checked bag. If you encounter any problems at the security checkpoint ask for the Passenger Support Specialist, as these employees have additional training in access issues.
Remember, you are not required to perform any tasks at the security checkpoint that you are physically unable to do. If an TSA employee asks you to stand, walk, or even take off your shoes, just let them know that you are unable to do that.
When flying with a wheelchair, let the gate agent know that you need to preboard the aircraft. This will give you extra time to transfer and stow your gear in a more private setting. And don’t wander off from the boarding area, as you could miss preboarding.
Protect Your Wheelchair
Attach clear assembly and disassembly instructions (in Spanish and English) to your wheelchair or scooter. Photos and illustrations also help.
Remove any loose or protruding parts from your wheelchair or scooter. Protect your joystick with some type of a hard covered object, such as a plastic cup secured with packing tape.
Let a little bit of air out of your wheelchair tires. Carry on all gel cushions. Baggage compartments are not pressurized.
Snap a digital photo of your wheelchair before you board. It’s a good way to document the condition of your assistive device in case of damage.
Make sure you have adequate insurance. US airlines are only liable for the purchase price (not the replacement cost) of assistive devices on domestic flights. And on international flights the airline liability limit for damaged assistive devices is covered under the Warsaw Convention ($25.29/kilo) or the Montreal Convention ($1731 limit).
Put an air tag on your wheelchair. It won’t prevent it from getting misrouted, but at least you will know where it’s at if it doesn’t show up at your gate.
On the Airplane
On aircraft with more than 100 seats, there’s priority storage space aboard for one manual wheelchair. This space is available on a first-come basis, so it pays to get to the boarding area early, to get the first crack at the space.
Make sure an on-board wheelchair is aboard the aircraft before takeoff. If you cannot walk, this is how you will be transported to the lavatory. On-board wheelchairs are required on all aircraft with accessible lavatories, but sometimes they are accidentally offloaded, so it always pays to check.
Consider your toilet options when flying with a wheelchair, and plan ahead. Accessible airline lavatories are available on wide-body (two-aisle) jets. They have to be large enough to accommodate the on-board wheelchair, but in some cases there is not enough room for an attendant. Check out the aircraft diagrams at seatguru.com/ to find planes that have larger accessible restrooms.
If Things Go Wrong
If you encounter any problems when flying with a wheelchair, contact the Complaints Resolution Official (CRO). The CRO is an airline employee that’s specifically trained about the ACAA. All US airlines are required to have a CRO on duty during airport operating hours. Foreign carriers are also required to have a CRO available at airports that serve flights that begin or end in the US.
If your equipment is damaged or you experience a access related service failure, report it to the airline and request compensation. If your assistive device is not usable, be sure to request an appropriate loaner.
And if you experience an access-related service failure, you can also file a ACAA complaint at secure.dot.gov/air-travel-complaint. This complaint will not result in compensation but it can help to make air travel more accessible in the long run.
Barrier-Free Travel National Park Lodges for Wheelers and Slow Walkers
The Air Carrier Access Act (ACAA), which has been on the books since 1986, details what services US airlines must provide to disabled passengers. These regulations also cover foreign air carriers that fly routes to and from the US. Although it’s a good idea to read the regulations in their entirety at www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382, there are a few key provisions that every traveler should note. With that in mind, I’ve created a Disabled Air Travelers Bill of Rights, which highlights those provisions.
Of course, sometimes there’s a big difference between the regulations that dictate what should happen, and what actually happens in real life. With that in mind, not only have I pointed out some possible air travel “realities”, but I’ve also included some helpful tips and tricks about how to remedy access missteps that could pop up along the way. And for your reference, I’ve also noted the specific parts of the ACAA that convey each right.
1. You Have the Right to Curbside Wheelchair Assistance
Curbside wheelchair assistance tops the Disabled Air Travelers Bill of Rights. Some airports are huge, and slow walkers who use a cane or walker literally can’t manage the distance. Under § 382.91 of the ACAA, airlines are required to provide wheelchair assistance from the terminal entrance (or vehicle drop-off point) to the gate. Not only must they provide a wheelchair, but they must also provide someone to push that wheelchair and offer luggage assistance.
The reality of the situation is that sometimes this just doesn’t happen, even when you make advance arrangements. So what should you do if you are left stranded at the curb? The solution to this dilemma actually starts before the trip. Contact the airline prior to your departure and ask for the local number of the airline. Then put it in your cell phone so you have it handy if the airport wheelchair is a no-show. That way you won’t have to spend precious moments on hold and be forced to navigate through endless prompts, in order to get assistance.
And when all else fails call the airline out on social media. This shouldn’t be your initial response, but when your requests for assistance go unanswered, it’s sometimes the fastest way to get results.
Additionally, when you get to your gate don’t let them take the wheelchair away, even if you can easily make it down the jetbridge to the aircraft. The reason for this is that if there’s a gate change – which isn’t uncommon – you will need a wheelchair to get to your new gate. If they take that airport wheelchair away, you will be stranded. And sometimes that new gate can be quite a hike from the original gate.
2. You Have the Right to Remain in Your Own Wheelchair to the Aircraft Door
This is called gate checking your wheelchair and it’s absolutely something that you want to do. Why? First and foremost you will be more comfortable in your own wheelchair. Additionally, the less time the airline has your wheelchair, the less time they have to damage or misplace it. And under the ACAA US carriers are required to gate check wheelchairs whenever possible.
Of course the reality is that not everybody can stay in their own wheelchair all the way to the gate. In order to gate check your wheelchair it must have non-spillable batteries. If your wheelchair has spillable batteries you must arrive one hour earlier, surrender your wheelchair at check-in and then transfer to an airport wheelchair.
If your assistive device has Li-ion batteries, you may be able to stay in it all the way to the gate. Airlines are allowed to – but not required to – accept assistive devices with Li-ion batteries. And all the airlines have different requirements for the packaging, labeling and transport of these batteries.
Bottom line – know your battery, and travel with a non-spillable battery if at all possible. And contact the airlines directly to find out about their requirements or restrictions on Li-ion batteries. Finally, consult § 382.125 of the ACAA to find out the specifics of this provision.
3. You Have the Right to Preboard the Aircraft
Next up on the Disabled Air Travelers Bill of Rights — preboarding. Under § 382.93 of the ACAA, airlines must offer preboarding to disabled passengers who request this service. Preboarding simply means that you board the aircraft before general boarding is announced.
There are several advantages to preboarding. First and foremost, you can take your time going down the jetway, and you don’t have to worry about being trampled or crowded by other passengers. Additionally, you’ll get first crack at overhead storage space, and people won’t be staring at you as you transfer to your seat. Finally, if your seat doesn’t have a flip-up armrest (it happens), the flight attendant can easily reseat you before the other passengers board.
The reality of the situation is that many airlines no longer make preboarding announcements. And under the ACAA, they aren’t required to announce preboarding, they are just required to offer it. With that in mind, make sure and arrive at your gate early, and tell the gate agent that you need to preboard the aircraft. Then — and this is the important part — make yourself very visible at the gate. Do not wander away. Out of sight is out of mind, and you certainly don’t want the gate agent to forget you.
4. You Have the Right to a Dignified Boarding
A very important facet of the Disabled Air Travelers Bill of Rights is the right to a dignified boarding. A dignified boarding is either a level boarding or access to the aircraft by a lift. Under § 382.101 of the ACAA, US airline employees are never allowed to hand carry disabled passengers on board the aircraft.
Accessible boarding — either by a level jetway or a lift — is required on aircraft with 19 or more seats at US airports. Most larger airports have jetbridges, so you can just roll on the aircraft. At airports without jetbridges passengers deplane directly to the tarmac, via a portable stairway. At these airports, lift boarding is required if the airport has more than 10,000 enplanements (passengers) per year.
And although these boarding requirements also apply to foreign carriers that land in the US, it’s not a requirement at foreign airports. With that in mind, it’s a good idea to inquire about your boarding and deplaning options before you buy your ticket, especially on international flights. Additionally, don’t forget to ask about the weight limit of the lift if the airport doesn’t have jetways.
Also keep in mind, planes may enplane or deplane directly on the tarmac, even if the airport has jetbridges. This is usually a traffic issue, and it’s not uncommon at large airports. When this happens passengers deplane directly to the tarmac and are then bussed to the gate. If this is a possibility, it’s important to not only inquire about the availability of a lift, but also of an accessible bus.
5. You Have the Right to Appropriate Seating
Seating is another important topic addressed in the Disabled Air Travelers Bill of Rights. To be honest, there’s a lot of confusion about what type of seating is required for wheelchair-users. Under § 382.61 of the ACAA, US aircraft with more than 30 seats must have movable armrests on at least half the seats. These flip-up armrests make transfers from the aisle chair a bit easier, and they are the only seating accommodation required for wheelchair-users.
That said, airlines cannot require a wheelchair-user to sit in a window seat or bar them from occupying an aisle seat. They can however prohibit a disabled passenger from sitting in an exit row.
Seating is further addressed in § 382.81 of the ACAA, which states that passengers with a fused leg or those who travel with a service animal are guaranteed bulkhead seating. It doesn’t require bulkhead seating for wheelchair-users or slow walkers. And if you qualify for bulkhead seating, it’s important to note that they do not have flip-up armrests.
The good news is, even though bulkhead seating is not required for wheelchair-users under the ACAA, many airlines routinely set aside these seats for any disabled passenger. Check with the carrier about their bulkhead seating policy if this is an accommodation you need. If they can accommodate you, great. If not keep checking until you find an airline that can. It’s also a good idea to check for airlines that offer open seating; because if you preboard you’ll have first pick of seats.
6. You Have the Right to Onboard Wheelchair Stowage on Most Aircraft
According to § 382.67 of the ACAA, US airlines must provide one priority wheelchair stowage space on aircraft with 100 or more seats.
This area must be at least 13 inches by 36 inches by 42 inches, which is deemed large enough to store a typical adult-sized wheelchair without having to remove the wheels. Although this space is usually located in the onboard closet, airlines can also strap a wheelchair to a row of seats. If the onboard wheelchair stowage space is in the closet, a sign must also be installed indicating that assistive devices stowed in this area get priority over all other items, including crew luggage.
The one thing to remember is that there is only one wheelchair stowage space per aircraft, and in order to use it you must preboard. So that’s one more reason to arrive at the gate early and take advantage of preboarding.
§ 382.123 of the ACAA also states that airline personnel are required to move other items — including crew luggage — in order to make room for a passenger’s wheelchair. Of course this doesn’t always happen, and sometimes the crew is reluctant to move their luggage. It’s a good idea to print out this section of the ACAA and take it with you in case that happens. And if that doesn’t work, then you’ll just have to enlist the assistance of the CRO (see #10 below).
7. You Have the Right to Fly
A very important tenet of the Disabled Air Travelers Bill of Rights – airlines cannot deny you passage just because you are disabled. This is detailed in § 382.19 of the ACAA.
And although the airlines cannot deny disabled passengers passage, they can require them to travel with a safety assistant if they feel that they are unable to assist with their own emergency evacuation. That said the the only duty that a safety assistant has is to assist a disabled passenger in an emergency. And anybody – even someone you don’t know – can be a safety assistant. This is detailed in § 382.29 of the ACAA.
So if the gate agent says you can’t fly unaccompanied, all you have to do is ask another passenger to act as your safety assistant. Problem solved. Unfortunately not all gate agents know the law, so it’s a good idea print out this section of the regulations.
And if you have to, contact the CRO (see #10 below).
8. You Have the Right to Relieve Yourself on a Flight When Nature Calls
According to § 382.63 of the ACAA, accessible lavatories are required on all post-1992 US wide body aircraft. And if the aircraft has an accessible lavatory, it is also required to carry an on-board wheelchair.
The reality of the situation is that there are minimal requirements for an accessible lavatory. Basically they have to be big enough to accommodate the onboard wheelchair, and they must include an accessible call button, grab bars and faucets. There are no provisions for enough space for a caregiver or a transfer, so many folks can’t realistically use “accessible” airline lavatories. And again, they are only required on wide body (twin aisle) aircraft.
The good news is, that a revision of the ACAA to require accessible lavatories in single aisle aircraft is currently underway. Unfortunately the timeline for implementation is painfully slow, and if adopted as written, full implementation is at least 45 years away
For now, if you need a large lavatory, look to the newer wide body jets. Specifically, the 787 Dreamliner has a very spacious accessible lavatory. Also the newer Airbus 320 models have large space-flex accessible lavatories. Both of these models have plenty of room for both a wheelchair-user and a caregiver. Additionally it’s a good idea to check out the seating maps on www.seatguru.com. Although the site doesn’t list the exact size of the accessible lavatories, it’s easy to see the relative size compared to the standard lavatories.
And last but not least, if you will need the on-board wheelchair during the flight, ask the flight attendant to check and make sure it’s on the aircraft before takeoff. Sometimes they get offloaded and aren’t promptly replaced. And you don’t want to find this out in the middle of your flight.
9. You Have the Right to Compensation for Wheelchair Damage
Unfortunately wheelchair damage is sometimes a reality of air travel. § 382.131 of the ACAA addresses compensation for wheelchair damage.
On domestic flights (within the US), the airline liability limit for damaged assistive devices is the purchase price — not the replacement cost — of the item. And on international flights the airline liability limit for damaged assistive devices is covered under the Warsaw Convention ($25.29/kilo) or the Montreal Convention ($1731 limit).
So, if you have an older wheelchair, that costs more to replace today, you’ll be responsible for the difference. You’ll only be reimbursed for the original purchase price on domestic flights.
Although this coverage is limited, there are some steps you can take before your flight to make sure you will be adequately compensated. First and foremost, you should determine how much it would cost to replace your assistive device. Then check your homeowners insurance to see how much — if any — coverage you may have. Most policies cover personal property even when it leaves your residence; however some policies exclude assistive devices. And if your policy isn’t clear on this matter, call your agent for the most authoritative answer.
If you find that you don’t have any homeowners coverage, then shop around for a high deductible travel and baggage insurance that includes assistive devices. Again, it’s good to talk to a live person to make sure that you get adequate coverage. And make sure you get it in writing — don’t just rely on a random phone conversation.
10. You Have the Right to Have Your Disability-Related Complaint Addressed
This is perhaps one of the most important aspects of the Disabled Air Travelers Bill of Rights, as it offers an avenue to problem resolution. All US airlines and foreign airlines that fly to and from the US are required to have a Complaints Resolution Official (CRO) on duty during operating hours. This person knows the law and is specifically trained to solve access related problems. This provision is included in §382.151 of the ACAA.
The reality of the situation is that not all airline employees are acquainted with the CRO or the disability complaint process. They are also sometimes not even aware of the ACAA. This is especially true of new hires.
So whenever you run into a wall on an access-related issue, always ask to speak to the CRO. If the employee you are dealing with does not know who or what the CRO is, then ask to speak to a supervisor. They are well aware of CRO duties, and they may even be a CRO; as it’s not uncommon for the airlines to have more than one CRO on duty at a time.
It’s also a good idea to bookmark the ACAA, so you can point out the law if you feel you are being mistreated.
Of course the goal of the CRO is to solve the problem on the spot, but if that doesn’t happen you can most certainly follow up when you return home. You can file an access related complaint directly with the airline within 45 days of your flight.
Additional Recourse For ACAA Violations
Even if you have already filed a complaint with the airline, you can also file a complaint with the Department of Transportation (DOT) for ACAA violations when you get home. This most likely won’t result in a solution to your specific problem, but the DOT has the authority to fine airlines for access shortfalls. And that usually results in better policies and procedures for passengers with disabilities.
Travel by its very nature requires a good amount of preparation, especially when it includes air travel. Factor a disability into that equation and the complexity increases. With that in mind, here are some helpful tips for flying with a wheelchair.