Here we go again with another case of a family being kicked off Southwest Airlines because of a child with a disability. Southwest claims it did all it could to help the family, but its absurd policy guarantees those unable to wear a mask due to a disability are treated like second class citizens.
Family Denied Boarding On Southwest Because Autistic Five-Year-Old Could Not Keep Mask On
First, the incident. An Iowa family was connecting in St. Louis (STL) to Des Moines (DSM). They had begun the day in Florida and flown the first leg without incident. Their five-year-old son has autism and a sensory perception disorder. He is also non-verbal.
The boy was having trouble keeping his mask on at the gate, throwing it down and refusing to keep it on. As a result, Southwest denied boarding to the family. Other passengers lobbied Southwest to let them onboard, but to no avail.
According to Southwest, the family was instructed it had to fill out a form and receive a note from a doctor in order for their son to travel without a mask. In the meantime, the family was offered a hotel room for the night, courtesy of Southwest.
Instead, the family chose a refund and drove home (about 5.5 hours). While waiting for their baggage, the young boy had a seizure…
Southwest Airlines: We Did Nothing Wrong
Let’s unpack this extended statement from Southwest:
While we regret any inconvenience this family experienced while traveling, federal law requires each person, 2 years of age and older, to wear a mask at all times throughout the travel journey.
Incomplete and misleading opening sentence. There is a clear exemption for passengers with disabilities.
To assist travelers with disabilities, there is a narrow exception to the mask mandate for specific types of disabilities that prevent a person from wearing a mask. Southwest Airlines considers applications for exemptions from this mask requirement from passengers with a disability who cannot wear a mask, or who cannot safely wear a mask because of the disability.
There’s a smoking gun for a lawsuit. It is not up to Southwest Airlines to “consider” what is valid and what is not. If a passenger has a disability that prevents wearing a mask, Southwest must accommodate that passenger.
In this case, a traveler was not wearing a face covering prior to boarding and did not have an exemption to the federal mask mandate.
Not true. The boy had an exemption; he simply had not gone through the ridiculous protocol Southwest demands, as I outline below.
Southwest Employees tried to assist the family by encouraging the child’s face covering be placed over the mouth and nose.
So, so helpful to an autistic child…
Once the family was unable to meet the federal requirement, Southwest offered the family a hotel for the night and to rebook them on a flight today to allow them additional time to comply.
Are we supposed to applaud Southwest Airlines for this?
Instead, the family chose not to fly and was granted a full refund.
The family made the right choice.
It’s the responsibility of Southwest employees to enforce federal regulations. As always, we appreciate the spirit of compliance to the federal mask mandate and the ongoing cooperation among our customers and employees as we work collectively to support the comfort and wellbeing of all who travel with us during the ongoing COVID-19 pandemic.
If it is the responsibility of Southwest employees to enforce federal regulations, then they should have let the boy onboard.
How Southwest Makes Disabled People Grovel For A Mask Exemption
The Southwest website details how exemptions to the mask mandate are granted:
Southwest Airlines will consider applications for exemptions from this mask requirement from Passengers with a disability who cannot wear a mask, or who cannot safely wear a mask because of the disability.
Again, that “consider” language is totally inappropriate if the passenger is disabled and that disability prevents the wearing of a mask.
But in order to seek an exemption on Southwest, the airline requires passengers to:
- Submit a request form at least seven days prior to travel
- Submit a letter signed by passenger’s medical physician on the physician’s letterhead stating that the passenger with a disability has a recognized medical condition precluding the wearing or safe wearing of a mask because of their disability
- Undergo a third-party medical screening as determined by Southwest Airlines
- Procure a negative COVID-19 viral test not more than 72 hours prior to travel
That’s all a bit cumbersome and seems totally disproportionate to the threat onboard of a disabled person without a mask.
But that’s not all. Southwest also warns that disabled passengers may be booted off their flight even with a mask exemption:
Southwest requires that a Passenger obtaining a mask exemption travel on a flight with less than 75% capacity at the time of the flight’s departure, and with no other Passengers on board approved for a mask exemption.
If the passenger’s preferred flight ends up being more than 50 percent full on the day of travel, Southwest Airlines will work to reaccommodate Passengers who obtain a mask exemption.
Please note that Passengers may be required to travel on a different date than their scheduled itinerary. That may also require the Passenger to provide documentation of new (updated) test results at the Passenger’s expense in line with Southwest Airlines’ requirements to receive a mask exemption.
Yes, during a time in which flights are full again, Southwest requires passengers who cannot wear a mask to wait for a flight of Southwest’s choosing, at the passenger’s own expense.
This folks, is the epitome of treating disabled people as second class citizens. It needs to stop, now.
CONCLUSION
Hopefully this madness will end this autumn and a federal mask mandate will be loosened. I’m really with the family here. A little bit of compassion was called for, not callous indifference. And Southwest did not “respect the letter of the law” as far as I am concerned (and certainly not the spirit of it). The hurdles Southwest makes disabled passengers jump through in order to receive accommodation is disgusting.
If passengers are fined tens of thousands for violating the regulations, isn’t only fair for WN to be fined millions? A proportional fine
I think Southwest will be “donating” some $$ to this family soon. Probably would be cheaper to just get a reserve crew & standby 737 and fly the family by themselves, rather than paying for “compensation”, fines and lawyer fees that will come.
This will only get resolved once the expletive airlines are dragged through court (and Sara Nelson finds herself begging on a street corner like the trollop she is)
Eventually a FA will get killed or seriously injured by someone that is willing to stand up for their rights, but overreacts in passion… then they’ll start to rethink this while thing… until then unions and govt bureaucracy will have its way with the sheep.
“Southwest Employees tried to assist the family by encouraging the child’s face covering be placed over the mouth and nose.”
Was one of these employees the one in the picture wearing a red top and a surgical mask below her nose?
Good point!
Rule is a rule. Family had an option to drive in first place if they knew child couldn’t keep the mask on and follow the rule. Children are no immune from the virus (recently, a boy died in Hawaii while traveling with his parents). Maybe the airline can exempt the requirement with a negative covid test for disabled people? But to be honest, I wouldn’t feel comfortable sitting next to passenger with no mask on.
I will ask again: We are told Europe is doing much better or has done much better with Covid than America did. They don’t require young children to wear masks. Can someone ask Fauci, the airlines, the FAA, etc. why we need to?
It’s a clownshow.
Common sense is Uncommon!
“While waiting for their baggage, the young boy had a seizure…”
Good thing he wasn’t on the plane when that happened.
Particularly if it was triggered by the drama of the Southwest agents.
Pure speculation.
Is it just me or does it seem like Southwest os the most jihadist when it comes to enforcing their mask rules?
I’ve noticed that too.
So how would you construct Southwest’s policy for validating disabilities?
Note from a doctor, presented at check-in.
Southwest has taken a hard line with their mask rules. If that wasn’t agreeable for this family, they should have flown with another airline or driven. We’re still in the middle of a pandemic; why was it so important for this young child to be on an airplane?
“We’re still in the middle of a pandemic.”
By what metric?
(not denying your statement, just asking for context)
I am completely on the familys side on this one. BUT… do you think this strident attitude might be the result of non- disabled people saying the have an issue the prevents them from wearing a mask and trying to game the system?
Similar to what happened with emotional support animals?
Totally, and that is potentially a huge problem. But it’s that idea of throwing the baby out with the bathwater…I’d rather see some idiots feign disabilities and get away with it than see a disabled child like this denied passage and treated without dignity.
You say that federal law requires airlines to request evidence that a passenger is indeed disabled?
I’m not saying this particular child was not genuinely disabled. But his parents should have presented evidence.
I can’t wear a mask because of a disability – it prevents me from kissing my emotional support penguin. Will Southwest date dare not let me board?
I think airlines have been given too much wiggle room. Indeed, Southwest can ask for proof, which is valid, but the idea that it can deny boarding on full flights (over 75% full) is arbitrary and highly problematic if it means, especially during this time of very full flights, a disabled passenger may wait days in order to travel (and have to redo COVID-19 tests at their own expense).
My first paragraph came out all wrong;
You say that federal law doesn’t allow airlines to request evidence that a passenger is indeed disabled?
Having a seizure in the air is far worse than if on land.
If I were the family, I would be hesitant to fly. Their child is at risk for touching stuff, not wearing a mask, not listening to instructions. Very difficult for the family.
You even said in the comments that a fair solution is to have a doctor’s note to show this disability, but the family appeared to be unprepared for even that small eventuality. Knowing that Southwest’s entire process is (we agree) quite extensive, even unreasonably so, don’t you think it would have been fair to them to come armed with at least the smallest bit of documentation instead of, well, absolutely nothing?
I think in the case of a young child with obvious disabilities, exceptions are warranted.
Matthew, this exact thing happened to our family on American Airlines. I would love to contact this other family and share our experience, this violates civil rights ADA laws and I’d be ready to help other families facilitate change if we can make our voices loud enough…even if masks go away soon what’s the next thing and of course they can always bring them back….
This happens to my family on American we had a Dr note and a negative Covid test, both the airline asked us to get but since we didn’t submit it within their 72 hour window they denied us access to board….what is interesting is they denied us after reading the dr note…not by observation of non compliance…..when I inquired about the 72 hour policy they said it was to distinguish between those who can’t due medical reason and those who don’t want to wear it…..okay….but if they are acknowledging at the gate that the dr note is enough reason to assume she can’t wear the make (my daughter is 7 in the spectrum) then they are acknowledging her disability by default…..once they said we couldn’t board because of the disability we said fine we will have her comply….they said no we don’t think she can….okay why….because of her disability……we met the Burden of proof for both negative Covid test and dr note….so the sole reason they didn’t let us on was her disability….that is direct discrimination…..further they also told us if we were to rebook we would have to site on the very last row because and I quote “ people with disabilities that get exemptions have to sit at the back of the plane so as to not upset other costumers (mind you that don’t have disabilities) ….these policies are offensive and discriminatory and need to stop.
Covid doesn’t know it should not spread from/to someone with Autism. I understand it is a difficult situation and won’t trivialize, however, how would one feel that the person next to kid was immuno-compromised and/or have breathing disorders and caught Covid after the flight? It is unfortunate but Southwest did the right thing here, they offered to put them up in a hotel and offered a full refund.
Good job Southwest. Oh, BTW is that someone from Southwest with the mask below their nose at the gate? ahem…
Expect this foolishness to continue until the midterm elections.
@Serene
If one was responsible and has been vaccinated, there is very little to worry about regarding catching the virus
The immuno-compromised individual argument is not a great one in my opinion. It’s a classic utility theory argument. Do we inconvenience 99% of people, stall economic growth, and treat vast groups of those with young children unfairly to accommodate this miniscule group of people who can’t be successfully vaccinated? With the flu, colds, and various viruses wasn’t plane travel dangerous for them prior to COVID? If anyone is uncomfortable, I would happily sit next to the kid.
@Derek
But there still is some worry you can still spread the virus.
I’m with SWA here. The family should have known the rules and applied for the exemption ahead of time. SWA did the right thing.
I hope that this family sues the pants off southwest. We fly southwest almost exclusively, we will be looking at another airline to use. This situation is sickening. There is so much discrimination here that I hope they pay out a lot. Hopefully it can be a class action and everyone that they have treated poorly can get on board. Flight attendants think that they are the most important people. Hopefully they can sue the attendants on this and any other flights that discrimination has happened. It might get there attitudes under control.
I hope that this family sues the pants off southwest. We fly southwest almost exclusively, we will be looking at another airline to use. This situation is sickening. There is so much discrimination here that I hope they pay out a lot. Hopefully it can be a class action and everyone that they have treated poorly can get on board. Hopefully they can sue the attendants on this and any other flights that discrimination has happened. It might get there attitudes under control.
I hope that this family sues the pants off southwest. We fly southwest almost exclusively, we will be looking at another airline to use. This situation is sickening. There is so much discrimination here that I hope they pay out a lot. Hopefully it can be a class action and everyone that they have treated poorly can get on board. Hopefully they can sue the attendants on this and any other flights that discrimination has happened.
I hope that this family sues the pants off southwest. There is so much discrimination here that I hope they pay out a lot. Hopefully it can be a class action and everyone that they have treated poorly can get on board. Hopefully they can sue the attendants on this and any other flights that discrimination has happened.
So why hasn’t SW been sued yet?
@Aaron
Very little chance according to the CDCs own data that you can spread the virus if vaccinated, since there is very little chance you can be infected to begin with (less than 10,000 breakthrough infections out of more than 100 million fully vaccinated persons). These vaccines prevent viral transmission, not merely symptoms
Frankly, I’m surprised at the anti-mask vibe here. You’ve got 177 passengers in a metal tube. I want them all to be masked! Period. And yes, we ARE in a pandemic. 30% of the public thinks the vaccine is a hoax. Surges in WA and OR. So yes, put on your mask!
Good job Southwest Airlines.
My main point is exactly your point, “here we go again.” I’m tired of entitled families who claim their autistic child doesn’t have to follow the rules. Do autistic kids not transmit germs or something? In fact, they yell, scream, throw things and cause disturbances that can endanger others. I am sorry for their child’s medical condition.
But the kid’s mask MUST be worn.
“Hopefully this madness will end this autumn” It won’t. At this point it’s all political. And too many are happy to blindly follow along.
@Chris M. I hear Southwest is hiring.
This ridiculousness is caused by a law that is stupid to begin with. Children are not shown to be super-spreaders, nor are they as vulnerable to the virus. Why are we expecting this of babies, and why are we expecting that silly scrap of paper to do anything anyway? We all wore them during the winter spike– they did nothing. And every passenger on the plane takes the mask off to eat or drink. So we are all thoroughly exposed to each other anyway. Those who are truly worried about Covid should consider that the safety policies don’t keep us safe. Our recent experience with another airline with our own disabled child was stressful, but more reasonable– tell parents to comply and then leave them alone when you see they are trying.
So the same thing happened to me and my son just yesterday on a united flight. My son is 4 years old and is special needs and has a appointment to see a doctor to see if he is autistic. Be in mind it takes a year to get those appointments. Here is my story, my brother passed away in California and I live in Virginia. I tried to get my son’s mother to take him a day early so I can go to his funeral and she refused. I ended up taking him , the first flight was rocky he screamed and cried when I had to put his seat belt on, nobody said anything about a mask. Getting on our last flight was a wow factor. First I was trying to take my son home at this point from all the looks we were getting from others at the Denver Airport, yes even from my own family. Hence me wanting us to go home. I was told by there supervisor there is no flights back tonight and that there is an issue with his car seat since we never got a ticket thing for it. So I said we will just go on the trip anyways and people will just have to deal. As soon as I get on the plane the female flight attendant was telling my to pull my mask up but still was covering my nostrils and I was carrying a 30 lb army bag a backpack and my son. I stated I will when I get to my seat and she became rude. I get to our seat and see the luggage guys out my son’s window, and they end up putting his carseat on the ground while loading everyone else’s things. They ended up driving away and I got up while people still boarding and asked why my son’s car seat was sitting on the ground as if it wasn’t coming on board. Flight attendant said I would have to get off the plane to find out what is going on. I just ended up going back to my seat and seen they just put the car seat on the belt going to the plane , so now I’m good to go. Another male worker like a CO pilot came up to me asking me if everything was OK and I said yes and stated briefly my concern but everything is OK now. 5 mins later the supervisor I spoke with earlier came and told me I can’t speak to his employees that way and I dumbfounded by the accusation since I know I didn’t get loud, curse , or be rude to his worker. Then he said my son needs to wear a mask since he is above the age of 4 . I obviously told him before my son is special needs and can’t wear one. He comes back at me stating we need paperwork justifying that , at this point I’m just are you serious? Can’t you just look at him and hear him he is completely non verbal. As I try to put the mask on him he screams and throws it each time. Super douche comes back telling me to get me and my son and our stuff off the plane. Now I’m angry but I comply. As soon as we get back to his desk , the plane takes off with my son’s car seat still on board. I end up stop talking to him at this point after he tells me we got kicked off because too many people were complaining. He then tells me there is a flight to go home now that night, but gives me a ticket for next day. I ask him for his name and he walks off. So now I have no car seat no hotel for the night (yet) and no means to travel so my son can sleep in a bed and not at an airport. I end up walking 3 hours to a hotel because nobody will have my son travel without a car seat. There was a hotel in the airport but there was no way I could afford that price. I end up finding out that the first hotel was fully booked and I was told to go next door. I got a room for him and he was good to go. Luckily this hotel had free shuttle to go back to the airport. Last flight guess what they didn’t care if he had a face mask because they saw he was special needs. So now I’m wondering how do I file a lawsuit on United airlines for pain and suffering and discrimination against special needs child.