Crazy: California Woman Claims Her Cancer Returned After JetBlue Agent Refused To Let Her Fly With Emotional Support French Bulldog In Mint Cabin

A California woman is suing JetBlue, claiming that her stage four cancer returned after a “cruel” gate refused to let her fly in Mint Business Class with her emotional support dog and a “cruel” flight attendant forced her to place her dog in a bag that was too small for her 23-pound French bulldog.

Lawsuit: California Woman Says Her Cancer Returned After JetBlue Refused To Let Her Fly With Emotional Support Dog

There’s no exaggeration or clickbait in this headline; the passenger is really claiming her cancer returned because of JetBlue’s poor treatment of her.

I first read about this story a couple of days ago in the UK Independent but the words “emotional support” and “service animal” were used interchangeably, so I wanted to wait and read the lawsuit before writing about it. There is a big difference between an “emotional support dog” (banned on most carriers) and a “service dog” (protected by US federal law).

I’ve now reviewed the lawsuit directly and the foolish attorney calls the dog both an “emotional support animal” and a “support animal.” While both terms–generally–are not mutually exclusive, each have a very specific legal meaning, especially when it comes to commercial air travel. This muddling of terms for this dog discounts their case tremendously, as does the fact that it flew inside a bag (service dogs are not required to be in an animal carrier).

Here’s what happened, according to passengers:

• 51-year-old Oksana Kiritchenko and her husband bought round-trip “Mint” (business class) tickets from Los Angeles (LAX) to Fort Lauderdale (FLL) on JetBlue for $4,295.60.
• They filled out the “required attestation paperwork” to bring their dog onboard, a 23-pound French Bulldog
• The outbound flight on September 2, 2023 went smoothly, with the dog flying at her feet in Mint class
• During pre-boarding for the return flight on September 2, 2023, they were questioned by gate staff at FLL about the dog and not permitted to pre-board
• An argument occurred at the gate, though the lawsuit does not provide more detail (“plaintiffs were afraid to step aside without an acknowledged arrangement that they will be called back for the dog-related inquiry, in a fear that they will lose their spot in the queue.”)
• The JetBlue agent eventually told the Kiritchenkos that one of them would have to move to economy class if they wanted to travel with their dog
• Plaintiffs were boarded on the plane with Mr. Kiritchenko seated in Mint and Mrs. Kiritchenko seated in the economy class “with their dog in its travel bag”
• A JetBlue “flight assistant” (flight attendant…) came up to Kiritchenko and “demanded” she place her dog into a “smaller bag.”
• When the dog did not fit, the flight attendant demanded that she make the dog fit or would be removed from the aircraft
• Since the dog did not fit, the Kiritchenkos were removed from the flight
• The couple purchased tickets home on Delta Air Lines from Miami (MIA) and returned home the next day “with no issues” concerning the dog “or the dog’s bag.”

The Kiritchenkos contend that the “cruel humiliation” from JetBlue led to health problems including the return of Oksana’s cancer:

“Both plaintiffs were subjected to an unexplainable level of cruel humiliation and ridicule. Additionally, Mr. Kiritchenko had experienced a prolonged period of pain in his spine and limited mobility following his forced extended standing at the Jetblue kiosk. Mrs. Kiritchenko, although a Stage-4 cancer patient, had been in remission prior the events described hereinabove. Those events caused Mrs. Kiritchenko an extreme amount of stress. Upon arrival home, she checked in to Cedars-Sinai Medical Center hospital in Los Angeles. The test results had shown the mean tumor molecules levers (“MTM/ml”) had risen to 0.59. Several prior tests were showing test results at 0.00.”

Their lawsuit was filed in federal court by Aleksandr Volkov, who wrongly claims they were denied transport in violation of the Americans with Disabilities Act (ADA) even though it is the Air Carrier Access Act (ACAA) that governs this matter.

As I mentioned above, the dog is referred to as a service animal and emotional support animal in the complaint. It seems the Kiritchenkos filled out the attestation form saying that their dog was a “service animal” but treated it (by putting it in a bag) and referred to it as an “emotional service animal.” Such dogs are not permitted in Mint Business Class on JetBlue.

“We know how much you love to spoil your pet, but they’re not allowed in Mint.”

So to me, what this lawsuit exposes is fraud on the part of the Kiritchenkos and nothing else. Yes, when you commit fraud you sometimes get away with it (i.e. their outbound journey), but “emotional support animals” should not be confused with “service animals” and do not enjoy the protection under federal law that service animals do.

I wish all the best to Oksana Kiritchenko as she fights her cancer, but I’m fairly confident that this lawsuit will be barked out of court…

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