• Home
  • Reviews
    • Flight Reviews
    • Hotel Reviews
    • Lounge Reviews
    • Trip Reports
  • About
    • Press
  • Contact
  • Privacy
  • Award Expert
Live and Let's Fly
  • Home
  • Reviews
    • Flight Reviews
    • Hotel Reviews
    • Lounge Reviews
    • Trip Reports
  • About
    • Press
  • Contact
  • Privacy
  • Award Expert
Home  >  News • US Airways  >  US Airways Tells Man He is too Disabled to Fly Alone
NewsUS Airways

US Airways Tells Man He is too Disabled to Fly Alone

Matthew Klint Posted onOctober 18, 2010 1 Comment

To sum up the story: a 47 year old man with cerebral palsy who uses a wheelchair to get around was told by US Airways that he was "too disabled to fly alone" on a PBI-MCI flight last month. In a statement issued after the fact, US Airways framed the incident as a safety issue, stating that company policy requires passengers with severe mobility impairments to travel with someone who is able to assist them in evacuating the aircraft should an emergency occur.

The unresolved question is whether US Airways broke the law. The Air Carrier Access Act genre rally prohibits passenger discrimination on the basis of disability. But it also states that an airline may require a disabled passenger to be accompanied by an attendant if that person has a "mobility impairment so severe that the individual is unable to assist in his or her own evacuation from the aircraft." (49 U.S.C. 41705). This may apply here. I think Johnnie Tuitel, the disabled passenger who claims to have flown about 500,000 miles over his lifetime, knew this and that’s why he told CNN, "They basically told me I was too disabled to fly and I had to fly with a companion and I had to purchase that companion’s ticket." (emphasis mine).

The ACAA also states, though the language is a bit vague, that if a passenger contends that he can assist in his evacuation during an in-flight emergency, the carrier may disagree and require the passenger to travel with an attendant, but the carrier cannot charge for the transportation of the attendant. Thus, the question remains whether US Air broke the law by throwing off Mr. Tuitel despite his assurances he would not be helpless during an emergency, while not offering to fly a companion for free. (BTW, are you thinking what I’m thinking?)

I conclude that US Airways was legally permitted to deny passage to Tuitel without a companion, but probably acted too hastily. They should have properly ascertained whether he was able to assist in his evacuation (whatever that means…) if an emergency arose rather than hastily kicking him off the plane. They also should have informed him of his right to travel with an attendant at no extra charge.

What are your thoughts? Below is Mr. Tuitel’s interview with CNN. 

Previous Article Contrasting United and Lufthansa: Accommodation vs. Competence
Next Article ExpressJet Pilot Faces Job Termination for Refusing to Walk Through TSA Nude-O-Scope

About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

Related Posts

  • Delta A350-900 LAX

    Delta Adds More Transpacific Service From LAX

    September 22, 2023
  • Delta 767-300 Azores Diversion

    Delta Air Lines 767-300 Diverts To Remote Atlantic Island, Prompting Outrage In Ghana

    September 19, 2023
  • Cyberattack MGM Las Vegas

    Cyberattacks Paralyze Las Vegas Casinos

    September 19, 2023

1 Comment

  1. mark skeldon Reply
    January 25, 2012 at 2:16 am

    You raise an interesting statutory interpretation question here. Sorry for responding so long after the fact, but for the sake of argument let’s say that US Airways did violate the law here. In that instance you would think that Johnnie could file a law suit against the airlines for discriminating against him due to his disability. You would be wrong. According to three federal courts of appeal the Air Carriers Access Act does not provide a private right of action whereby individuals can sue for discrimination.

    Please read the link below for information about a project that Johnnie and I are working on to raise awareness about this issue.

    http://www.toledofreepress.com/2012/01/20/toledo-attorney-leading-effort-to-amend-law-that-keeps-disabled-from-suing-airlines/

Leave a Reply

Cancel reply

Search

Hot Deals for September

Note: Please see my Advertiser Disclosure

Capital One Venture X Business Card
Earn 150,000 Miles Sign Up Bonus
Chase Sapphire Preferred® Card
Earn 60,000 Points
Capital One Venture X Rewards Credit Card
Capital One Venture X Rewards Credit Card
Earn 75,000 Miles!
Capital One Venture Rewards Credit Card
Capital One Venture Rewards Credit Card
Earn 75,000 Miles
Chase Ink Business Unlimited® Credit Card
Earn $750 Cash Back
The Business Platinum Card® from American Express
The Business Platinum Card® from American Express
Earn 120,000 Membership Reward® Points

Recent Posts

  • Passenger Steals Business Class
    Woman Pilfers Plates, Glasses, Headphones, Blanket From Business Class September 25, 2023
  • Lufthansa Panorma Lounge Review
    Review: Lufthansa Panorama Lounge Frankfurt (FRA) September 25, 2023
  • Hyatt Place Frankfurt Airport Review
    Review: Hyatt Place Frankfurt Airport September 25, 2023
  • Child Trafficking American Airlines
    Another False Accusation Of Child Trafficking On American Airlines September 25, 2023

Categories

Popular Posts

  • Dine And Dash Shame
    Genius: Florida Restaurant Owner Shames “Dine And Dash” Customers September 6, 2023
  • Pervert American Airlines Flight Attendant
    Update: Teenage Girl Found Hidden Camera On American Airlines Aircraft Toilet (Photo) September 18, 2023
  • British Airways Galleries Lounge South London LHR Review
    Review: British Airways Galleries Lounge South – London (LHR – T5) September 2, 2023
  • Rumor: United Airlines Will Debut New 787 Polaris Business Class Seat This Month September 7, 2023

Archives

September 2023
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930  
« Aug    

As seen on:

facebook twitter instagram rss

Privacy Policy

© Live and Let's Fly All Rights Reserved.
Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Live and Let's Fly with appropriate and specific directions to the original content.