Legal Rights of Persons With Disabilities - Ossh.com

passengers who are disabled or elderly may not exceed one-half of the regular peak-hour fares.
(49 C.F.R. ' 609.23)
g. Enforcement
If you feel that you have been discriminated against by private or public entities providing
transportation services, then the following options are available. First, under the ADA, you always have the
right to bring a private lawsuit against the offending party, whether it be a government agency or a private
entity. If you decide to bring a lawsuit there is no requirement that you exhaust administrative remedies
first and you may bring suit at any time - even if you are already involved in the administrative complaint
process. You may also file a complaint with the United States Attorney General. You may also file a
complaint with the Department of Transportation's Office of Civil Rights, which will investigate your
complaint and take the appropriate action. If the Department of Transportation deems it appropriate, it will
refer your case to the Attorney General for enforcement in court. (42 U.S.C. ' 12188; 49 C.F.R. '' 27.11
and 37.11; 28 C.F.R. ' 36.501-36.508.)
C. Air Travel
1. General Law
The nondiscrimination mandate of section 504 of the Rehabilitation Act has been held by the U.S.
Supreme Court not to apply to airlines which do not receive direct federal financial assistance. (United
States Dept. of Transp. v. Paralyzed Veterans of America (1986) 477 U.S. 597.) Unlike mass transit, most
airlines are not recipients of direct federal subsidies. The ADA does not apply to aircraft. (42 U.S.C. ''
12141(2) and 12181(10).) Nonetheless, all air carriers and commuter carriers, regardless of whether or not
they receive federal assistance, must comply with certain nondiscrimination laws and regulations. To
assure that airlines do not discriminate against airline passengers, Congress enacted the Air Carriers Access
Act of 1986. The Act prohibits air carriers, including foreign air carriers, from discriminating against
persons with disabilities when they are otherwise qualified to use air transit. (49 U.S.C. ' 41705.) Also,
the ADA and the Rehabilitation Act still apply to services and accommodations provided by airlines and
airports on the ground. (See section 2, infra.)
All airlines are prohibited from discriminating against an individual based on a disability.
Disability is defined as: (1) a physical or mental impairment that substantially limits one or more major life
activities; (2) a record of such an impairment; or (3) being regarded as having such an impairment. An
airline has discretion as to whom it will carry, but it may not arbitrarily decide to exclude individuals based
on disability, and any decision to exclude a passenger must be based upon legitimate safety considerations.
(Adamson v. American Airlines (1982) 457 N.Y.S.2d 771, cert. denied (1983) 463 U.S. 1209.)
Service animals can accompany persons with disabilities. They may accompany the person in his
or her seat unless that would block an aisle or emergency evacuation route. If that is the case, the carrier
shall offer to move the passenger with the animal to another seat location. (14 C.F.R.
'' 382.37 and 382.55.)
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