Legal Rights of Persons With Disabilities - Ossh.com

2. Airports
Airport facilities are covered under the ADA (42 U.S.C. ' 12181(7)(G)) and, if they receive federal
funding, the Rehabilitation Act. (29 U.S.C. ' 794.) This means that airports must provide access to
individuals with disabilities under the same rules that apply to all public accommodations. Airports
operated by public entities are subject to the ADA accessibility regulations for government services and
programs.
New terminals must be accessible. Placement of elevators and other similar devices should
minimize any extra distance persons in wheelchairs must travel. Persons with disabilities must be able to
use the main ticketing, fare collection, baggage check-in and retrieval areas and inter-terminal
transportation systems. Airport operators must provide adequate assistance in boarding and deplaning, with
certain exceptions. (14 C.F.R. ' 382.23; 49 C.F.R. ' 27.1 et seq.)
Airport terminal information systems must accommodate the needs of persons with vision and
hearing impairments by providing information both visually and orally. Service animals may accompany
their owners. (49 C.F.R. ' 37.167(d).) At least one clearly marked telephone with a volume control or
sound booster device must be available for persons wearing hearing aids, and sufficient telecommunications
devices (TTY) must be available to permit persons with hearing impairments to communicate with airport
personnel. Clocks must be visible to persons with vision impairments.
In addition, parking areas, loading zones, waiting areas, and public services must be accessible.
(49 C.F.R. ' 27.71 et seq.; see the Americans with Disabilities Act Accessibility Guidelines, including
section 10.4 concerning airport facilities, Appendix A to 49 C.F.R. ' 37.)
3. Services and Reservations
All air carriers are prohibited from discriminating against, denying services to, or providing
separate or different services to any otherwise qualified person with a disability. (14 C.F.R. '' 382.5,
382.7 and 382.31.)
An air carrier may not require a person with a disability to be accompanied by an attendant, except
under limited circumstances when a carrier determines that an attendant is essential for safety.
Circumstances where a carrier may require an attendant to accompany an individual with a disability
include: (1) where an individual is traveling in a stretcher or incubator; (2) where an individual with mental
disabilities is unable to comprehend or to respond to safety instructions; (3) where an individual with severe
mobility disabilities is unable to assist in his evacuation of the aircraft; or (4) where an individual with both
severe hearing and vision impairments cannot establish some means of communication with carrier
personnel adequate enough to permit transmission of safety information. (14 C.F.R. ' 382.35(b).)
The need for minor assistance is not enough to require an attendant. A carrier may not refuse to
transport an individual, traveling without an attendant, on the basis that the individual cannot feed himself
or herself, if the individual elects not to eat during the flight. In addition, a concern by the carrier that
assistance may be needed to allow an individual with a disability to use inaccessible lavatory facilities, or
may otherwise need extensive special assistance for personal needs, is not a basis
35