Our Experiences
This post is a complicated one to write as we are in the midst of attempting to file claims and pursue legal action against those that may have been involved in the failures of disability services to protect Diana and get her to her gate on the leg of her trip from the US. It is important to note that her disability services experience at the Frankfurt layover was fantastic. They were helpful, polite, and had very accessible transportation. A completely distinct experience from what she had at the US airport.
In the US, Diana was abandoned at one of those airline clubs, not near her gate, and the disability agent never returned, she was then forced to rush herself to the gate without any assistance, in fact she had to endure misdirection as well. Among the reasons Diana requested assistance was mobility issues. We have attempted to obtain the video documentation, but have been thwarted by their complaints of security issues and lack of staff to review the footage. The reality is more likely that they also want to complicate a lawsuit, requiring us to speed up finding a lawyer willing to take the case. It seems only a lawyer can force their hand, before they erase the footage, which hopefully they haven’t already. As it is a challenge to sue airlines in the US, finding a lawyer has been difficult.
Legal Precedent for Suing Airlines in Relation to Failures of Disability Services
We have found 1 case, so far, in Washington State where a woman died from her injuries when Alaska Air failed to provide disability services. The family was awarded $3.19 million after a jury found Alaska Air to be 90% at fault, following a 3 year legal battle where Alaska Air argued that it was the families fault for not travelling with her, completely disregarding the victim’s rights under the Air Access Carrier Act. Here is a news article, and below is the legal complaint filed.
How Do Disability Services in the US work?
Inconsistently is the best answer. Since the US forces the airline to handle the required disability services individually they tend to vary in quality and effectiveness from airline to airline, and airport to airport. You must contact the airline to reserve disability services. Most frequently airlines farm out the job to contractors, whom they regularly blame for failings. These contractors typically pay the disability agents that are there to support the travelers a tip wage. Which is to say below minimum wage, which is why many expect tips from the passenger. We will cover tipping below.
It is best if you request disability services at the time you purchase the ticket, or before the day of the flight, though you can request one at the check-in if needed. Getting to your flight at least 2 hours early is recommended as there can be delays in getting mobility aids, like wheelchairs. Be very clear on the traveler’s needs, and prepare for the obstacles. Some airports, such as those in New York, have a sunflower lanyard available for those with hidden disabilities, this is a cue for disability services and the TSA to better understand the situation. This can be very helpful for people with Autism, TBI, or other issues that impact communication. Especially as there are many horror stories of overly aggressive TSA agents, that are poorly trained on disability rights, humiliating passengers, and destroying their medical equipment and medicine. The posts we have gathered in our disability services resources go into greater detail about some of these issues.
Additional Obstacles and How to Handle Them:
- Going to the bathroom before your trip to the airport.
- The disability agent is required by law to get you to a bathroom, however, this doesn’t always happen, and if you have special needs they are often ill-equipped to provide them.
- Currently, airlines do not have bathrooms big enough for wheel chairs.
- Bring food with you in your carry on, as they are not required to take you to get food, fill your water bottle, or get a drink.
- The wheelchairs are typically very basic, and have no place to put luggage. You must use theirs, as they require wheelchairs to be checked.
- Which means the traveler ends up having to carry their luggage on their lap. Depending on their medical needs, this can be quite inconvenient. Try to pack in a manner that allows this to be as comfortable as possible.
- About 29 wheelchairs and scooters a day are destroyed by airlines. Although the USDOT is pursuing changes to regulations that better design aircraft for disabilities, they have yet to be implemented.
- Inform the airline and disability agent of any medication or special equipment that needs to be handled with specific care, and contact TSA Cares to get better care from their officers.
- There have been instances where the TSA, acting against legal protocol, have destroyed equipment and medicine, by ignoring the warnings from the passenger.
- Travelers requiring special accommodations or concerned about the security screening process at the airport may ask a TSA officer or supervisor for a passenger support specialist who can provide on-the-spot assistance.
- TSA offers screening information and assistance to travelers upon request through TSA Cares at (855) 787-2227
- Try to organize your baggage in such a way that is easy to point out what needs to be carefully handled, or manually scanned, or cannot go through the radiation of an X-Ray.
- Tipping the Disability agents. Many agents, but not all, expect a tip as they are paid a tip wage, below minimum
- These can range from $2-5 for getting to the gate, and $5-10 if they help you with your luggage, wait with you, or go above and beyond in your care.
- Some may decline it, as wages are dependent on the airlines. A few get properly paid where others do not, putting the burden of support on the tips from disabled passengers for this generally free service.
- Bring small denominations of cash to allow for this, as there is no contemporary digital method available for tipping.
Conclusion
Prior to the Air Carrier Access Act passing in 1986, there was no support for disabled passengers, thus many couldn’t fly at all. We can be simultaneously grateful for the advances in rights, and critical of the ongoing failures. Know your rights, the Airline Passengers with Disabilities Bill of Rights is a good resource. With preparation, and a little luck you can still travel safely. The system’s success do outnumber their failings, though that is of little comfort to those who have had loved ones hurt or lost. Travel safely!