Disability Travel - Question about priority seat assignment vs disabilty seating.

Last week on a US airways flight from LAX, I had the misfortune to witness what I think might be the mistreatment of a fellow passenger by the airline.

The passenger is a blind man traveling solo with a seeing-eye dog (German Sheppard) and was given a seat in the row behind the bulkhead seats that he should've(?) had. His dog was made to squeeze itself in the space under the 2 seat in next to him (i.e. in the legroom of 2 other passengers). The plane was an A321 with 2 rows of 3 on either side of the aircraft. For this layout, there is only under-the-seat-legroom for 2 of the 3 seats because of the entertainment electronics under the left seats for both sides of the plane. So the poor man seated in the aisle seat on the right side of the plane not only had no legroom, his dog had to lie in the legroom of the two people that were not traveling with him.

My question is whether he should have priority to the bulkhead seats because of his disability and his specific needs for his guide dog. & can airlines move him to a different seat just because they wanted to sell his "premium extra leg-room" seat to another passenger who may or may not have status?

The 3 bulkhead seats in the row in front of him seemed to be taken by a lady with a cane and 1 or 2 companions (not sure if the second one was with her). However, the 3 other bulkhead seats were taken by 3 passengers who paid the extra fee to be seated in seats with extra legroom. (I overheard them talk about it)

Based on his reaction when he was seated with his dog, he was slightly confused as to why he was not in the bulkhead as confirmed on his reservation. He seemed to be extremely good-natured when his questions fell on the deaf ears of the FA and just tried to make himself, his dog and the 2 passengers next to him as comfortable as possible.

There seems to be a widespread belief that airlines are required by law to seat certain passengers in the bulkhead seats. This isn't the case. The Air Carrier Access Act requires only that a service dog be "accommodated". Individual airlines may have policies that service dogs are always accommodated in the bulkhead row, but I don't know that US Airways has such a policy.

Here is the relevant portion of the ACAA:

(c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage.

So I'd say that US Airways should have reseated the passenger and his dog, but not that they were required to if in the airline's view it was ok for the dog to take up that space.

Thanks Katja for clearing things up in regards to what the law actually states.

It's sad when there should be a law to prevent one person/company from bullying another who cannot defend himself. I doubt that the airline would've switched seats on him if he was not blind because then he could see upon check-in that the seat printed on his boarding pass was not the one on his confirmation. He also would not have a dog nor have the threat of his dog being put in cargo last-minute.

The fact that the airline seemed to have sold his confirmed seat on him (did they even give him the option to pay for the bulkhead/did he already pay for the bulkhead?) is despicable.

What if the two other passengers seated next to him, but not traveling with him, had complained about the lack of legroom/intrusion of their personal space? Would the seeing-eye dog be then sent to cargo?

I felt sorry for the dog too, being pretzeld in like that.

:td: US Airways :td:

Thanks Katja for clearing things up in regards to what the law actually states.

It's sad when there should be a law to prevent one person/company from bullying another who cannot defend himself. I doubt that the airline would've switched seats on him if he was not blind because then he could see upon check-in that the seat printed on his boarding pass was not the one on his confirmation. He also would not have a dog nor have the threat of his dog being put in cargo last-minute.

The fact that the airline seemed to have sold his confirmed seat on him (did they even give him the option to pay for the bulkhead/did he already pay for the bulkhead?) is despicable.

What if the two other passengers seated next to him, but not traveling with him, had complained about the lack of legroom/intrusion of their personal space? Would the seeing-eye dog be then sent to cargo?

I felt sorry for the dog too, being pretzeld in like that.

:td: US Airways :td:

It's very unfortunate but people who are obviously blind are taken advantage of in many situations. This was a sad situation that could have been averted. I think it was sad especially because the man was good natured and not demanding.

Bobette

The bulkhead as well as the first few rows behind it are all considered "choice" seats and are charged a small premium for people that want to sit close to the front of the airplane for various reasons. The people seated in the bulkhead would have paid the same extra $$ for the row the gentleman with the dog was seated so the airline wasn't getting any extra money for the seats. FWIW, the bulkhead seats on the A321 aren't very roomy at all. Not much more if any more room than the row behind it. The only big difference is that there is no partition or seats in front of it. I've seen service dogs there before and they were pretty cramped.

What if the two other passengers seated next to him, but not traveling with him, had complained about the lack of legroom/intrusion of their personal space? Would the seeing-eye dog be then sent to cargo?

I felt sorry for the dog too, being pretzeld in like that.One thing the airline can't do is force the service animal, especially a guide dog for a blind person, into the cargo hold. First, I doubt the man had an acceptable crate with him if he expected the dog to ride at his feet. More importantly, there are laws, however little the airlines respect them, that specifically allow the dog in the cabin.

There seems to be a widespread belief that airlines are required by law to seat certain passengers in the bulkhead seats. This isn't the case. The Air Carrier Access Act requires only that a service dog be "accommodated". Individual airlines may have policies that service dogs are always accommodated in the bulkhead row, but I don't know that US Airways has such a policy.

Here is the relevant portion of the ACAA:



So I'd say that US Airways should have reseated the passenger and his dog, but not that they were required to if in the airline's view it was ok for the dog to take up that space.


Actually Katja, you are incorrect. DOT Part 382, specifically 382.81 (c), states:

For a passenger with a disability traveling with a service animal, you must provide, as the passenger requests, either a bulkhead seat or a seat other than a bulkhead seat.

Based on that, airlines must provide a bulk head seat if the customer chooses that seat. They are not required to provide the bulk head seat if a customer chooses to sit in a non-bulkhead seat. Many seeing eye dogs are trained to "curl up" under the seat and prefer to be in a non-bulkhead seat. In the case mentioned above, USAir was certainly incorrect if they denied the opportunity to the customer with the disability to sit in the bulk-head seat with his service animal.

Thanks for the correction, HardyFlyer!

As a pitiful defense of my response, I'll just point out the "as the passenger requests" wording, and the fact that it is about service animals, not all disabilities. :-)

And welcome to FlyerTalk!

One of my friends who uses a guide dog and travels a great deal specifically requested a small dog when she had to retire her long time guide. A smaller dog because she is both a small, light weight woman and the issues of her frequent air travel.

She says her current dog is a much better and happy traveler and jokes that he is carry on size.

This dog is not tiny but is about 20% smaller than her previous guide.

She says that she prefers the 2nd row to the bulkhead as her dog can get comfortable and quiet in front of her when she is in an aisle seat.

She is perfectly willing to speak for herself if she feels things aren't right. She just doesn't sit down and shut up.

Referencing the unfortunate experience of the blind man and his German Shepard Service Dog, I have an equally bad experience with DL. Not meaning to prove one-upmanship, this is just a reminder as to how low an airline can go to make disabled passengers, with Service Dogs, regret their choice of airlines:

Last May, returning from my fathers' funeral in Ithaca, NY, my itinerary was ITH DTW LAX KOA. Unfortunately, the pilot could not be found, and a substitute had to be called. Now 90 minutes late, I had already missed my connection in DTW, and I managed to find the DL Customer Counter. They said there were no seats to LAX, and my whole trip was booked in Business/First. They sent me to the counter where the next flight was to leave for LAX. The woman Agent behind the counter unfortunately did not want to be at work that day, and because booking B/F on the Internet, I was booked in P Class. The DL Agent said she could not put me in B/F because the "P Class" was a "privilage", and therefore not eligible for B/F! She indicated I was not "privilaged", and therefore she would place me in the bulkhead of Y......stating there was plenty of room for my DOG to lay down. With that being the only option, I had to accept the seat.

Upon entering the plane, I found there was a solid wall between economy and B/F, making the space an incredible tight 18" from the front of the seat to the wall. My Service Dog curled himself up as much as possible, and I had nowhere to put my legs and feet. Flying crunched up as such was excruchiating, and because I have MS, the danger of forming blood clots was high on the list.

Reaching LAX, I had to get to the AA counter to try to catch their flight to KOA. The Agents were outraged that DL would have allowed such treatment, and AA placed me in B/F as stated on the tkt. Apparently, AA thought I was "Privilaged" enough to ride in the appropriate Class, and I thank them very much for their compassion, attitude, and helpfulness.

Just yesterday on a DL ATL>GNV route (CRJ200) a woman with a large German Shepherd service dog "in training" (meaning she was a dog trainer, not a disabled person) arrived at the gate in ATL about 10 minutes before boarding started. She told the GA that she had a service dog, and required a vacant seat so the dog could lie on the floor at her feet.

The GA called a red vest, who informed her that it was a full flight, and that the only way for her to guarantee an empty seat was to purchase it, and it was too late for that on this flight. This woman then told him very matter of factly that it was THE LAW to provide accommodations for her dog.

So does this dog trainer have the law on her side? Or only a bona-fide disabled person traveling with a service animal? And even then could the disabled person demand a paying PAX lose his seat so the dog could lay on the floor without being under someones' feet?

It ended up being a moot point because some people missed their connection because of yesterday's ATL weather, but it's still a curious question.

Here is what is in the ACAA:

(c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see § 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage.

and

(a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight.

(1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal.

(2) Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

(3) In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling with animals outside the continental United States with the carrier, including those traveling with service animals.


As a Not-A-Lawyer, it looks like the handler has to be a qualified person with a disability.

Full text: http://airconsumer.ost.dot.gov/rules/382short.pdf

As a Not-A-Lawyer, it looks like the handler has to be a qualified person with a disability.

Full text: http://airconsumer.ost.dot.gov/rules/382short.pdf

+1 - the person must be a qualified person with a disability is what it says. Of course, there are all kinds of claims of disability that seem to be false. If they claimed that then what can the airline do?

Well, let's go look it up:

Qualified individual with a disability means a individual with a disability who --
(a) With respect to accompanying or meeting a traveler, use of ground transportation, using terminal facilities, or obtaining information about schedules, fares or policies, takes those actions necessary to avail himself or herself of facilities or services offered by an air carrier to the general public, with reasonable accommodations, as needed, provided by the carrier;
(b) With respect to obtaining a ticket for air transportation on an air carrier, offers, or makes a good faith attempt to offer, to purchase or otherwise validly to obtain such a ticket;
(c) With respect to obtaining air transportation, or other services or accommodations required by this part:
(1) Purchases or possesses a valid ticket for air transportation on an air carrier and presents himself or herself at the airport for the purpose of traveling on the flight for which the ticket has been purchased or obtained; and
(2) Meets reasonable, nondiscriminatory contract of carriage requirements applicable to all passengers;



And since "qualified individual with a disability" is defined in terms of an "individual with a disability":

Individual with a disability means any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase:
(a) Physical or mental impairment means:
(1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardio-vascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or
(2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction, and alcoholism.
(b) Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(c) Has a record of such impairment means has a history of, or has been classified, or misclassified, as having a mental or physical impairment that substantially limits one or more major life activities.
(d) Is regarded as having an impairment means:
(1) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by an air carrier as constituting such a limitation;
(2) Has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward such an impairment; or
(3) Has none of the impairments set forth in this definition but is treated by an air carrier as having such an impairment.

Well, let's go look it up:



And since "qualified individual with a disability" is defined in terms of an "individual with a disability":

I'm not a lawyer, but those definitions seem to leave a huge loophole. I guess, though, that that is necessary. I mean that I certainly do not want to have to get a doctor's note every time I want to fly (I actually had to do that once on LH). We just have to put up with the abuse of the system I guess.

In my f/a manual it specifically says service animals in training may be carried if specific criteria are met. If their future owner is someone that travels by air on a frequent basis I can see the importance of including air travel as part of their training. I've carried dogs in training several times but never had a trainer insist on 2 seats.

Didn't think of that. That's a good point GalleyWench! Thanks for posting that. ^

I'm not a lawyer, but those definitions seem to leave a huge loophole. I guess, though, that that is necessary. I mean that I certainly do not want to have to get a doctor's note every time I want to fly (I actually had to do that once on LH). We just have to put up with the abuse of the system I guess.

I think a certain amount of flexibility IS necessary. And a system requiring doctor's notes is just as open to abuse as the system we have now (but more time-consuming and expensive).

A certain level of official documentation is required to utilize a handicap-accessible placarded parking space at the airport; perhaps a copy of the same would be in order for special accommodation on the aircraft.

A lady I was standing with at the gate when the dog trainer was working on getting her seat indicated that the "service dog" vest and harness are available online, and that she knows of someone that uses one to gain special privileges for her pet- sans legitimate disability.

A certain level of official documentation is required to utilize a handicap-accessible placarded parking space at the airport; perhaps a copy of the same would be in order for special accommodation on the aircraft.

A lady I was standing with at the gate when the dog trainer was working on getting her seat indicated that the "service dog" vest and harness are available online, and that she knows of someone that uses one to gain special privileges for her pet- sans legitimate disability.

Are you aware that handicap parking documentation is not preventing abuse of the privilege at all? How are we suppose to prove we are legitimately disabled to the airlines? I'm sure you understand since you just gave a great example.