Originally Posted by
dilanesp
This is an incorrect reading of the statute. If Delta were hypothetically sued, the 48 hour requirement would be upheld unless it were found to be unreasonable, because even with bona fide disabilities, the statute requires only reasonable accomodations, and there are good reasons for an advance notice requirement.
Fair enough, and I'm by no means a legal expert, but could you explain how/where I'm reading it incorrectly? Seems pretty clear:
§382.27 May a carrier require a passenger with a disability to provide advance notice in order to obtain certain specific services in connection with a flight?
(a) Except as provided in paragraph (b) of this section and §382.133(e)(4) and (5) and (f)(5) and (6), as a carrier you must not require a passenger with a disability to provide advance notice in order to obtain services or accommodations required by this part.
The only reference to service animals is:
(8) Transportation of an emotional support or psychiatric service animal in the cabin;
(9) Transportation of a service animal on a flight segment scheduled to take 8 hours or more;
It seems clear that for an ESA or psychiatric service animals that the airline can require advance notice. Or if it's a flight over 8 hours, then service animals are also included. But nothing seems to indicate that a service animal on a flight under 8 hours can require advanced notice.