Originally Posted by
justhere
WN would have to get DOT approval to do that. I would imagine that as open seating is already covered by the DOT regulations that the DOT might not approve what would in essence be a takeaway from the ACA. So to answer your question in a nutshell, WN cannot do what you suggest because it would be illegal.
Yes, this one is directly from the FARs (emphasis is my own):
14 CFR § 382.85 (b)
What seating accommodations must carriers make to passengers in circumstances not covered by § 382.81 (a) through (d)?
As a carrier, you must provide the following seating accommodations to a passenger who self-identifies as having a disability other than one in the four categories listed in § 382.81 (a) through (d) of this part and as needing a seat assignment accommodation in order to readily access and use the carrier's air transportation services:
(b) On flights where advance seat assignments are not offered,
you must provide seating accommodations under this section by allowing passengers to board the aircraft before other passengers, including other “preboarded” passengers, so that the individuals needing seating accommodations can select seats that best meet their needs.