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AA DFW GA initially denied boarding because of medically indicated pillow

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AA DFW GA initially denied boarding because of medically indicated pillow

 
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Old Sep 8, 2009, 8:49 pm
  #1  
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AA DFW GA initially denied boarding because of medically indicated pillow

Original thread title: Partial disability denied boarding because of pillow

I am 62, EXP with a chronic back condition that requires constant lumbar support while flying. I carry small pillow in a sack similar to brown grocery sack 6" high with twine handle. I have a letter from doctor detailing back condition and lumbar support necessity. I have a light carry on and light computer case. The computer case and pillow twine fit on carry on hook. I always let the gate agent know the reason for the pillow and offer doctor's letter. Never a problem until 9/5/09 at DFW when gate supervisor denied boarding because of pillow and sack. She would not look at doctor's letter(I was flying FC paid ticket)said too bad "you are not getting on MY plane with 3rd piece disabled or not" I fly enough that I have already made EXP for next year, always FC because of my back. My question is has any other person with a disability been treated in this manner? Below should be 2mm on profile

Last edited by JDiver; Sep 9, 2009 at 6:35 am Reason: inserted original post title after editing same
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Old Sep 8, 2009, 9:00 pm
  #2  
 
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So, were you denied boarding and missed your flight, or what was the outcome?

AA does allow some medical devices which do not count toward the carry-on allowance. These are listed on aa.com: "Assistive devices for passengers such as wheelchairs, walkers and CPAP machines."

However, I don't see lumbar pillows with a doctor's note on the list.

If the pillow is small, as you say, why couldn't it be combined with another carry-on to avoid any questions?
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Old Sep 8, 2009, 9:26 pm
  #3  
 
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Originally Posted by videomaker
If the pillow is small, as you say, why couldn't it be combined with another carry-on to avoid any questions?
+1

Perhaps there is more to the story?
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Old Sep 8, 2009, 9:31 pm
  #4  
 
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I would write a polite letter to AA corporate (the address can be found elsewhere on FT) outlining the situation. I would include the name of the GA if you happened to get it. Make it clear that you find AA's conduct unacceptable, and are willing to escalate to a formal complaint under the Air Carrier Access Act.

It's an oversimplification, perhaps, but the law basically says that the airline is required to accommodate your disability. Allowing you to bring a lumbar pillow on-board is not a significant accommodation.

Also, the supervisor should not have denied you boarding in any event -- even if you weren't disabled. Procedure for three carry-ons (AFAIK) is to make you gate-check one of them; I've seen this happen several times recently.

Some people (the supervising GA) are just jerks...

Last edited by ldpeters; Sep 8, 2009 at 9:38 pm
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Old Sep 8, 2009, 9:39 pm
  #5  
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Originally Posted by ldpeters
I would write a polite letter to AA corporate (the address can be found elsewhere on FT) outlining the situation. I would include the name of the GA if you happened to get it. Make it clear that you find AA's conduct unacceptable, and are willing to escalate to a formal complaint under Title III of the ADA if necessary.

It's an oversimplification, perhaps, but the law basically says that the airline is required to accommodate your disability. Allowing you to bring a lumbar pillow on-board is not a significant accommodation.
The ADA does not apply in this situation. Discrimination by air carriers in areas other than employment is not covered by the ADA, but rather, by the Air Carrier Access Act (ACAA).

Dunno whether the ACAA requires that airlines permit the accommodation requested by the OP.
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Old Sep 8, 2009, 9:43 pm
  #6  
brp
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Legally, AA may even have a leg to stand on the way laws are written these days.

That aside, it was a bush league move on the part of the GA, even if they do have legal backing. You're not going to use overhead space with the pillow.

I also suggest writing to AA about this, but I would exclude the legal escalation part. I think they'll realize that this was not an appropriate response from the GA.

Cheers.
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Old Sep 8, 2009, 9:49 pm
  #7  
 
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I do not see where in the OPs post the DB was due to the pillow. The OP had several choices to comply.

1) Check the carryon
2) condense the baggage
3) ditch the smaller carried item
4) wear the pillow

I think the OP was pushing it to elicit a reaction. It must be a pain to travel with a lumbar pillow but, in no way did they deny you boarding because of the pillow itself. they denied you boarding because you exceeded the published and usually announced limit.

In retrospect this story sounds like the logic riddle of the Fox, the Chicken, and the bag of seed and the boat that not carry all of them at once.
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Old Sep 8, 2009, 9:49 pm
  #8  
 
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Again, there must be more to this story......

Doesn't seem like AA personnel would purposely deny boarding (pretty strong message there) to a first class passenger...EXP and presumably one of AA's "best customers"....when, as mentioned previously, one bag could have been gate checked. Maybe this option was offered and refused. I'd like to hear the whole story.....well, maybe not There's always the possibility the GA was having a bad day...we've seen and heard it before.

Personally, I wouldn't have brought up the subject of the extra item if I wasn't questioned regarding same.
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Old Sep 8, 2009, 9:51 pm
  #9  
 
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Originally Posted by FWAAA
The ADA does not apply in this situation. Discrimination by air carriers in areas other than employment is not covered by the ADA, but rather, by the Air Carrier Access Act (ACAA).

Dunno whether the ACAA requires that airlines permit the accommodation requested by the OP.
It's unclear that the ADA doesn't apply, in spite of the plain language of the statute. Recent caselaw has indicated otherwise: http://www.callsam.com/bernstein-med...-to-ada-rules; I could probably find the cite of the actual opinion if I were so inclined.

But -- I just read the ACAA (it's short) and the relevant sections of the DOT rules (they're longer). My read of the rules is that AA is required not to count the pillow towards his carry-on allowance, provided he has adequate documentation of the disability (the doctor's note should suffice). See 382.41(d) of the rules; they can be found here: http://www.access.gpo.gov/nara/cfr/w...cfr382_99.html
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Old Sep 8, 2009, 9:55 pm
  #10  
 
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Originally Posted by FWAAA
The ADA does not apply in this situation. Discrimination by air carriers in areas other than employment is not covered by the ADA, but rather, by the Air Carrier Access Act (ACAA).
Actually a federal judge ruled fairly recently that airlines can be sued for not following ADA. About a year ago if I remember correctly. I believe the suit was filed against NWA.
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Old Sep 8, 2009, 9:56 pm
  #11  
brp
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Originally Posted by shadesofgrey1x
4) wear the pillow

I think the OP was pushing it to elicit a reaction. It must be a pain to travel with a lumbar pillow but, in no way did they deny you boarding because of the pillow itself. they denied you boarding because you exceeded the published and usually announced limit.
I have a down jacket the stuffs into a little bag. Probably about the size of a small pillow. If stuffed into the bag, I might get this same reaction. If open, with the bag stuffed into the pocket, I can carry it on. It's the same item either way.

And my case is not for a disability.

There are times when a rule does not have to be hard and fast. After all, what's the reason for this one- to conserve storage space. But this pillow will not use any space.

I still say "bad move, GA." Assuming, of course, that it really was all as innocent as originally written.

Cheers.
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Old Sep 8, 2009, 10:09 pm
  #12  
 
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Originally Posted by brp
I have a down jacket the stuffs into a little bag. Probably about the size of a small pillow. If stuffed into the bag, I might get this same reaction. If open, with the bag stuffed into the pocket, I can carry it on. It's the same item either way.

And my case is not for a disability.

There are times when a rule does not have to be hard and fast. After all, what's the reason for this one- to conserve storage space. But this pillow will not use any space.

I still say "bad move, GA." Assuming, of course, that it really was all as innocent as originally written.

Cheers.
+1

Methinks it may be a cranky GA following the AA rules to the letter (2 bags only in this case) akin to the GA who was detaining me from boarding in 1st earlier this summer insisting wrongly that my bag was too big and would have be to gatechecked (the bag which fits very nicely thank you in the bag-sizer as I proceeded to show her.) AA needs to train/re-train some of these GA for common-sense courtesy, treatment of people with disabilities and also treatment of 1st class customers. Do you really want to p--- off your best customers?

If people can bring their emotional disability pets onboard, I think a lumbar pillow is allowed.
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Old Sep 8, 2009, 10:11 pm
  #13  
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Rest of story

I was allowed to stuff pillow in carry on if it did not make it too big in size. I can't carry it under my arm 2 reasons-it is a 3rd carry on and my back leans sideways(bone on bone). I approach the gate agent as a courtesy to explain the 3rd piece. I have flown 42 segments 102,842 points with 76,124 miles.Checking bags on multi segment flights is a gamble.
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Old Sep 8, 2009, 10:11 pm
  #14  
 
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Originally Posted by dalm
Again, there must be more to this story......

Doesn't seem like AA personnel would purposely deny boarding (pretty strong message there) to a first class passenger...EXP and presumably one of AA's "best customers"....when, as mentioned previously, one bag could have been gate checked. Maybe this option was offered and refused. I'd like to hear the whole story.....well, maybe not There's always the possibility the GA was having a bad day...we've seen and heard it before.
Or maybe the OP was having a bad day (not that that ever happens to an EXP )

As I re and reread the Original Post, it is failing to pass the "sniff test".

It looks like there may be an agenda here, because OP seems to be fully armed with EXPness, FC, 2 million milerness, a Doctor's letter, and an apparent unwillingness to compromise.

I also would tend to think that the gate supervisor's quote, if true, would probably be delivered at the very end of an escalating discussion, not at the front.

Just sayin'

Last edited by JDiver; Sep 9, 2009 at 6:30 am Reason: close quotes
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Old Sep 8, 2009, 10:22 pm
  #15  
 
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[QUOTE=Dallas49er;12351570]
Originally Posted by dalm
Again, there must be more to this story......

Doesn't seem like AA personnel would purposely deny boarding (pretty strong message there) to a first class passenger...EXP and presumably one of AA's "best customers"....when, as mentioned previously, one bag could have been gate checked. Maybe this option was offered and refused. I'd like to hear the whole story.....well, maybe not There's always the possibility the GA was having a bad day...we've seen and heard it before.

QUOTE]

Or maybe the OP was having a bad day (not that that ever happens to an EXP )

As I re and reread the Original Post, it is failing to pass the "sniff test".

It looks like there may be an agenda here, because OP seems to be fully armed with EXPness, FC, 2 million milerness, a Doctor's letter, and an apparent unwillingness to compromise.

I also would tend to think that the gate supervisor's quote, if true, would probably be delivered at the very end of an escalating discussion, not at the front.

Just sayin'
Yep, this looks like a set-up for an ADA complaint / lawsuit. Why would anyone walk up to a gate agent and say "Hey! I'm breaking the rules! Here's my doctor's note!"

I took a flight this morning and had to check my carry-on because of lack of space. Did I want to? No. Did I? Yes.
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