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WN kicks autistic 3 year-old and family off plane

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WN kicks autistic 3 year-old and family off plane

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Old Aug 23, 2020, 12:47 pm
  #106  
 
Join Date: Sep 2002
Location: Blue Ridge, GA
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DL says "the virtual consultation process with a third-party medical professional could take up to an hour. False claims of a disability or health condition to obtain an exemption from wearing a mask or face covering may result in the suspension of travel privileges on any Delta flight for the duration of the mask/face covering requirement."

130 mask scofflaws banned thus far.
LegalTender is offline  
Old Aug 23, 2020, 1:02 pm
  #107  
 
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Originally Posted by LegalTender
DL says "the virtual consultation process with a third-party medical professional could take up to an hour. False claims of a disability or health condition to obtain an exemption from wearing a mask or face covering may result in the suspension of travel privileges on any Delta flight for the duration of the mask/face covering requirement."

130 mask scofflaws banned thus far.
Too bad DL cannot attempt to impose a monetary fine on those who make false claims of a disability or health condition. I think the travel industry is one of the most customer unfriendly industries out there. Back in the good times it was the ongoing fees for everything. Now it is this sort of thing. Continue to drag everyone through the mud travel industry- your recovery will take that much longer.
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Old Aug 24, 2020, 9:31 pm
  #108  
 
Join Date: Aug 2007
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Originally Posted by storewanderer
Too bad DL cannot attempt to impose a monetary fine on those who make false claims of a disability or health condition. I think the travel industry is one of the most customer unfriendly industries out there. Back in the good times it was the ongoing fees for everything. Now it is this sort of thing. Continue to drag everyone through the mud travel industry- your recovery will take that much longer.
Thanks but I don't want to sit 20 inches from someone who is unwilling/unable to wear a mask during a pandemic. The policy seems pretty clear, if you are unable to wear a mask, you should contact the airline before you board and get approval from Southwest management. If you are unwilling, find another form of transportation.
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Old Aug 24, 2020, 9:37 pm
  #109  
 
Join Date: Mar 2011
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Originally Posted by bgasser
Thanks but I don't want to sit 20 inches from someone who is unwilling/unable to wear a mask during a pandemic. The policy seems pretty clear, if you are unable to wear a mask, you should contact the airline before you board and get approval from Southwest management. If you are unwilling, find another form of transportation.
FYI: Actually, the policy is that if you are unable or unwilling to wear a mask and are over the age of two you cannot fly on Southwest at this time. (There's no "approval from Southwest management" exception.)
ursine1 is offline  
Old Aug 25, 2020, 9:18 pm
  #110  
 
Join Date: Aug 2007
Posts: 514
Originally Posted by ursine1
FYI: Actually, the policy is that if you are unable or unwilling to wear a mask and are over the age of two you cannot fly on Southwest at this time. (There's no "approval from Southwest management" exception.)
Thank you for the clarification. I figured the policy was similar to bringing service animals on board. If you need a service animal and can provide medical documentation, accommodations will be found. Surprised Southwest's policy doesn't violate the Americans with Disabilities Act by having to find an accommodation for the few that have true issues with masks. I feel for them, but glad when packed close together, that paxs have to wear masks.
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Old Aug 25, 2020, 11:45 pm
  #111  
 
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Originally Posted by bgasser
Thank you for the clarification. I figured the policy was similar to bringing service animals on board. If you need a service animal and can provide medical documentation, accommodations will be found. Surprised Southwest's policy doesn't violate the Americans with Disabilities Act by having to find an accommodation for the few that have true issues with masks. I feel for them, but glad when packed close together, that paxs have to wear masks.
Even some retail stores as well as various other public businesses such as other airlines have the same policy. Unable to wear a mask? Sorry- do not enter our facility. No exceptions. Medical condition? Tough luck. Order online and stay home. The courts are largely frozen right now especially in states like CA where a lot of cases like this tend to come from. By the time a legal case moves through and challenges mask requirements like this as violating ADA, the pandemic will be over and so will the mask requirements.
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Old Aug 25, 2020, 11:57 pm
  #112  
 
Join Date: Mar 2011
Posts: 6,286
Originally Posted by bgasser
Thank you for the clarification. I figured the policy was similar to bringing service animals on board. If you need a service animal and can provide medical documentation, accommodations will be found. Surprised Southwest's policy doesn't violate the Americans with Disabilities Act by having to find an accommodation for the few that have true issues with masks. I feel for them, but glad when packed close together, that paxs have to wear masks.
I agree 100% with that last statement.

The ADA doesn't actually apply to air travel on board, the relevant legislation is the Air Carrier Access Act (ACAA). The ACAA allows carriers to deny travel to a disabled passenger if it's unsafe to do so. Not wearing a mask during the pandemic presents an unsafe situation. It's a controversial position, but I suspect Southwest's high-paid legal team feels strongly that it's defensible.

(Oh, and trained service animals don't actually require documentation, you're thinking of Emotional Support Animals. It's a confusing but important distinction.)
ursine1 is offline  
Old Aug 27, 2020, 5:55 am
  #113  
 
Join Date: Dec 2000
Location: Philadelphia
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Originally Posted by ursine1
I suspect Southwest's high-paid legal team feels strongly that it's defensible.
I suspect the same, or at the very least, they anticipate the amount of any legal settlements/judgements would be well below the extra revenue they can make by being seen as safe. I know I wouldn't be flying without a fairly strong mask mandate on a plane.
lowfareair is offline  
Old Aug 27, 2020, 11:25 am
  #114  
 
Join Date: Jul 2013
Posts: 5,813
Originally Posted by ursine1
(Oh, and trained service animals don't actually require documentation, you're thinking of Emotional Support Animals. It's a confusing but important distinction.)
The problem here is that carriers are constrained from actually determining whether an animal is a "service animal" or an "emotional support animal" and many people especially people who want to fly with Fluffy conflate the two and even dress up their pets in vests saying "service animal".
rsteinmetz70112 is offline  
Old Aug 27, 2020, 1:12 pm
  #115  
 
Join Date: Mar 2011
Posts: 6,286
Originally Posted by rsteinmetz70112
The problem here is that carriers are constrained from actually determining whether an animal is a "service animal" or an "emotional support animal" and many people especially people who want to fly with Fluffy conflate the two and even dress up their pets in vests saying "service animal".
Not to get into the weeds on that particular discussion here... but carriers are allowed to ask questions to help make a determination when an animal is presented as a service animal (what task is the animal trained to do, etc.). And carriers are now allowed to put specific rules in place for each category. But ultimately you're essentially correct. I think (hope) this aspect is one of the ones being addressed as the industry pushes for tighter legislation concerning animals on board. (Although, much like the MAX crisis, I suspect the pandemic has shifted priorities such that movement is stalled for the time being.)
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