U.S. DISTRICT COURT GRANTS PARTIAL MOTION TO DISMISS ACAA CLAIM ASSERTED AGAINST SOUTHWEST
September 23, 2022
On August 16, 2022, the U.S. District Court for the Eastern District of Louisiana granted Defendant Southwest Airlines’ (“Southwest”) motion to dismiss an Air Carrier Access Act (“ACAA”) claim brought by a passenger seeking to recover damages for injuries sustained due to Southwest’s alleged failure to provide proper wheelchair assistance at Louis Armstrong International Airport (MSY).
The incident occurred in the Spring of 2021. According to the Plaintiff, he repeatedly requested wheelchair assistance at MSY due to pre-existing physical injuries that rendered him disabled, but upon arriving at the airport for a flight to Houston, TX, Southwest did not provide him with a wheelchair. As a result, Plaintiff asserted that he fell causing injuries to his head, shoulders and neck when he attempted to board the aircraft without a wheelchair. The Plaintiff raised five causes of action, including claims under the Americans with Disabilities Act (“ADA”) and the ACAA to recover damages for his injuries. Southwest filed a motion to dismiss, arguing that the Plaintiff’s claim under the ACAA should be dismissed because the statute does not provide passengers with an individual private right of action. The U.S. District Court agreed with Southwest’s argument, stating that while the ACAA prohibits airlines from discriminating against consumers on the basis of disability, the Act does not expressly provide individual consumers with a right to sue a carrier based on it, as the Act’s remedial process is specifically limited to allowing an aggrieved passenger to notify DOT of an alleged violation. DOT can then decide whether to investigate the alleged violation and issue a fine for non-compliance based on the Department’s civil penalty guidelines, or issue an order of compliance and enforce its order by filing a civil action in district court, but only it is given this authority under the ACAA. The Court also pointed out that in a recent decision the U.S. Fifth Circuit Court also held that “no private right of action exists to enforce the ACAA in district court”, and that every federal court that has considered the issue has held that “the ACAA’s text and structure preclude a private right of action.” No further action has been taken yet on the Plaintiff’s remaining ADA-related claim.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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