FIVE MAJOR U.S. AIRLINES SUE DOT OVER NEW WHEELCHAIR RULE
March 17, 2025
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On February 18, 2025, American, Delta, JetBlue, Southwest, and United in coordination with Airlines for America (“A4A”) filed a lawsuit against DOT arguing the Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs rule (effective January 16, 2025), exceeded DOT’s statutory authority and thus violated the Administrative Procedure Act (“APA”). The lawsuit was filed in the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) which blocked another Biden-era rule last month (i.e., Enhancing Transparency of Airline Ancillary Service Fees). According to A4A, the Fifth Circuit should “hold unlawful and set aside” the rulemaking, in whole or in part, to remedy the regulatory overreach which occurred when the former administration finalized the rule in December 2024. Specifically, A4A and the plaintiffs claim certain provisions are arbitrary and capricious under the APA. A4A and the airline plaintiffs are expected to raise issue with how the rulemaking defines discrimination. Disability advocates on the other hand contend that rule holds airlines accountable for wheelchair damages by making mishandling wheelchairs a per se violation of the Air Carrier Access Act. As the lawsuit against DOT proceeds, we will continue to monitor for developments to the extent that either the Fifth Circuit or new DOT leadership concede to industry resistance.
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