Delta slapped with largest DOT382 (access) fine in history

Proving the government means to take DOT382 seriously, a fairly recent amendment to the Air Carrier Access Act (ADA of the skies), Delta was served a $2million fine this week for violations to this act.  View the official Press Release here.

Some of the fine will be allotted back into improvements to Delta’s system for travelers with disabilities, such as improvements to jetway- and terminal-level access, enhancing booking specifics, and technology with their local vendors. 

What is protecting and creating the legal rights for airline travel for customers with disabilities?

One of the most common misconceptions of airline travel for people with disabilities is in the legal department.  There are many laws in place that protect travelers with disabilities, some of which have been in place for a decade or even two, that many travelers still don’t know about.  In addition, there are frequent updates to these laws, acts, and regulations.  While it is not necessarily your responsibility as a traveler to know and protect these rights, that is perhaps the most important responsibility of our government, yet it is in your extreme best interest to stay on top of them and be proactive about them.

In addition to what is listed briefly below, travelers can use the US Access Board to stay on top of this topic.  http://www.access-board.gov/gs.htm

Highlights of the existing rights:
ADA- Americans with Disabilities Act; 1990
Title I: employment rights
Title II: public services
Title III: public accomodations
Title IV: telecommunication services
Title V: misc provisions
Where the ADA steps in for travel is in the airports


ACAA- Air Carrier Access Act; 1986
Prohibits discrimination on the basis of disability in air travel and requires air carriers to accommodate the needs of passengers with disabilities
Carriers may not refuse transportation on the basis of disability.
Airlines may not require advance notice for a person with a disability, with some minor exceptions (such as the 48 hr advance notice requirement for emotional support animals).
Airlines are required to provide assistance with boarding, deplaning, and making connections.
Carriers must designate Complaint Resolution Officials (CROs) to respond to complaints from passengers.
Carriers must obtain an assurance of compliance from contractors who provide services to passengers.

Rehabilitation Act Amendment; 1998
The law strengthens section 508 of the Rehabilitation Act and requires access to electronic and information technology provided by the Federal government. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent it does not pose an “undue burden.”

More acronyms and links:
ADAAG- ADA Accessibility Guidelines for Buildings and Facilities
FAA- Federal Aviation Administration; guidelines are slowly becoming standards
DOJ- Department of Justice
DOT- Department of Transportation
ADCP- Airport Disability Compliance Program; auditing and educating operators on standards

Continental Airlines Customers with Disabilities Advisory Board says goodbye to an era

Houston, TX
October 6-7, 2010
Continental Airlines officially merged with
United Airlines on October 1, 2010

It has been our highest honor to sit on the Continental Airlines Customers with Disabilities Advisory Board (CACDAB) since 2008. When approached three years ago by Customer First and Regulatory Programs Manager Bill Burnell and his team, we leapt at the opportunity to help make a difference for one of our favorite travel providers. This company has always had the contagious postitive attitude towards PWD and act as family taking care of you on the road. The company’s long-term dedication to going above and beyond the regulations for handling customers with disabilities is applaudable. Therefore to be one of their advisors on the topic is the hugest honor one could have.

We were invited to visit Northwest’s board in early 2008 in Detroit just before their merger with Delta, and subsequent dissolvement, and as Burnell always says, we learned what not to do. From there Continental gathered an all-star team of representatives from the travelers with disabilities community, representing as many disabilities as possible including many levels of physical, sensory, and cognitive disabilities. Each meeting the Continental crowd would grow larger and larger, with multiple employees from dozens of departments coming to listen, give input, and learn at these extremely productive and educational meetings.


This Wednesday, during the board’s fifth and final pow-wow under the Continental name, the crowd grew to about 80 eager bodies including the board, Burnell’s super team, a first-time appearance from the Pilot’s Department and smaller regional airports, and three United Managers. The morning opened with a surprisingly heart-warming speech about marriage from Vice President of Airport Operations and Planning, Cindy Szadokierski, of “the New United,” former French teacher who got the “jet fuel in [her] blood” used phrases like “team effort,” “leaving the past stigma behind,” and closed with Craig’s favorite line of the two days, “at the next meeting.”

As board members, we applaud the United team for sitting in open minded during this final and therefore sometimes emotional meeting, as the new step sisters and brothers to this family who has laughed and cried together for two years now. Their input was invaluable, and their note taking did not go by unnoticed. Hopefully this board can only continue to grow in the most beneficial ways as possible during this merger.

What the next year will look like:

You will start to see the airplanes and uniforms merging, with
Continental’s logo remaining on the tail and the United name down the body of the aircrafts (above). Pins combining both were handed out to employees.
Mileage points rewards programs will merge.
In the spring of 2011 on “Customer Day One” the policies will merge and customers will “feel a more streamlined experience.”
Next, the FAA certificate as one formal airline will be awarded.
United is still “committed to Continental’s slogan of
“Offering the highest standard of clean, safe, reliable (and accessible) transportation.”
The New United will become the largest, most powerful, and hopefully the most accessible airline in the world.

What has happened since March 2010:
Continental Update

  • Stopped offering medical oxygen for rent and have approved 13 kinds of Personal Oxygen Containers (POC) for passengers to bring onboard. Also hosted POC Awareness Day.
  • Ventilators now approved above 10,000 feet and when applicable can use onboard power to charge.
  • The “Disability Quarterly” with articles from board members and passengers with personal stories receives hundreds of emails in response per issue.
  • Continuing to educate and and merge policies with International Partners.
  • Animal Relief Areas (guide dog potties) now listed on airport maps.
  • Many airport ground crews received mobility equipment handling workshops to reduce annual damage expense.
  • CACDAB’s partners TSA, STAXI, and wheelchair providers have also made several changes to how they operate based on the CDAB’s suggestions and experience.

It will take some time for this merger to shake out into a product that we all love and company we all patronize, but we are optimistic, and we hope you will be too.

Thanks to Continental for introducing us to an amazing team of dedicated employees and board members.

More on CACDAB and airline travel
CACDAB4
May 2009, TWD’s updated rights
CACDAB2

Continental Airlines Customers with Disabilities Advisory Board says goodbye to an era

Houston, TX
October 6-7, 2010
Continental Airlines officially merged with
United Airlines on October 1, 2010

It has been our highest honor to sit on the Continental Airlines Customers with Disabilities Advisory Board (CACDAB) since 2008. When approached three years ago by Customer First and Regulatory Programs Manager Bill Burnell and his team, we leapt at the opportunity to help make a difference for one of our favorite travel providers. This company has always had the contagious postitive attitude towards PWD and act as family taking care of you on the road. The company’s long-term dedication to going above and beyond the regulations for handling customers with disabilities is applaudable. Therefore to be one of their advisors on the topic is the hugest honor one could have.

We were invited to visit Northwest’s board in early 2008 in Detroit just before their merger with Delta, and subsequent dissolvement, and as Burnell always says, we learned what not to do. From there Continental gathered an all-star team of representatives from the travelers with disabilities community, representing as many disabilities as possible including many levels of physical, sensory, and cognitive disabilities. Each meeting the Continental crowd would grow larger and larger, with multiple employees from dozens of departments coming to listen, give input, and learn at these extremely productive and educational meetings.


This Wednesday, during the board’s fifth and final pow-wow under the Continental name, the crowd grew to about 80 eager bodies including the board, Burnell’s super team, a first-time appearance from the Pilot’s Department and smaller regional airports, and three United Managers. The morning opened with a surprisingly heart-warming speech about marriage from Vice President of Airport Operations and Planning, Cindy Szadokierski, of “the New United,” former French teacher who got the “jet fuel in [her] blood” used phrases like “team effort,” “leaving the past stigma behind,” and closed with Craig’s favorite line of the two days, “at the next meeting.”

As board members, we applaud the United team for sitting in open minded during this final and therefore sometimes emotional meeting, as the new step sisters and brothers to this family who has laughed and cried together for two years now. Their input was invaluable, and their note taking did not go by unnoticed. Hopefully this board can only continue to grow in the most beneficial ways as possible during this merger.

What the next year will look like:

You will start to see the airplanes and uniforms merging, with
Continental’s logo remaining on the tail and the United name down the body of the aircrafts (above). Pins combining both were handed out to employees.
Mileage points rewards programs will merge.
In the spring of 2011 on “Customer Day One” the policies will merge and customers will “feel a more streamlined experience.”
Next, the FAA certificate as one formal airline will be awarded.
United is still “committed to Continental’s slogan of
“Offering the highest standard of clean, safe, reliable (and accessible) transportation.”
The New United will become the largest, most powerful, and hopefully the most accessible airline in the world.

What has happened since March 2010:
Continental Update

  • Stopped offering medical oxygen for rent and have approved 13 kinds of Personal Oxygen Containers (POC) for passengers to bring onboard. Also hosted POC Awareness Day.
  • Ventilators now approved above 10,000 feet and when applicable can use onboard power to charge.
  • The “Disability Quarterly” with articles from board members and passengers with personal stories receives hundreds of emails in response per issue.
  • Continuing to educate and and merge policies with International Partners.
  • Animal Relief Areas (guide dog potties) now listed on airport maps.
  • Many airport ground crews received mobility equipment handling workshops to reduce annual damage expense.
  • CACDAB’s partners TSA, STAXI, and wheelchair providers have also made several changes to how they operate based on the CDAB’s suggestions and experience.

It will take some time for this merger to shake out into a product that we all love and company we all patronize, but we are optimistic, and we hope you will be too.

Thanks to Continental for introducing us to an amazing team of dedicated employees and board members.

More on CACDAB and airline travel
CACDAB4
May 2009, TWD’s updated rights
CACDAB2

Confuse "Pet" for "Service Dog?"

On our way home from the Abilities Expo in Edison New Jersey, we ran into a bit of a problem with Continental. To their credit, our first problem ever with them, and it was sorted out without an issue.

However, we figured we might as well just share it, so if you come across this issue, you know what to do.

The request: Our service dog is big, and we like the bulkhead for her and for extra room for us.
The problem: The gate agent thinks “No animals in the bulkhead row.”
The truth: “No PETS in the bulkhead row.”

His justification: All animals must be considered as luggage, and stored out of the way of passing customers for safety. Therefore they must be stowed under the seat in front of them.
Our justification: Mohawkie is not a pet, and we’ve done this for five years without question.

How do we protect ourselves usually?
1. We bring a copy of the FAA rules with us to back our rights up.
2. We bring a copy of the Service Animal rules from the ADA with us to back our rights up.
3. When in doubt, we ask for the airport disability representative or a TSA representative to protect our rights.

How did we resolve this issue? Upon proving to both the gate agent AND the green flight attendant that although the FAA states “Pet,” this does not apply to a service animal because a)many of them are too big to go under the seat in front, and b)the bulkhead is the official disability seating.
We did have to get a TSA agent over to settle our dispute professionally, but we spent the first 10 minutes nicely stating our point so that the issue didn’t get inflated with defensiveness and anger so it could be resolved more quickly. When our case wasn’t accepted, we had someone else back it up.

Usually Continental employees are more informed than this, so we were surprised, but not disappointed. We managed to educate 5 staff members, and got into our seat on time as usual.

The bottom line: KNOW YOUR RIGHTS.