Dystonia-Affected Man Files Lawsuit Against U.S. Airways for Denying Right to Fly, Case Could Set Precedent for Airline Travel Rights of Persons with Disabilities
A 26-year-old disabled man, who was denied access to a U.S. Airways flight in June, has sued the major airline for discrimination.
Andy Gates is affected by dystonia, an obscure neuromuscular movement disorder that causes muscles to spasm and contract uncontrollably. Although he uses a wheelchair, he can cross short distances without assistance.
Frequently misdiagnosed as cerebral palsy or psychiatric illness, dystonia is estimated to affect no less than 300,000 people in North America are affected, one third of whom are children.
In June, as he was about to board a flight to Milwaukee, Wisconsin, Gates was stopped by a U.S. Airways shift manager. According to the lawsuit, the manager said the captain of the airplane felt, based on Gates' appearance, that he was too disabled to fly unaccompanied. After a few attempts to explain that Gates was already preauthorized by the airline to fly, he was ultimately denied access.
"All I wanted to do was to safely get to my destination. I've flown many times alone before this incident," said Gates. "It's unfair that someone simply looked at me and made a snap judgment about what I can or cannot do."
Gates recently filed a lawsuit against U.S. Airways and a formal complaint with the U.S. Department of Transportation. Though the Americans With Disabilities Act does not apply to air travel, the federal Air Carrier Access Act prohibits airlines from discriminating on the basis of disability.
However, there is no federal, private right of action available to individuals discriminated against because of their disability in terms of air travel.
"This alleged act of discrimination is unacceptable and sends a message that more needs to be done to educate the public about disabilities such as dystonia," said Janet Hieshetter, Executive Director of the DMRF. "Dystonia comes in all forms and despite some of the challenges this disorder brings, many dystonia-affected individuals lead successful, independent, and fulfilling lives."
Reader Comments:
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Stranded in Philadelphia
I'm 70 years old and while returning home from putting my 95 year old Mother in a nursing home I experience being told I used a racial term (while on my cell phone with my husbad) and subsequently couldn't fly US Airways. First, this didn't happen and second she was at least 10 feet away eavesdropping and certainly heard I planned to file a formal complaint. My originating flight was delayed 1 hour by US Airways (reportedly for weather reasons) thus I was late making the connecting flight; the airplane had not left the gate, and the agent never looked when she told me I couldn't board the plane and the last flight home was full. She summoned the Police and Security personnel and they took my license and ticket to Atlanta. I was left with no means of getting home until I found another carrier much later. The ticket to Atlanta was very expensive because it was a last minute purchase. 2007-10-29 Parma S. Reynolds |
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