Written by Candy B Harrington for Barrier-Free Travels, March 24, 2023

Wisconsin senator Tammy Baldwin recently reintroduced a bill in Congress to amend the Air Carrier Access Act (ACAA). A staunch supporter of accessible air travel, Baldwin previously introduced bills to strengthen the ACAA in 2017 and 2021. Both bills died due to a lack of support.

This time it might be a bit different as Representative Dina Titus also introduced an identical bill in the US House of Representatives. Both of the bills have four main provisions.

Civil Penalties

The bill would allow the Secretary of Transportation to refer ACAA violations to the Department of Justice for civil penalties for discrimination. Currently the Department of Transportation (DOT) does have the authority to fine the airlines for violations, but it’s rarely done, and the fines usually don’t amount to much. It’s believed that this provision would lead to steeper monetary penalties assessed more often. And that in turn could lead to fewer violations.

The Right to Sue

Although the ACAA doesn’t deny passengers the right to sue airlines, it doesn’t specifically convey this right either. And although anyone can technically sue any company, lawsuits have been dismissed because the ACAA doesn’t specifically convey that right to airline passengers. Additionally, case law (Stokes v Southwest Airlines) sides with the airlines. This case was decided in favor of the defendant on appeal because the ACAA is silent in regards to a private party action.

I believe this is the provision with the most teeth, as it could potentially hit the airlines where it hurts the most — in the pocketbook. With court costs and attorney fees these cases could cost the airlines millions of dollars, instead of a couple hundred thousand dollars.

Stricter Access Regulations

The bill also calls for the DOT to formulate updated access requirements that include accessible seating, lavatories, wheelchair stowage and boarding. And the timeline for implementation is five years from the date the regulations are approved. Crafting new access regulations is an arduous and lengthy task, so I don’t see this being a realistic option for short term improvements in accessible air travel. But perhaps it’s something for future generations. This has been tried many times, and it just didn’t fly.

Ground Facility Accessibility

This provision requires all ground facilities to be accessible. Although most airport facilities are covered under the Americans with Disabilities Act, there are a few that are not. This provision will ensure that all facilities are accessible.

I’m not really sure how much of a chance these bills have of passing, but they do have widespread support from the disabled community. And in these times of diversity and inclusion, well that only serves to make it attractive to a wider range of people. But the airlines have a huge lobby and some very deep pockets, so I’m not that hopeful. Let’s just say that I’ve seen them in action before. In any case I applaud Senator Baldwin and Representative Titus for addressing this issue. The ADA wasn’t created in a year or two either — it really did take decades.

Time will tell.