Primer: Travelers with Disabilities
Airports are about personal liberty – the freedom to go anywhere you wish. All you need is access. However, for some 43 million Americans who have one or more physical or mental disabilities, access may not be so easy. This number is increasing as the population as a whole is growing older. The Americans with Disabilities Act, known as ADA, protects individuals with disabilities from discrimination regardless of whether they are seeking employment or access to services. It requires state and local entities, such as public airports, to be accessible to people with disabilities and prohibits discrimination against them.
There are multiple players in an airport – airlines, security, vendors, and the airport itself. Just who is responsible for accommodating the disabled traveler?
Airport responsibilities
All services, programs, and activities of public airports should be accessible to persons with disabilities.
This applies to:
- Airports owned or operated by any state or local government structure, including airport authorities
- All new buildings
- All alterations
- Services supplied by the airport such as inter-terminal connectors, parking shuttles, and inter-airport connectors
- Public accommodations
- Telecommunications such as telephones and televisions
Boarding assistance: Each airport operator and airline carrier must “negotiate in good faith” concerning the acquisition and use of devices used to assist passengers in boarding aircraft and the allocation of responsibilities for meeting boarding assistance requirements.
- Lifts, ramps and other suitable devices – These items, which may not be used for the movement of freight, must be made available if the terminals at such airports are not equipped with passenger loading bridges or lounges.
- Passenger services – Provisions must be available for assisting passengers with disabilities in moving into, out of, and within the terminal, and in the use of terminal facilities.
- Service animals – All airports must provide access to terminals and facilities for seeing-eye and hearing guide dogs.
Enplaning and deplaning (moving on and off the plane): Responsibilities fall on the carrier.
Transferring flights: Each delivering carrier is responsible for assistance in making flight connections and transportation between gates.
Stowing of personal equipment: Carriers are required to permit individuals with disabilities to store canes, wheelchairs, and other assistive devices on board the aircraft. Items should be placed:
- In overhead compartments
- Under seats
- In an aircraft closet
- In cargo compartments, but only if an approved stowage area in the cabin is not available
Concessions: The airport is obligated to ensure through the leases or through its own actions that the ADA obligations are met at concessions, such as restaurants, news stands, and gift stores.
Disability defined
The ADA defines a disability as:
- A mental impairment that substantially limits one or more major life activities
- A physical impairment that substantially limits one or more major life activities
To qualify for protection under ADA, a person must meet the essential eligibility requirements for a program, service, or activity with or without:
- Reasonable modifications to rules, policies, or procedures
- Removal of physical and communication barriers
- Providing auxiliary aids or services for effective communications
Modifications
Modifications are not required if it would fundamentally alter:
- A program
- A service
- An activity
The expense of making a program, service, or activity accessible or providing a reasonable modification or auxiliary aid may not be charged to a person with a disability.
Toll-Free Hotline for Air Travelers with Disabilities
The U.S. Department of Transportation (DOT) has established a toll-free hotline to assist travelers with disabilities. Air travelers who experience disability-related air travel service problems may call the hotline at 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) to obtain assistance. The hours for the hotline are 7 a.m. to 5 p.m. Eastern Time, Monday through Friday except federal holidays. The hotline provides general information about the rights of air travelers with disabilities and assists air travelers with time-sensitive disability-related issues that need to be addressed in "real time".
The role of the DOT employees is to facilitate compliance with DOT's rules and to suggest possible solutions to the airline involved. Since the airline remains responsible for compliance with the Air Carrier Access Act and DOT's implementing regulations, airline employees would decide what action to take in any given situation.
Applicable disability law
- The Americans with Disabilities Act of 1990
The ADA covers all state and local governments, not just those that receive federal financial assistance. State and local government employees are covered by Title I. Title II of the ADA specifically applies to public entities (state and local governments) and their programs, services, and activities. Title III of the ADA applies to private businesses.
- The Rehabilitation Act of 1973
Covers responsibilities of airports as it applies to the FAA airport grant program. Section 504 of the Rehabilitation Act makes it illegal for the federal government, federal contractors, and any entity receiving federal financial assistance to discriminate on the basis of disability. State and local governments must ensure that persons with disabilities have equal access to any programs, services, or activities receiving federal financial assistance and that employment practices do not discriminate on the basis of disability.
- Architectural Barriers Act of 1968
Establishes and enforces standards for design, construction, and alteration of particular types of buildings and facilities.
- The Air Carrier Access Act of 1986
Air carriers are responsible for those facilities or services at an airport that they own, lease, operate, or otherwise control. Covers aircraft accessibility, airport facilities, and provision of services.
Helpful sources
New Horizons: Information for the Air Traveler with a Disability- A U.S. Department of Transportation consumer guideline that provides a breakdown of what disabled air-travelers should expect when planning a flight, when arriving at the airport, while getting on and off the plane, and during the flight.
ADA Best Practices Toolkit for State and Local Governments
Advisory Circular 150.5360-14: Access to Airports by Individuals with Disabilities
U.S. Department of Transportation Office of Civil Rights
Federal Aviation Administration Office of Civil Rights
Compiled by James Briggs, Jr. (jbriggs@aci-na.org), Vice President, Legal Affairs