Airlines Challenge Biden-Era Wheelchair Accessibility Rule (1)

Some of the biggest US airlines are seeking to overturn a sweeping Biden administration rule that would impose higher standards for accommodating passengers with disabilities, particularly wheelchair users.

American Airlines Group Inc., Delta Air Lines Inc., JetBlue Airways Corp., Southwest Airlines Co. and United Airlines Holdings Inc. joined the industry group Airlines for America on Tuesday to ask the 5th US Circuit Court of Appeals to invalidate the rule. They said in a court filing that the US Department of Transportation had exceeded its authority and abused its discretion.

The move comes as President Donald Trump targets diversity, equity and inclusion policies throughout the federal government that he claims are wasteful and discriminatory. Disabled workers have expressed concern after Trump suggested DEI programs, including those favoring disabled workers, contributed to the fatal commercial airliner crash near Washington last month.

A spokesperson for the Department of Transportation didn’t immediately respond to a request for comment.

The department adopted the rule in December, during the final days of the Biden administration. It was heralded by then-Transportation Secretary Pete Buttigieg as a means of holding “airlines accountable when they do not provide fair treatment to passengers with disabilities.”

Among other things, the rule imposes new training requirements for airline employees who work with disabled travelers and increased penalties for mishandled mobility devices, including wheelchairs. For every 100 wheelchairs or scooters that are transported on domestic flights, at least one is damaged, delayed or lost, according to the department.

The court filing by the airlines didn’t elaborate on their legal argument against the measure, but further briefing is expected in the case.

Airlines for America declined to comment on the suit, but said the carriers it represents have sought to improve experiences for passengers with disabilities. American Airlines, Delta and JetBlue referred all questions about the rule challenge to the industry group. Spokespersons for the other airlines didn’t immediately respond to a request for comment.

The case is Airlines for America v. Department of Transportation, 25-60071, 5th US Circuit Court of Appeals (New Orleans).

(Updates with comment from Airlines for America.)

--With assistance from Mary Schlangenstein.

To contact the reporter on this story:
Madlin Mekelburg in Austin at mmekelburg@bloomberg.net

To contact the editors responsible for this story:
Misyrlena Egkolfopoulou at megkolfopoul@bloomberg.net

Steve Stroth, Ryan Beene

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