The Air Carrier Access Act (ACAA) is a pivotal U.S. law that safeguards the rights of travelers with disabilities, ensuring they have equal access to air travel. Established in 1986, the ACAA was a response to the widespread discrimination these individuals faced in airports and on airplanes.
A Brief History: Why the ACAA Was Enacted
Before the ACAA, people with disabilities often encountered numerous barriers when flying, including being denied boarding or not receiving necessary assistance. This act aimed to eliminate such discrimination, mandating airlines to accommodate the needs of disabled passengers, thus granting them greater independence and freedom in air travel.
The Rights of Service Animals and Emotional Support Animals under the ACAA
Under the ACAA, service dogs receive recognition for their essential role in assisting individuals with disabilities. Airlines must permit service dogs in the cabin, catering to a range of disabilities beyond vision or mobility impairment. Traveling with a service dog requires the completion of a special form from the Department of Transportation.
Emotional support animals (ESAs), unfortunately, no longer receive the same accommodation as service animals under the ACAA due to rule changes in 2020.
How the ACAA Changed Air Travel
The ACAA has significantly improved air travel for people with disabilities by addressing various challenges. Here are specific examples of how the ACAA changed air travel:
Non-Discrimination in Boarding and Seating:
Before ACAA: Individuals with disabilities could be denied boarding or forced to sit in specific seats due to their disability.
After ACAA: Airlines cannot refuse to board passengers solely based on disability. Passengers with disabilities have the right to choose their seat, like any other traveler, subject to safety regulations.
Assistance During Boarding and Deplaning:
Before ACAA: Many passengers with mobility impairments struggled with boarding and deplaning due to a lack of assistance or equipment.
After ACAA: Airlines are required to provide assistance, such as wheelchair assistance, aisle chairs, and assistance from airline personnel in boarding and deplaning.
Handling of Mobility Aids and Assistive Devices:
Before ACAA: Wheelchairs and other assistive devices were often mishandled, leading to damage or loss, and there were limits on the number of devices that could be carried.
After ACAA: Airlines must accommodate and transport mobility aids and assistive devices, giving them priority over other cargo. They must also handle these devices with care to avoid damage.
Service Animals:
Before ACAA: Passengers with service animals often faced challenges and restrictions when trying to travel with their service animals.
After ACAA: Airlines must allow service animals to accompany their owners in the cabin, ensuring that passengers with disabilities can travel with their service animals without additional charges.
Accessible Lavatories and In-Flight Services:
Before ACAA: Inaccessible lavatories and in-flight services were a major issue for passengers with disabilities.
After ACAA: While not all aircraft are required to have accessible lavatories, larger planes must provide an accessible lavatory. Additionally, airlines must offer assistance with in-flight services like meals and communication for passengers with sensory impairments.
Communication and Information Access:
Before ACAA: Passengers with hearing or vision impairments often missed important announcements or information.
After ACAA: Airlines must provide accessible formats of communication for passengers with hearing and vision disabilities, such as TTY (Text Telephone) service for deaf and hard-of-hearing passengers and braille or large print for vision-impaired passengers.
Training of Airline Staff:
Before ACAA: Airline staff often lacked understanding and training on how to assist passengers with disabilities.
After ACAA: The ACAA mandates training for airline staff on how to effectively assist and accommodate passengers with disabilities, improving overall service and awareness.
Through these changes, the ACAA has made air travel more inclusive, respectful, and accessible for people with disabilities. The law’s implementation has not only enhanced the travel experience for individuals with disabilities but also raised awareness about the necessity of accommodating diverse needs in all aspects of public transportation.
The Difference Between the ACAA and the ADA
The ACAA is similar to the Americans with Disabilities Act (ADA) in its goals. However, the ADA is a broader civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public.
The ADA’s scope is much wider than just air travel, encompassing various sectors like employment, public accommodations, government services, and telecommunications. While the ADA covers a broad range of public accommodations and services, the ACAA focuses specifically on air travel.
While the ADA covers accessibility in airports (since they are public accommodations), the actual in-flight services and accessibility issues are governed by the ACAA.
Another difference between the ACAA and the ADA is that they are enforced by different federal agencies. The Department of Transportation (DOT) enforces the ACAA, while the Department of Justice (DOJ) is primarily responsible for enforcing the ADA.
ACAA’s Relevance for Modern Travelers
Today, the ACAA’s significance cannot be understated. It prohibits airlines from discriminating against passengers based on disability and obliges them to provide necessary accommodations.
This includes wheelchair access, allowing service dogs, assistance during boarding and disembarking, and appropriate seating arrangements, making air travel more accessible and less daunting for disabled travelers.
Certainly not every doctor is ready willing and able to assist a disabled person with support. I’ve tried. I’ve asked my doctors and have been denied, with statements like “I don’t really do that sort of thing” which is nice speak for I don’t agree that you need this, and therefore I will not back you up” . There’s no need for a doctors personal opinion to block your right to travel freely about the land. The law is the law. If the law says you can, then you can,
regardless of someone’s opinion of what you can and cannot do. You have the right to pursue your happiness especially if it involves freedom. No one should be able to judge or restrict your movements based on your lack of ability. Everyone is free. Everyone.
A person should certainly not be discouraged if their doctor or therapist denies them for an ESA letter. There are many reasons they may do so even though an emotional support animal is still a good idea. We wrote an article about what to do if your therapist says no to your ESA request which you can find here: https://esadoctors.com/what-to-do-if-your-therapist-wont-write-you-an-esa-letter
We also want to note however that ESAs unfortunately no longer have travel rights in the US. An ESA letter still entitles owners to housing rights under Fair Housing rules.