[nagdu] Disabled veteran kicked off US Airways plane, refused to put service dog on floor

Mon Sep 9 16:01:23 UTC 2013

Thanks, Ginger! It's a lot to digest before coffee, but it does sound 
like the dog is required to be on the floor, under a seat. This makes 
sense for safety of all.

Tami

On 09/09/2013 08:26 AM, Ginger Kutsch wrote:
> Tami,
> Pasted below is an excerpt from the DOT's Office of Aviation Enforcement &
> Proceedings publication   called Answers to Frequently Asked Questions
> Concerning Air Travel of People with Disabilities Under the Amended Air
> Carrier Access Act Regulation. I've included several questions that might be
> of interest along with those questions that specifically address where a
> service animal may be seated on the air craft.
>
>
> Section 382.81 - Seating Accommodations
>
> 24.	Can an airline require passengers with a disability accompanied by
> service animals to sit in the bulkhead row?
>
> Answer: No.  As stated in 382.81 (c), a passenger with a disability
> traveling with a service animal must be provided, as the passenger requests,
> either a bulkhead seat or a seat other than a bulkhead seat that would
> accommodate the service animal subject to applicable safety regulations.  If
> the passenger chooses a seat other than a bulkhead seat, the carrier is not
> required to permit the passenger to specify a particular seat of his or her
> choosing (e.g., "7C") that he or she would not be entitled to under the
> carrier's normal seat-selection procedures, except to the extent necessary
> to accommodate the animal as required by sections 382.117(b) and (c) of the
> rule.
>
> 25.	May a carrier exclude a passenger with a disability seeking to
> travel with a service animal from his or her specific assigned seat or
> require that passenger to sit in a particular seat in the cabin?
>
> Answer:  No, except to comply with FAA or applicable foreign government
> safety regulations.  A service animal may be placed at the feet of a person
> with a disability at any bulkhead seat or in any other seat as long as when
> the animal is seated/placed/curled up on the floor, no part of the animal
> extends into the main aisle(s) of the aircraft and the service animal is not
> at an emergency exit row seat.
>
>
> Section 382.87 - Other Seating Accommodations
>
> 26.	Must a passenger needing more than one seat to accommodate his/her
> disability pay for the additional seat(s)?
>
> Answer: A person who requires more than one seat for any reason (e.g.,
> because of obesity or a disability) can be required to pay for all of the
> seats used.
>
> Section 382.117 - Service Animals
>
> 33.	What type of documentation are carriers permitted to require as a
> condition of permitting a service animal to travel on a flight segment
> scheduled to take 8 hours or more?
>
> Answer: The carrier may require documentation that the animal will not need
> to relieve itself during the expected duration of the flight or that the
> animal can relieve itself in a way that does not create a health or
> sanitation issue on the flight.  Examples of documentation a passenger could
> provide include either a written statement from a veterinarian, a signed
> statement from the passenger containing the procedures that he/she employs
> to prevent the animal from having to relieve itself (e.g., limitation on the
> provision of food and water) and an assurance that the use of these
> procedures has prevented the animal from relieving itself for a period
> similar to that of the planned duration of the flight, or a signed statement
> with photographs or other illustrations of the animal's ability to relieve
> itself without posing a health or sanitation problem (e.g., the use of a
> passenger-provided absorbent plastic-backed pad).
>
> 34.	May carriers require documentation that an animal accompanying a
> passenger with a disability is a service animal?
>
> Answer: Generally no, except in limited circumstances as discussed below.
> Unless a foreign carrier has received a conflict of laws waiver permitting
> the carrier to impose such a requirement, or the carrier finds that the
> verbal assurances of the passenger are not credible and there are no other
> indications of the animal's status such as a harness, tag or vest, the
> airline may not require such documentation.  Carriers are permitted to
> require documentation for emotional support animals and psychiatric service
> animals.
>
> 35.	What conditions may carriers impose on the transport of service
> dogs?
>
> Answer: Carriers must transport all service dogs (e.g., guide dogs, seizure
> alert dogs, etc.) as long as safety and animal health requirements are met.
>
>
> 36.	Must carriers accept emotional support and psychiatric support
> animals in the aircraft cabin?
>
> Answer:  U.S. carriers must accept any emotional support or psychiatric
> service animal in the aircraft cabin consistent with applicable safety and
> animal health requirements and ensure that its foreign code share partners
> do the same on covered flights with respect to passengers traveling under
> the U.S. carrier's code.  Foreign carriers must accept any emotional support
> or psychiatric service dog in the aircraft cabin consistent with applicable
> safety and animal health requirements on covered flights.
>
> 37.	What should airline personnel do if a passenger with a disability is
> accompanied in the airplane cabin by a service animal that does not fit in
> the space immediately in front of the passenger and there is no other seat
> in the cabin with sufficient space to safely accommodate the animal?
>
> Answer: If a service animal does not fit in the space immediately in front
> of the accompanying passenger with a disability and there is no other seat
> with sufficient space to safely accommodate the animal and its partner
> (i.e., user), there are several options to consider for accommodating the
> service animal in the cabin in the same class of service.  The carrier
> should speak with other passengers to find a passenger in an adjacent seat
> who is willing to share foot space with the animal, or a passenger in a seat
> adjacent to a location where the service animal can be accommodated (e.g.,
> in the space behind the last row of seats) or adjacent to an empty seat, who
> is willing to exchange seats with the service animal's partner.  As noted in
> the preamble to our rule, there are probably no circumstances in which the
> purchase of a second seat would be necessary to accommodate the service
> animal.  If a class of service on a flight is totally filled, there would
> not be any seat available for purchase.  If the class of service had even
> one middle seat unoccupied, the passenger with a service animal could be
> seated next to the vacant seat.  It is likely that even a large animal
> (e.g., Great Dane) could use some of the floor space of the vacant seat,
> making any further purchase by the passenger unnecessary.  Only if there is
> no alternative available to enable the passenger to travel with the service
> animal in the cabin on that flight should the carrier offer options such as
> transporting the service animal in the cargo hold or transportation on a
> later flight with more room.  When transportation on a later flight is
> offered, carriers are strongly encouraged, but not required by Part 382, to
> allow any passenger who wishes to rebook on a different flight to the same
> destination and on the same airline to do so at the same fare.
>
> 38.	If a carrier determines that a service animal cannot accompany a
> passenger with a disability in the cabin due to a behavior problem on the
> part of the animal that may result in a direct threat to the health or
> safety of others or a fundamental alteration in service, what should the
> carrier do?
>
> Answer: The carrier should first permit the passenger to try available means
> of mitigating the problem (e.g., muzzling a barking service dog) before
> deciding to exclude the service animal from the cabin.  If those means are
> not successful, the carrier may follow its company policy on pets because
> the animal has shown that it has not been successfully trained to function
> as a service animal in public settings.   Whenever the airline decides not
> to accept an animal for travel as a service animal, the airline must provide
> the passenger a written explanation of its decision within 10 calendar days
> of the incident.
>
> 39.	 If a carrier determines that a service animal cannot accompany a
> disabled passenger in the cabin and the passenger refuses to allow the
> animal to be transported in the cargo hold and requests instead to be
> rebooked on a later flight, must the carrier do so without additional
> charge?
>
> Answer: If an airline cannot safely transport a service animal (e.g.,
> because it is too large to fit anywhere in the cabin), a carrier must follow
> its nondiscriminatory contract of carriage provisions applicable to the
> passenger's fare in determining how to best re-accommodate such passengers.
> Although not required by Part 382, carriers are strongly encouraged to allow
> any such passengers who wish to rebook on a different flight to the same
> destination and on the same airline to do so at the same fare.
>
>
> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Tami Jarvis
> Sent: Friday, September 06, 2013 9:10 PM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Subject: Re: [nagdu] Disabled veteran kicked off US Airways plane, refused
> to put service dog on floor
>
> I think on this one the airline was in the right.
>
> Wouldn't this be covered by the Air Carrier Access Act (ACAA)?
>
> Just for grins, can any frequent flyers or legal eagles comment on whether
> there is anything specific in the ACAA about having the service dog in the
> seat?
>
> Unsecured, the dog would pose a direct threat to the health and safety of
> others in the event of turbulence or worse. Bouncing around the cabin
> wouldn't do the dog any good, either. /shudder/ If the dog were secured in
> the seat, is there a rule against that under the ACAA?
>
> Just curious! No plans to put my dog in the seat, although she has mentioned
> on at least one flight that she thought it was the best place for her. I let
> her go on thinking that from the floor under the seat. /lol/
>
> Tami
>
> On 09/06/2013 05:58 PM, Margo Downey and Arrow wrote:
>> Oh, I think U S air did the right thing.
>>
>> Margoa nd Arrow
>>
>> -----Original Message-----
>> From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray
>> Sent: Friday, September 06, 2013 8:40 PM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Subject: Re: [nagdu] Disabled veteran kicked off US Airways plane,
>> refused to put service dog on floor
>>
>> Oh, I think he landed in the media because of his interpretation. How
>> many people would actually try to have the dog ride in the seat? Maybe
>> more than I think, but either those folk don't know the rules, he
>> wasn't all together, or he was banking on the ignorance of the
>> employees. That would not be too hard to bank on either. He just lost
>> out on that one. I'd say he came out pretty well though with a free
>> night in the hotel  as a result of his activities.
>>
>> xo
>>
>> On Sep 6, 2013, at 7:19 PM, Aleeha Dudley <blindcowgirl1993 at gmail.com>
>> wrote:
>>
>>> I'm going to state my honest opinion here and say the airline was in
>>> the right here. I agree that the dog should have been on the floor of
>>> the aircraft. It doesn't seem right that this passenger is using his
>>> disability and service to this country as an excuse for having the
>>> dog on a seat rather than the floor. In fact, he isn't being denied
>>> entry to the plane, but the airline is merely asking him to obey the
>>> guidelines issued by the same act this gentleman claims, and quite
>>> accurately so, gives him the right to have the dog. Just the fact
>>> that he speaks untruths so loudly landed him a spot in the media,
>>> which is quite disturbing.
>>> Aleeha and Dallas
>>>
>>> On 9/6/13, Ginger Kutsch <GingerKutsch at yahoo.com> wrote:
>>>> Disabled veteran kicked off US Airways plane, refused to put service
>>>> dog on floor
>>>>
>>>> Sep 05, 2013 8:46 PM EDT
>>>>
>>>> By FOX 10 News - Staff Report
>>>>
>>>> http://www.myfoxphoenix.com/story/23348254/2013/09/05/disabled-war-v
>>>> e
>>>> teran-k
>>>> icked-off-us-airways-plane
>>>>
>>>>
>>>>
>>>> A newly released video has put valley-based US Airways in a tough
>> position.
>>>> A Vietnam vet with a service dog got into a heated discussion with a
>>>> flight attendant and then was escorted off the plane for security
>> reasons.
>>>>
>>>>
>>>>
>>>> Video: "No! I'd appreciate if you'd get the hell off this ground and
>>>> get where we're going!"
>>>>
>>>>
>>>>
>>>> Emotions ran high onboard a US Airways flight from Phoenix to El
>>>> Paso. This video has gone viral.
>>>>
>>>>
>>>>
>>>> "I'm sorry folks but I've earned the right to have this service
>>>> animal because of my service to this country in Vietnam. I am 100
>>>> percent disabled, I have a service dog because of it and everyone
>>>> has to obey the ADA laws except this airline! So I'm sorry but I'm
>>>> not budging!"
>>>>
>>>>
>>>>
>>>> This passenger wants his service dog, a golden retriever, to remain
>>>> seated on the empty seat next to him.
>>>>
>>>>
>>>>
>>>> A US Airways spokesman said the rules are pretty clear. Service
>>>> animals are to remain on the ground and under the seat in front of you.
>>>>
>>>>
>>>>
>>>> "If the aircraft were to experience something in the air and it
>>>> needs to evacuate you don't want that animal to be in the way of
>>>> people getting off the aircraft," says US Airways spokesman John
> McDonald.
>>>>
>>>>
>>>>
>>>> McDonald says there was also the safety of other passengers at risk
> here.
>>>> The man told airport personnel he suffered from PTSD. They worried
>>>> he would get even more upset in the air.
>>>>
>>>>
>>>>
>>>> "We had had conversations to the customer trying to explain what was
>>>> going on. And the captain was involved when the flight attendant
>>>> wasn't able to resolve it and in fact, many of our captains are
>>>> former military people, this is an issue we are very familiar with
>>>> and unfortunately this gentleman's reaction was what resulted in the
>> incident."
>>>>
>>>>
>>>>
>>>> The Saturday flight was delayed. US Airways says it handled the
>>>> situation as best it could.
>>>>
>>>>
>>>>
>>>> Airport police cited the man with trespassing and booked him on
>>>> another flight.
>>>>
>>>>
>>>>
>>>> There wasn't another flight out on Saturday, so the man was rebooked
>>>> on Sunday flight. US Airways covered the cost for a hotel room for
>>>> the
>> night.
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> nagdu mailing list
>>>> nagdu at nfbnet.org
>>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>>> To unsubscribe, change your list options or get your account info
>>>> for
>>>> nagdu:
>>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/blindcowgirl1993%
>>>> 4
>>>> 0gmail.com
>>>>
>>>
>>> _______________________________________________
>>> nagdu mailing list
>>> nagdu at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>> nagdu:
>>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/cindyray%40gmail.c
>>> o
>>> m
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/margo.downey%40veri
>> zon.ne
>> t
>>
>>
>> _______________________________________________
>> nagdu mailing list
>> nagdu at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
> nagdu:
>> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/tami%40poodlemutt.c
>> om
>>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/gingerkutsch%40yahoo.com
>
>
> _______________________________________________
> nagdu mailing list
> nagdu at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
> To unsubscribe, change your list options or get your account info for nagdu:
> http://nfbnet.org/mailman/options/nagdu_nfbnet.org/tami%40poodlemutt.com
>