[NAGDU] More on the Delta requirements

Michael Forzano michaeldforzano at gmail.com
Sat Jan 20 00:05:41 UTC 2018


Hi Jenine,

There is a section here that states that airlines cannot require
advance notice. Does that not conflict with the section you mentioned?
https://www.transportation.gov/airconsumer/passengers-disabilities
"Airlines may not require advance notice that a person with a
disability is traveling."

Also interestingly there is an item in the FAQ on the service animal
page that states that the policy for Delta Sky Clubs is the same, in
other words documentation is required for them as well. Would an
airport not be covered under the ADA, rather than the ACAA since it is
a public facility? At what point does the ACAA trump the ADA?

And if a handler is not aware of the new policy, which is surely to
happen, what then? Can Delta really deny us boarding?

Mike

On 1/19/18, Jenine Stanley via NAGDU <nagdu at nfbnet.org> wrote:
> Much as I hate to point this out, as it was pointed out to me by my contact
> at DOT, the ACAA does allow for the type of policy Delta has instituted.
>
> Under section 117 (F) of the ACAA, there is a sentence, and sorry I haven’t
> copied it here, that does allow an airline to modify policies if animals
> endanger public safety.
>
> One of the things many of us stated during the ACCESS Committee’s work is
> that uncontrolled animals of any type pose a safety threat to our service
> animals. We did not ever mention health certificates being a solution to
> that safety threat, as technically for the issue, they are not.
>
> That said, let’s look at how this will play out. the DOT states that they
> will be monitoring Delta for compliance with the ACAA as the new policies
> roll out. I would hope so. It behooves us then to learn exactly what these
> policies state, what type of documentation is required and when, for what
> type of animal, and finally, what a violation of the ACAA involving these
> policies would look like.
>
> Just to hopefully get people to stop ranting, there is nothing here
> requiring anyone to have an ID from anywhere. That’s not even part of this
> discussion.
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