[NAGDU] More on the Delta requirements

[Jenine Stanley]

The ACAA is full of conflicts and contradictions.  I have no other words. 

> On Jan 19, 2018, at 7:05 PM, Michael Forzano via NAGDU <nagdu at nfbnet.org> wrote:
> 
> 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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> 
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