Airlines seek to overturn Biden rules for travelers with wheelchairs

Major U.S. airlines are seeking to overturn a sweeping set of Biden-era rules that offered consumer protections to passengers with disabilities — including people who depend on wheelchairs, scooters and walkers — arguing in court filings that the Transportation Department exceeded its authority in putting the new requirements in place.

In a five-page filing with the U.S. Court of Appeals for the 5th Circuit on Tuesday, the airline trade group Airlines for America and five carriers — American, Delta, JetBlue, Southwest and United — argued that the rule is unlawful. The challenge to wheelchair rules is likely to be one of many as carriers seek to overturn or derail mandates put into place during the Biden administration.

The Trump administration has made it a goal to eliminate many of the Biden administration’s rules and initiatives, but so far it has not targeted Biden’s initiatives around air travel. The Transportation Department did not respond to a request for comment.

In addition to protections for people with wheelchairs and other passengers with disabilities, President Joe Biden had imposed requirements that airlines disclose fees for checking bags and changing or canceling a reservation. That rule was put on hold after a challenge by airlines. The administration also required that bathrooms on single-aisle aircraft be accessible to passengers with disabilities.

The measures to protect disabled passengers, finalized in December, included requirements that airlines provide enhanced annual training for employees and contractors who interact with disabled passengers. The new rule stated that passengers with disabilities should receive “prompt” assistance during their trip.

Under the rule, if a wheelchair or other device such as a scooter is checked but is delayed, missing or damaged, airlines must notify the passenger of their options, including that they have a right to file a claim with the airline or receive a loaner device. Government data shows that 1 in every 100 wheelchairs or scooters handled by carriers on domestic flights is damaged, delayed or lost.

The rule also imposed stricter penalties on carriers that mishandle passengers’ mobility devices.

The new provisions were hailed by members of the disabled community, who have long complained about substandard treatment when they traveled, including long waits to be assisted on or off planes and frequent mishandling of wheelchairs.

American, Delta, JetBlue, Southwest and United declined to comment, referring inquires to Airlines for America, which said in a statement that such rules are unnecessary because carriers have been making “meaningful progress enhancing service for passengers with disabilities” since signing a 2022 pledge.

“Progress has been made in four key areas aimed at improving the travel experience for passengers with mobility aids — reducing instances of wheelchair mishandling, advancing employee training and education programs, forming passenger accessibility advisory groups and supporting research for onboard accessibility solutions,” the trade group said.

In October, the Transportation Department fined American Airlines $50 million for multiple violations of laws aimed at protecting passengers who use wheelchairs after it found that between 2019 and 2023, the carrier failed to properly help travelers on and off planes, provided them with unsafe help and mishandled thousands of wheelchairs.

The airline agreed to pay the penalty and resolve the investigation, but it did not admit to any of the violations.

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• Ian Duncan contributed.