The Air Carrier Access Act of 1986 paved the way for accessibility by banning discrimination by air carriers based on disability. But many barriers are still faced by those with disabilities when attempting to travel. Some of these barriers affect people who are blind and have low vision, including the improper treatment of service animals and requests for accommodation and assistance that are ignored or delayed by staff. Often, individuals are unable to receive remedies after experiences like these, and there are few other ways to hold air carriers accountable for their actions.
The Air Carrier Access Amendments Act, S.4829 and H.R.9373, would help create further accountability for air carriers to make their space more accessible to all individuals in a few ways. First, the Secretary of Transportation would be required to assess civil penalties for violations if air carriers are discriminating against passengers. The Secretary of Transportation would also be required to refer patterns of discrimination to the Attorney General, who is able to take further action. In addition, the Act would also grant a private right of action in civil court, meaning that people could seek damages for the discrimination they face. By taking these steps, air carriers would be held responsible for making travel accessible to all individuals, something essential to preventing discrimination currently faced by people with disabilities. The bill also acknowledges the requirements of the ACAA overall need to be updated, and future legislation is needed to change the requirements now that better technology is available to create accessible travel.