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Passing the Civil Rights Buck

Accessibility isn't just a matter of getting luggage on board

Hello fellow travelers. It is time now to talk about airline flights, and one of the problems you might encounter while flying.  Not long ago I sat on an airplane at Ronald Reagan National Airport in Washington D.C. waiting to travel to New York City.  Normally this would be no big deal.  It's only a 40-minute flight.  However, I sat on that airplane, on the runway, for three hours. I sat staring at the wheelchair symbol on the restroom door, a door about half as wide as my wheelchair, knowing that, even if the entry weren't a problem, the restroom would never accommodate someone who can't stand.  I had to use a bathroom.

 

Most of us think that the Federal Aviation Administration oversees the civil rights of airline passengers. This is not the case. The Department of Transportation (DOT) has the ultimate responsibility for making sure that aircraft are accessible to all passengers.  However, the DOT says that passenger comfort is the sole responsibility of the individual airlines.  It seems clear that, when talking about the civil rights of air travelers, a game of “Passing the Buck” starts to develop. 

 

Passengers with disabilities are supposed to be protected under the Air Carriers Access Act of 1986. However, when the Act was passed there wasn’t full agreement about what should be covered. Shorter-range aircraft, those that are used on flights no longer than three hours, were largely ignored. Unfortunately, trips under three hours in length encompass the majority of air travel.

 

Under the Act all aircraft are required to carry an aisle wheelchair to help those passengers with motor impairments, but only those aircraft that have two aisles (the longer range wide-bodies) are required to have an accessible restroom. Therein lies the problem.

 

The inability to access an on-board restroom is not just a problem when the plane is in the air.  It also becomes a problem when planes, and passengers, are delayed on the ground.  Allowing an aircraft to return to the gate would solve that problem.  However, there is no set policy by either the FAA or the DOT that deals with allowing planes to return to the gate when there is an extended delay.  The decision is left in the hands of the pilot, who follows the guidelines of the individual airline.  Often it is a hard decision to make.  When a departure window is offered to a pilot he has to take it or risk sitting on the ground for an extended period.  Returning to the gate often means losing a place in line for departure.  But, not returning to the gate can mean that a passenger with a disability will not be able to access a restroom when needed, and that can be a serious problem.

 

While it is the responsibility of the individual passenger to make sure that he has enough time before boarding a plane to deal with his own needs, it isn't enough for people to be flexible in their body's maintenance schedule.  While it serves the individual’s needs to check to make sure the proper equipment is onboard any plane they intend to fly, it is the responsibility of airline personnel to make sure each aircraft is up to code.

 

At the time the Air Carrier Access Act was being written disability groups advocated for accessible restrooms in single aisle as well as double aisle aircraft.  As newer aircraft are being manufactured perhaps it is time to revisit that question.  Perhaps it is also time to revisit the policies dealing with extended ground delays and make them uniform throughout the industry.  True accessibility isn't just a question of getting luggage and mobility aides on board effortlessly; it is a question of meeting the needs of all passengers.
Published Friday, July 07, 2006 5:34 PM by Robert

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About Robert

Robert Bennett is a social worker and writer who focuses on issues of disability. His articles, which appear in both local and national publications, have spanned a wide range of topics. He has spoken to groups of physical therapy students, church members and senior citizens, and has appeared on several radio programs.