and convenience. Reviewing the facts presented, the Court denied the summary carriers’ judgment motion, noting that if Mr. Price was removed due to his appearance or involuntary behavior that offended, annoyed, or inconvenienced the passengers or crew, then the carrier violated the Air Carrier Access Act. Requiring a medical certificate to be presented by an individual with obvious or disclosed medical conditions can be a tricky situation. The regulations allow a carrier to require a medical certificate if there is as to whether the passenger can complete the flight “reasonable doubt” safely. But in doing so the airline had best base its decision on more than just the presence of the condition itself. In the plaintiff, a blind woman with cancer Newman v. American Airlines, Inc., and heart conditions, was removed from a flight when she could not provide a medical certificate demonstrating her fitness to fly. In a pre-Sandoval decision, the Court assumed that the claims for violations of the ACAA were actionable. The court disagreed with the plaintiff’s argument that the passenger was removed for safety reasons namely a question of carrier’s – whether the passenger herself could safely complete the flight. The passenger had disclosed the conditions at the time of the purchase of her ticket and had not been asked to bring a medical certificate; the passenger had flown the first half of her trip without incident; and at the time of boarding the passenger did not present with any discernable distress, pain, or anxiety. The Court opined instead that the to transport Newman may constitute exactly the type of carrier’s “refusal discrimination prohibited by the ACAA.” With the evaluation of medical equipment, it appears the Courts may be a bit more sympathetic to the requests for a medical certificate or other assurance of safe use. In airline’s the underlying issue Compass Airlines, LLC v. Montana Department of Labor & Industry, involved the initial refusal to transport a passenger who possessed a medical device a ventilator –
and convenience. Reviewing the facts presented, the Court denied the carriers’ summary judgment motion, noting that if Mr. Price was removed due to his appearance or involuntary behavior that offended, annoyed, or inconvenienced the passengers or crew, then the carrier violated the Air Carrier Access Act. Requiring a medical certificate to be presented by an individual with obvious or disclosed medical conditions can be a tricky situation. The regulations allow a carrier to require a medical certificate if there is “reasonable doubt” as to whether the passenger can complete the flight safely. But in doing so the airline had best base its decision on more than just the presence of the condition itself. In Newman v. American Airlines, Inc., the plaintiff, a blind woman with cancer and heart conditions, was removed from a flight when she could not provide a medical certificate demonstrating her fitness to fly. In a pre-Sandoval decision, the Court assumed that the plaintiff’s claims for violations of the ACAA were actionable. The court disagreed with the carrier’s argument that the passenger was removed for safety reasons – namely a question of whether the passenger herself could safely complete the flight. The passenger had disclosed the conditions at the time of the purchase of her ticket and had not been asked to bring a medical certificate; the passenger had flown the first half of her trip without incident; and at the time of boarding the passenger did not present with any discernable distress, pain, or anxiety. The Court opined instead that the carrier’s “refusal to transport Newman may constitute exactly the type of discrimination prohibited by the ACAA.” With the evaluation of medical equipment, it appears the Courts may be a bit more sympathetic to the airline’s requests for a medical certificate or other assurance of safe use. In Compass Airlines, LLC v. Montana Department of Labor & Industry, the underlying issue involved the initial refusal to transport a passenger who possessed a medical device – a ventilator