U.S. Airways Sued for Discriminating Against Disabled Passenger

The Dystonia Foundation has announced that Andy Gates, a frequent flier who uses a wheelchair and suffers from the rare neuromuscular disorder, is suing U.S. Airways after he was prevented from boarding a flight in June. The plane's captain felt he was too disabled to fly alone, according to a shift manager's statement in the lawsuit. The captain based his judgment on Gates' appearance, which can be spastic when his dystonia causes muscles to spasm and contract uncontrollably. Gates was already preauthorized to fly when the manager stopped him and denied access. The federal Air Carrier Access Act states that airlines cannot discriminate against passengers based on disability.

"All I wanted to do was to safely get to my destination. I've flown many times alone before this incident," said Gates. "It's unfair that someone simply looked at me and made a snap judgment about what I can or cannot do."

Gates filed a complaint U.S. Department of Transportation along with the lawsuit against U.S. Airways. When it comes to air travel, however, no right of action exists at the federal level for people discriminated against due to their disability. The Americans With Disabilities Act does not cover discrimination in the air, so the Air Carrier Access Act provides the only source of guidance.

The Executive Director of the Dystonia Medical Research Foundation, Janet Hieshetter, said the actions taken by U.S. Airways showed how little the public understands the disease.

"This alleged act of discrimination is unacceptable and sends a message that more needs to be done to educate the public about disabilities such as dystonia," said Hieshetter. "Dystonia comes in all forms and despite some of the challenges this disorder brings, many dystonia-affected individuals lead successful, independent, and fulfilling lives."

Dystonia affects the muscular system by causing muscles to spasm involuntarily. It is often confused with and misdiagnosed as cerebral palsy or mental disorders because it produces a twitchy, twisting appearance and unusual posture. As many as a third of the over 300,000 people diagnosed with the disease in America are children. Dystonia affects people of all backgrounds. It is also listed as a significant symptom of dozens of other diseases and conditions, the more common of which contribute to the confusion.

The pain and impairment it causes ranges from mild to severe. In Mr. Gates' case, the symptoms are such that he is able to cross short distances unassisted, and flying had never been a problem for him in the past.

Dystonia Foundation, Major US Airline Discriminates Against Disabled Passenger, Lawsuit Charges, Newswise