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Re: Pre-boarding remains out of control

rmartin
Explorer C

You can disagree all you want.  The other poster is correct.  First, airlines cannot require someone to identify themselves as having a disability in advance of the flight

§ 382.25 - May a carrier require a passenger with a disability to provide advance notice that he or she is traveling on a flight?

As a carrier, you must not require a passenger with a disability to provide advance notice of the fact that he or she is traveling on a flight.

 

Then:

§ 382.11(a)(4)You must not take any adverse action against an individual...

I'm not a lawyer but forcing people with disabilities to pay more so that they can preboard seems like an adverse action to me. For example, you show up, identify yourself as having a qualifying disability and need to preboard.  If they airline then says "oh, you'll need to pay more to in order for us to comply with this rule", that would definitely seem like the airline is taking an adverse action.

 

Then there's this section that says you cannot impose special charges in case the previous part wasn't clear enough.

§ 382.31 - May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?

(a) Except as otherwise provided in this part you must not, as a carrier, impose charges for providing facilities, equipment, or services that this rule requires to be provided to passengers with a disability. You may charge for services that this part does not require.

 

And there's also

§ 382.83(c) If you do not provide advance seat assignments to passengers, you must allow passengers specified in § 382.81 to board the aircraft before other passengers, including other “preboarded” passengers, so that the passengers needing seating accommodations can select seats that best meet their needs.

 So, as much as you'd like for the airline to discriminate and violate this rule, I feel confident in saying that WN isn't going to do that.

Re: Pre-boarding remains out of control

dfwskier
Aviator A

@rmartin wrote:

 

 So, as much as you'd like for the airline to discriminate and violate this rule, I feel confident in saying that WN isn't going to do that.


Thank you for your informative post. Lots of people in the past have suggested that SW do things that are not legal. Your factual post should put that to rest

 

Unfortunately, it won't. I invite you to stick around so you can educate more people in the future.

Re: Pre-boarding remains out of control

kDub2022
Explorer B

Thanks for the additional information.  So that applies to the person with the disability.  Where does the law say that the rest of the family gets to preboard with the disabled person??   I think the early post was suggesting the family members would need to buy the upgraded seats to board early - not the person with the disability.  

Re: Pre-boarding remains out of control

rmartin
Explorer C

Southwest is always free to do more than the rule calls for.  If they want to allow extra family members to board during preboarding, there's nothing stopping them. It's just not very customer friendly for the rest of the passengers. 

 

And for the person I was replying to, they definitely were suggesting Southwest violate the law by charging people with a disability to preboard.

Re: Pre-boarding remains out of control

Flyingforfun
Explorer A

So- because I am disabled and pre-boarded I should have to pay for Business Select? Umm, what about all the other things bundled into that fare besides being between A1-A15? Maybe I don't want a fully refundable fare with the option to change flights at no extra cost the day of travel. Maybe I don't want the extra RR points or the free alcoholic beverage, or to be in the Priority or Express Lane. I don't think the FAA would have me be compelled to purchase superfluous services simply to pre-board. In case you're wondering, the only person who flies with me is also disabled. We use our own folding electric mobility scooters instead of wheelchair service and gate check the scooters. Why? Because every time I have put a scooter into checked luggage it was damaged. Plus tipping wheelchair attendants is $80 for two of us, not counting skycap tips and baggage claim porter tips. So the next time you see someone in a wheelchair or on a scooter at the gate be grateful it's not you because you have no idea of how much work goes into our being able to travel. So what if you are past 15 rows. I would love to be able to walk the length of a 737 again. Sorry I don't just stay home to make life easier for you.

Re: Pre-boarding remains out of control

profjake
Explorer C

That would be discriminatory and federally illegal to require disabled passengers to pay more than non-disabled passengers. Unfortunately there will be a significant amount of fraud unless the Americans with Disabilities Act is repealed due to its wording where it states that you are not allowed to ask for proof of the disability.

Re: Pre-boarding remains out of control

CupCrusher40
Frequent Flyer B

miracle flights common. On the other hand, many Americans have leg problems to be fair

Re: Pre-boarding remains out of control

Flyingforfun
Explorer A

Leg problems. My foot was ripped off my leg in an accident that also crushed and smashed my ankle to bits. I should be an amputee at best, or dead from bleeding out. And some clowns begrudge my preboarding. 

Re: Pre-boarding remains out of control

flyerdmc
Explorer C

According to SWA policy, "If a Customer with a disability simply needs a little extra time to board, we will permit the Customer to board before Family Boarding, between the “A” and “B” groups."

 

This policy has not been followed at all as far as I can tell. I certainly have sympathy for those that have special accommodations for health or other challenges. However, SWA is the only airline I'm aware of where gate-agents seat pre-boards ahead of their priority, loyalty program, or extra-paying customers, in front of all the A1-A15's. This seems contrary to their own policy. And, it seems, a disproportionate number of passengers are taking advantage of this loophole.

 

I commend SWA for their accommodation of those with disabilities, however, since valid need-based pre-boards do not seem to be appropriately verified, I have decided to leave this craziness in favor of other airlines. I will use my accumulated points on SWA to depletion when it's convenient, but otherwise I've shifted my business to other airlines who actually follow their stated boarding procedures.

 

I consider jetblue to have better equipment, better seating options, respect for loyal customers in their boarding procedures, unlimited inflight wifi and messaging, and an overall better and much less stressful experience where I and my traveling companions can sit in comfort...TOGETHER.

 

Thank you SWA for showing me how not to treat your loyal customers.

 

Re: Pre-boarding remains out of control

TheMiddleSeat
Aviator A

@flyerdmc Without assigned seats there is no way to board special customers like yourself first, before preboarding.  There is also no legal way to verify the need to preboard.  The XT designation for extra time is used, I was just on a flight last week when people boarded in that position.  Enjoy the other airlines until they also do something you hate.

 

--TheMiddleSeat