7 Airlines Don’t Deny Discriminating Against Passengers with Medical Conditions in Court Filing

Arguments Opposing Lawsuit over Illegal & Onerous

Mask Exemption Rules Based on Technicalities

Aug. 23, 2021; updated Aug. 27

By LUCAS WALL

ORLANDO, Florida – Seven airlines sued for illegally discriminating against passengers who can’t wear face masks filed arguments today in U.S. District Court not denying their actions banning disabled travelers from flying but relying on legal technicalities in an attempt to avoid liability.

Southwest Airlines, Alaska Airlines, Allegiant Air, Delta Air Lines, Frontier Airlines, JetBlue Airways, and Spirit Airlines all filed motions today to dismiss the lawsuit filed by Lucas Wall, 44, of Washington, D.C., who was unable to use tickets this summer he bought to fly on the carriers because of their onerous and illegal mask-exemption requirements.

Under court rules, Wall has three weeks to amend his complaint to address the airlines’ assertions that they are immune from being sued under the Air Carrier Access Act, a federal law protecting disabled airline passengers from discrimination. Wall plans to charge the airlines with conspiring to violate civil rights.

“These airlines aren’t going to avoid legal culpability for banning tens of millions of Americans who can’t tolerate wearing face coverings from using the nation’s aviation system,” Wall said. “I’ve offered to work with all seven carriers on a consent decree to halt their illegal behavior, but they have refused. They must obey the Air Carrier Access Act and offer mask exemptions without mandating numerous illegal steps such as advance notice, COVID-19 testing, and producing a doctor’s letter.”

Download the Motion to Dismiss filed by Southwest, Alaska, Delta, and JetBlue; the Motion to Dismiss filed by Allegiant and Frontier, and the Motion to Dismiss filed by Spirit. Download the case docket as of Aug. 27.

Wall filed suit June 14 against the airlines after was stopped from boarding his Southwest Airlines flight June 2 from Orlando to Fort Lauderdale for not wearing a face covering despite having submitted the required exemption form to Southwest on May 31 when he booked his ticket. Wall suffers from Generalized Anxiety Disorder, which causes him hyperventilation and panic attacks when he tries to cover his mouth and nose. He had tickets to fly this summer on the six other airlines he wasn’t able to use.

This case appears to be the first in the nation to challenge airline policies that make it practically impossible to obtain an exemption from the Federal Transportation Mask Mandate. Wall, who is fully vaccinated, is also suing President Biden and five federal agencies for illegally putting the FTMM into place. Read more about that case: Wall v. CDC.

Join my Facebook group: Americans Against Mask Mandates

Donate to my legal fund on GoFundMe: Help End Federal Transportation Mask Mandate