November 28, 2021
DOT: JetBlue & Southwest Broke Law by
Refusing Virginia Man Mask Exemptions
Decisions a Victory for Disabled Americans
Fighting Airlines’ Exclusionary Policies
Nov. 28, 2021
By LUCAS WALL
HENRICO COUNTY, Virginia – The U.S. Department of Transportation determined JetBlue Airways and Southwest Airlines violated federal law when they refused to grant a disabled Virginia man mask exemptions, a win for Americans with medical conditions battling the airlines over their extremely restrictive policies on face coverings.
DOT found JetBlue violated the Air Carrier Access Act by failing to provide an accommodation to a passenger with a disability with respect to the carrier’s mask policy for Kleanthis Andreadakis’ October 2020 request to fly maskless from Richmond, Virginia, to Boston, Massachusetts, for the birth of his first granddaughter.
“JetBlue’s mask policy that was in place at the time Mr. Andreadakis planned to travel failed to provide an exemption for passengers with disabilities who cannot wear or safely wear a mask due to their disabilities,” according to the Investigation Summary Sheet issued by DOT’s Office of General Counsel. “As a result, JetBlue did not conduct an individualized assessment to determine whether Mr. Andreadakis could not wear or safely wear a mask due to his disability and whether a reasonable accommodation could be made that would permit Mr. Andreadakis to fly safely without a mask. Therefore, we find that JetBlue violated the ACAA.”
Andreadakis, who is part of a group of 13 disabled flyers suing JetBlue, Southwest, and five other airlines for illegal mask discrimination, filed a complaint with DOT in October 2020, which took more than a year to resolve. He complained that JetBlue’s website at the time stipulated that all passengers over the age of two must wear a face covering over their nose and mouth throughout their journey, with no exemptions for medical conditions.
“In the carrier’s October 22, 2020, letter to Mr. Andreadakis, JetBlue confirms Mr. Andreadakis’ understanding of its mask policy by stating that it requires all customers over the age of 2 to wear a face covering over their nose and mouth throughout their journey, including during check-in, boarding, in flight and deplaning,” according to DOT. However, “The Air Carrier Access Act and its implementing regulation … require airlines to make reasonable accommodations, based on individualized assessments, for passengers with disabilities who are unable to wear or safely wear a mask due to their disabilities.”
DOT did not fine JetBlue for discriminating against Andreadakis, which he said is disturbing. He is considering challenging the lack of a penalty in the U.S. Court of Appeals for the Fourth Circuit in Richmond. He is already suing the Transportation Security Administration in the Court of Appeals to strike down the Federal Transportation Mask Mandate.
“For DOT to simply give JetBlue a pass on anything punitive for violating my civil rights is mind-boggling,” he said. “ACAA – the law that is supposed to protect the disabled in air travel – has been the law since 1986. DOT can’t abrogate airlines’ legal responsibilities under the law. It’s appalling that the agency charged by Congress with the protection and enforcement of civil rights for the disabled in air travel is not fining airlines for depriving me of the ability to fly, furthering the prejudices that the disabled endure daily.”
DOT also found Southwest violated the ACAA by failing to provide an accommodation for Andreadakis’ September 2020 request to fly maskless from Richmond to Tampa, Florida.
“Mr. Andreadakis was informed that anyone not wearing mask will not be allowed to travel on Southwest. In the carrier’s September 21, 2020, reply to Mr. Andreadakis, Southwest confirms Mr. Andreadakis’ allegation that a passenger who can not or refuses to wear a mask will not be allowed to travel on Southwest,” DOT wrote. “Southwest’s mask policy that was in place at the time Mr. Andreadakis planned to travel failed to provide an exemption for passengers with disabilities who cannot wear or safely wear a mask due to their disabilities. … Therefore, we find that Southwest violated the ACAA.”
But again, DOT did not fine Southwest for its illegal discrimination against the disabled. Both rulings allege that the air carriers have informed DOT that they have amended their mask policy to comply with the ACAA, but Andreadakis said that’s not true.
“It’s terrible that DOT found Southwest broke the law but imposed no penalty,” Andreadakis said. “Only a month ago, Southwest denied yet another mask-exemption request from me, clearly showing it hasn’t changed its policy to comply with the law. Something is very wrong at Southwest Airlines and even more so at the Department of Transportation.”
Plaintiffs in the class-action lawsuit have charged the seven airlines (Southwest, Alaska, Allegiant, Delta, Frontier, JetBlue, and Spirit) with conspiracy to interfere with civil rights by barring anyone who can’t wear a mask from flying. The complaint also charges the carriers with 29 other counts including infringing on the constitutional right to travel interstate and internationally; reckless endangerment; as well as breaking numerous provisions of the Air Carrier Access Act, Rehabilitation Act, and international treaties. The case is being litigated in the U.S. District Court in Orlando.
JetBlue has harshly treated those suing it for illegal discrimination, including placing the lead plaintiff in the class-action lawsuit Andreadakis is a participating in on its no-fly list last month. Lucas Wall has been stuck in Florida since early June, when Southwest Airlines and the Transportation Security Administration refused to grant him a mask exemption at Orlando International Airport. He sued the federal government June 7 to strike down the FTMM. A week later, he filed the lawsuit against Southwest, JetBlue, and five other airlines for their illegal discriminatory mask policies that prohibit those who are medically unable to cover their faces from flying.
Wall booked a ticket Oct. 12 and requested a mask exemption from JetBlue. He was shocked to receive an e-mail the next day that his ticket was canceled – with no explanation. During a phone call, a JetBlue supervisor told Wall the security department voided his booking. The airline later confirmed it had banned Wall. He filed a complaint Oct. 14 with DOT, which hasn’t been resolved.
“JetBlue continues discriminating against passengers with medical conditions who can’t wear masks,” he said. “DOT has shamefully failed to fine airlines for violating the Air Carrier Access Act regarding mask-exemption denials, which proliferate to this day. And it should not take 13 months to investigate a simple complaint such as the one Kleanthis filed.”
Wall said these DOT determinations that JetBlue and Southwest broke the law will be excellent evidence to present in court.
“We’ve offered to work with all seven carriers on a consent decree to halt their illegal behavior, but they have refused,” Wall said. “They must obey the Air Carrier Access Act and, at minimum, offer mask exemptions without mandating numerous illegal steps such as advance notice, coronavirus testing, and producing a doctor’s letter. They shall not further conspire with each other to bar the disabled from flying.”
The class-action lawsuit against seven airlines is Wall v. Southwest Airlines, No. 6:21-cv-1008, U.S. District Court for the Middle District of Florida Orlando Division. The lawsuit against TSA is Andreadakis v. Transportation Security Administration, No. 21-1237, U.S. Court of Appeals for the District of Columbia Circuit.
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