Washington, DC — Paralyzed Veterans of America (PVA) filed a motion this week with the U.S. Court of Appeals for the Fifth Circuit for leave to intervene in Airlines for America et al. v. U.S. Department of Transportation, a legal challenge brought by major U.S. airlines against a landmark Department of Transportation (DOT) rule that enhances safety and dignity for air travelers with disabilities. Democracy Forward and Relman Colfax PLLC represent the organization.

The regulation at the center of the case—Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs—was issued in December 2024 following years of advocacy from disability rights organizations, including a formal petition for rulemaking filed by PVA in 2022. The rule sets vital boarding assistance standards, mandates airline personnel training, and provides compensation and rebooking protections for passengers whose wheelchairs or scooters are damaged or mishandled during air travel.

In its motion, PVA argues that it and its members—U.S. military veterans —have a direct and protectable interest in defending the rule. The organization has led efforts for accessible air travel since the Air Carrier Access Act (ACAA) was passed in 1986 and has worked with Democracy Forward for years to advocate for travel rights for the disability community.

“Everyone should be able to travel with safety, dignity, and respect. Democracy Forward is proud to join this critical fight with our long-time client Paralyzed Veterans of America to protect the rights of disabled veterans and others with mobility disabilities, many of whom have been harmed for decades by unsafe airline practices,” said Robin Thurston, Legal Director at Democracy Forward. “The challenged rule is a direct result of years of advocacy and is a necessary step toward defending disabled travelers and their rights in air travel.”

“It has been nearly forty years since Congress passed the Air Carrier Access Act to prohibit discrimination against individuals with disabilities in air travel. Despite the protections of the ACAA, passengers with disabilities continue to encounter unsafe and discriminatory conditions when traveling. The DOT’s rule marks a significant step toward addressing the challenges that travelers have endured for far too long. We are honored to represent PVA, who has been leading the effort to protect the rights and safety of disabled travelers for decades, and to work with them to bring their experience and expertise to bear in this case,” said Alessandra Markano-Stark, Attorney at Relman Colfax PLLC.

PVA’s motion comes due to broad concern from disability advocates that the airline industry threatens hard-won protections for a population that faces disproportionate risks during air travel. From unsafe transfers that may result in injury to irreparable damage to power wheelchairs, many disabled passengers have long faced barriers that prevent them from flying. The motion underscores that no party in the case adequately represents its unique interest and that the organization must be at the table to defend regulations it helped shape, and that directly protect its members.

The motion to intervene can be read online here.

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