On December 17, 2024, DOT issued the “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.” This rule came after years of advocacy from disability rights organizations, including a formal petition for rulemaking filed by Paralyzed Veterans of America (PVA) in 2022. 

The regulation 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.

On February 14, 2025, a coalition of major U.S. airlines challenged the rule, which raised concerns from disability advocates that the move could threaten 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. 

On March 21, 2025, PVA, represented by Democracy Forward and Relman Colfax PLLC, filed a motion to intervene in the case. PVA argued that it and its members—U.S. military veterans —have a direct and protectable interest in defending the rule.

Timeline

• February 14, 2025 — A coalition of major U.S. airlines files a petition for review against the Department of Transportation for the rule, Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs.
• March 21, 2025 — Paralyzed Veterans for America files a motion to intervene.
• April 4, 2025 — The Court of Appeals for the 5th Circuit grants PVA’s motion to intervene.
• June 5, 2025 — The Department of Transportation files a motion to stay the litigation pending its reconsideration of the rule.
• June 23, 2025 — The Court of Appeals for the 5th Circuit grants the DOT’s motion.

The case is Airlines for America et al. v. U.S. Department of Transportation.