Air Carrier Access Act
The Air Carrier Access Act of 1986 (ACAA) is Title 49, Section 41705 of the U.S. Code. The Act prohibits commercial airlines from discriminating against passengers with disabilities. The act was passed by the U.S. Congress in direct response to a narrow interpretation of Section 504 of the Rehabilitation Act of 1973 by the U.S. Supreme Court in U.S. Department of Transportation (DOT) v. Paralyzed Veterans of America (PVA). In PVA, the Supreme Court held that private, commercial air carriers are not liable under Section 504 because they are not "direct recipients" of federal funding to airports.
The Act was construed to contain an implied private right of action. However, in 2001, the U.S. Supreme Court decided Alexander v. Sandoval,[1] which held that federal courts may not find an implied private right unless a statute gives explicit indication that Congress intended to bestow such a right. In 2004, the U.S. Court of Appeals for the Tenth Circuit followed the lead of the US Court of Appeals for the Eleventh Circuit, which relied on the Sandoval decision to hold that the Act can only be enforced by filing an administrative complaint with the DOT.[2]
Notes
- ↑ 532 U.S. 275 (2001)
- ↑ Boswell v. SkyWest Airlines, Inc., 361 F.3d 1263 (10th Cir. 2004) and Love v. Delta Air Lines, 310 F.3d 1347 (11th Cir. 2002)