Read Part 1 of Quest's report on flying with a neuromuscular disease, "When Getting There Isn't Half the Fun".

What to do when things go wrong, and what's being done to improve air travel for people with disabilities

Nicholas Johnson is a frequent flyer for his job as a consulting engineer with a highly regarded Boston firm.

So imagine his surprise when, following a recent trip on a major U.S. airline, he not only lost his wheelchair, but his independence and his dignity - all in the time it takes to get off an airplane and claim your luggage.

Flying first class back home to Boston and traveling with a senior associate in his firm, Johnson had gate-checked his wheelchair, expecting it to be returned to him upon landing. As it turned out, the chair remained behind. But that was just the beginning.

Johnson, who has Friedreich's ataxia and is a member of MDA's National Task Force on Public Awareness, waited until everyone else departed the plane. There was no sign of his wheelchair, a narrow aisle chair to transfer him off the plane, or a concerned airline or airport employee to resolve the situation.

Eventually, Johnson had to be carried off the plane by his associate and placed into an airline wheelchair that was extremely difficult for Johnson to maneuver. Again, no one was available to push him in the chair, and Johnson was given further runaround as he was sent throughout the airport to fill out forms for lost "baggage."

Most conversations during the fiasco were directed at Johnson's senior associate instead of himself, with most airline employees "treating me like I was mentally impaired," he said. Johnson also had great difficulty maneuvering the bulky airline wheelchair in the men's restroom.

Johnson was so shaken by the ordeal that, when he phoned his girlfriend while driving home from the airport, she asked him to pull over because he sounded so upset.

"It would have been better if I was alone," to spare some of the embarrassment in front of his colleague, Johnson said. "It's taken me a while to establish myself as the independent professional that I am. I am an associate of one of the leading firms in the country. So for that to happen in front of another associate - one who's a senior associate - it kind of knocks the wind out of you."

Quest won't name the airline, since Johnson is now taking the ultimate step of filing a lawsuit for yet-to-be-determined compensation for the humiliation and emotional suffering he endured.

His is a story that rings familiar to many travelers with disabilities. But fortunately, similar stories peppered with insensitivity, incompetence and disrespect are starting to get the attention of airline and federal officials.

STATISTICS SPEAK VOLUMES

Recent action by the U.S. Department of Transportation is calling attention to problems that air travelers with disabilities experience.

Starting in September 1999, DOT officials began breaking out statistics that count disability-related complaints in the agency's monthly Air Travel Consumer Report. The report, available on the Internet or by contacting the DOT, tracks things like flight and baggage problems, airport data and complaints from customers.

Disability complaints - lost or damaged wheelchairs, mishandled transfers and deficient customer service - made to DOT previously were lumped into the "reservation/ticketing/boarding" category. No longer.

"We just felt fundamentally that disability complaints are really civil rights complaints, and those shouldn't be grouped with seating problems or baggage problems," said Nancy McFadden, general counsel for DOT.

Some recent data: In January 2000, 59 disability complaints were received against 11 U.S. airlines, both large and small. In the previous month, December 1999, 40 disability complaints were received against at least 12 airlines. (Four of the 40 complaints fell into the "Other U.S. Airlines" category, covering companies that had fewer than five complaints of any type against them for the month.)

These complaint statistics don't show how many travelers have disabilities, so percentage comparisons are difficult. And consumers should keep in mind that the number of complaints will likely be proportionate to the volume of passengers each airline carries.

"But we believe that it [breaking out disability complaints] does provide useful information to disabled passengers and other passengers," said Samuel Podberesky, the DOT's assistant general counsel for aviation enforcement.

Disability complaints are investigated by the DOT for possible violations of the Air Carrier Access Act of 1986. The ACAA prohibits discrimination on the basis of disability in air travel and requires U.S. air carriers to accommodate the needs of passengers with disabilities.

Airlines found in violation can be fined, and the DOT even has the power to issue "cease and desist" orders. Last year, one-time fines as high as $50,000 were handed down in several disability-related situations, Podberesky said.

Breaking out the disability complaint statistics helps shine a spotlight on offending airlines, McFadden said, and a recently passed federal law will likely make such numbers even more interesting.

AIR-21 TO SPOTLIGHT SERVICE PROBLEMS

Reporting and publishing statistics is just one element of the recently passed Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, nicknamed AIR-21.

AIR-21 mandates that now airlines will have to report any disability complaints they receive to the DOT, and the Secretary of Transportation in turn must regularly report them to Congress. That information will also be available to the public and be published in the Air Travel Consumer Report.

These numbers could be especially revealing, Podberesky said, as "we would suspect that airlines get 50 to 100 to even more complaints for every complaint that we receive."

AIR-21 includes a provision that increases the minimum penalties for ACAA violations from $1,100 to $10,000 per violation. AIR-21 also requires foreign carriers that share flights with domestic airlines to follow ACAA rules. In addition, the law requires that an outreach program be created to provide "technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities" outlined by laws like AIR-21 and the ACAA.

"AIR-21 is a significant step in the direction of improving the situation for the disabled air traveler," Podberesky said.

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