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Wrong Seat
ChrisCrossings · July 22, 1999

Q: My spouse is larger than the average person and the average airline seat. He barely fits in the seat and usually has to lift the armrest between us. The seatbelt also is usually tight. I feel he is being discriminated against because of his size. Does he have any rights under the laws to be offered a larger seat or an empty seat next to him?

- Gayle Amherst

A: Yes. Your husband has the right to buy an upgrade. He has the right to not fly. But he doesn't have the right to a bigger seat because of his size.

A careful reading of the rules and regulations, including the Americans With Disabilities Act, the Code of Federal Regulations and the airlines' own contract of carriage makes it crystal clear that your height and weight are no reason for special consideration, at least when it comes to your airline seat.

What the federal regulations are useful for is preventing any airline from barring your husband from the plane just because he's too big. A look at the law suggests no carrier could stop you from flying. (You want the chapter and verse? OK. Check out the Code of Federal Regulations, title 49, Subtitle A, part 27 for the details on Uncle Sam's nondiscrimination policy. I like to use Cornell's handy search engine to get there.)

I know this isn't exactly helping.

It's probably a coincidence that on the same day I got your question, I received another e-mail from a reader with a tip that a class action lawsuit was underway against several airlines for making economy class so cramped. I wouldn't be surprised to see such a suit move forward quickly, given the recent public outcry on the seats. I think that if such a case ever materialized, a clever lawyer might try to leverage federal regulations, airline contracts, the ADA, not to mention any local and state rules that would lead a reasonable jury to believe that today's airline seats discriminate against all kinds of people, including your husband.

I haven't mentioned this factoid in a while, but did you know that the 35-degree angle of the cattle-car seats is very same angle preferred by interrogators trying to deprive their subjects of sleep? Now you can say that those seats are really torture -- especially the ones that are locked in place in the exit rows and the back.

The best way of securing a bigger seat, or a seat with more room next to you, isn't by citing a rule. That's just going to irritate the ticket agent, who may be at the end of a 12-hour work day and send you and your husband to the rear of the plane just to make your life miserable. I've talked to gate agents who admit that they do that kind of thing when they encounter a testy traveler.

My recommendation is to be nice. Smile a little. You'd be surprised how far that'll go. Commiserate with your gate agent if appropriate. Something like "boy, I thought this line would never end," or "I really hope this is your last flight of the day," can turn the ground crew from ticket-takers into buddies who will do anything for you. I've seen this work myself.

Second, know what to ask for. Exit rows offer a spectacular amount of legroom because they're next to the door. On American planes, the pitch on these seats -- that's the distance between you and the next seat -- can be greater than 34 inches (Normally, it's around 28 inches.) Aisles are better than windows, the front is better than the back, first class is better than economy. But you already knew all of that.

If the gate agent snubs you, appeal to the cabin crew. Often they can move you to a more comfortable seat at their discretion. If they don't, then wait until the cabin doors close and find a better seat in the same class of service. Once the doors close, it's basically a free-for-all.

Of limited help in a case like this would be the special services desk of an airline. They're here to help if you're in a wheelchair or attached to an IV, but if you tell them your husband is tall or large, they'll probably laugh at you.

It's unfair, I know, but hang in there. I think this is going to change soon.

Christopher Elliott can be reached at christopher@elliott.org. Or visit his home page at http://www.elliott.org.