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Disabled on Delta
ChrisCrossings · March 22, 2001

Q: I have been trying to get a flight from Tampa, Fla., to New York's JFK with accommodations for my oxygen-dependent wife.

Delta Air Lines, going against all common sense, tells me we can't avail ourselves of a direct flight but will have to accept flights with stopovers. This seems senseless and much more costly for the disabled customer. I will have to find some way to transport her from one terminal to another, as she cannot walk too far. We will also have to contract the services of an oxygen supplier to meet us at Atlanta airport for the one-hour stay to provide her with a mobile tank of oxygen while we are waiting.

I know that an act that was passed by Congress did not include oxygen-dependent people, but I get the impression that even though they say they will transport us, they are putting so many road blocks in front of us that they would rather not have to.

I have no clue as to why they will not allow us to take a direct flight no matter what I am willing to pay. Can you give me some reasons as to why? The airline can't or won't. I appreciate any help you can give.

-- Patrick Quinn

A: Your problem may be your choice of carrier. If Delta is giving you the runaround, the simplest solution may be to switch. You might try JetBlue Airways, which offers direct connections between Tampa and JFK. Most of the Delta itineraries connect through either Atlanta or Cincinnati, thanks to the airline's hub-and-spoke system, which is convenient for the airline but not necessarily for the passenger.

If you've already purchased the tickets - and it sounds as if you have - then you should first contact either your travel agent, or, if you've bought your tickets online, the airline. Who do you call? Start with Delta's special services desk at (800) 221-1212. Delta advises that you ask a Complaint Resolution Official (CRO) - an employee who's been specially trained and is aware of applicable Federal Aviation Administration and Department of Transportation disability regulations.

Here's where the proverbial rubber hits the runway. Delta is in the middle of a strike and its CROs may not be in the best of moods. You might get through to one that won't give you what you feel you deserve. (And that's really a good question - what do you deserve? I think it's reasonable to request a direct flight, but it isn't reasonable to ask for a discount to a fare with one or more connections.)

The Air Carriers Access Act of 1986 and the Americans With Disabilities Act of 1990 specify what the industry must to do to make its facilities more accessible to people with mobility impairments. There are numerous places on the Web where you can find the full text of both to review them.

The rules stipulate that under most circumstances, an airline may not refuse transportation to a passenger solely on the basis of a disability. Air carriers may not limit the number of passengers with disabilities on a particular flight. Carriers can't discriminate against your condition either, even if it may "offend, annoy, or be an inconvenience to crewmembers or other passengers." But carriers aren't compelled to provide medical oxygen under the law.

There's an excellent newsletter that may be of help to you called Emerging Horizons, edited by disability advocate Candy Harrington. You might consider checking out her Web site and signing up for the publication. Harrington tracks disability laws and any changes in them in each issue, and her insights could prove valuable to your next trip.

I think all of this could have been avoided by hiring a competent travel agent who understands not only your needs, but also the laws regarding disabled travel. Simply calling the airline for reservations or booking the tickets online doesn't make sense. Trying to change your itinerary once you've bought the tickets makes even less sense. And doing so during an airline strike makes zero sense.

It sounds like a case of bad planning, bad timing and bad luck. If you can't switch to JetBlue, you will be at the mercy of Delta Air Lines. And there's nothing I can do about that.

Christopher Elliott's column appears on Thursdays. All e-mailed questions to ChrisCrossings become property of Ticked.com and may be edited, condensed or republished at the site's discretion. You may reach Elliott at chris@ticked.com. Or visit his home page at http://www.elliott.org.