Air Carrier Access Act
Encyclopedia
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
, 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.
Title 49 of the United States Code
Title 49 of the United States Code is a code that regards the role of transportation in the United States of America.The title was enacted by , § 1, October 17, 1978, ; , § 1, January 12, 1983, ; and , July 5, 1994,...
, 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
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 , codified at et seq., is American legislation that guarantees certain rights to people with disabilities. Section 504 is widely recognized as the first civil-rights statute for persons with disabilities. It took...
of 1973 by the U.S. Supreme Court in U.S. Department of Transportation ("DOT") v. Paralyzed Veterans of America
Paralyzed Veterans of America
The Paralyzed Veterans of America is a veterans' service organization in the United States of America, founded in 1946. The organization holds 34 chapters and 61 National Service Offices in the United States...
("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
Alexander v. Sandoval
Alexander v. Sandoval, 532 U.S. 275 , was a United States Supreme Court decision which held that a regulation enacted under Title VI of the Civil Rights Act of 1964 did not include a private right of action to allow private lawsuits based on evidence of disparate impact.-Background:In 1990 Alabama...
, 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.