A Streetcar Called Taraval

Note: First post about this at this link.
I read up on section 382 of the ACAA. ([PDF] http://airconsumer.ost.dot.gov/legislation/acaa/TAM-07-15-05.pdf) Text from the document in italics, bold added for emphasis.

I note that the following occurred during my experience with United:

After landing at SFO, I was wheeled to the customer service desk. I told the guy sitting at the desk that I had a complaint regarding access, disability and United. He told me to go to the website, as he was “not able to accept complaints in person.” I asked for his supervisor but he said the only way he was able to accept complaints was online.

(p25) You must make available a Complaints Resolution Official (CRO) at the airport – in person or by telephone or TTY — to address disability-related complaints that arise during the travel process at all times when your flights are operating at that airport. You must provide a CRO to a passenger even if the passenger does not use the term “Complaints Resolution Official” or “CRO.” When a passenger with a disability uses words such as “supervisor,” “manager,” “boss,” or “disability expert” in connection with resolving a disability-related issue, you must provide a CRO. [Sec. 382.65]

A. Complaint Procedures and Complaints Resolution Officials (CRO’s)
Carriers must (i) establish a procedure for resolving disability-related complaints raised by passengers with a disability and (ii) designate at least one CRO to be available to handle disability-related complaints at each airport the carrier serves. [Sec. 382.65(a)] Each CRO must be trained and thoroughly proficient with respect to the rights of passengers with disabilities under the ACAA and accompanying regulations. [Secs. 382.61(a)(7) and 382.65(a)(3)] The carrier must make a CRO available to any person who makes a disability-related complaint during all times the carrier is operating at an airport and should make that person aware of the existence of the Department of Transportation’s aviation consumer disability hotline for resolving issues related to
disability accommodations. The toll-free number for the hotline is 1-800-778-4838 
(voice) and 1-800-455-9880 (TTY).
Availability of the CRO
Carriers must make a CRO available at all times the carrier is operating at each airport it serves. [Secs. 382.65(a)(1) and (2)] The CRO may be made available in person or by 83 telephone. If the CRO is made available by telephone, it must be at no cost to the passenger. The CRO must be accessible via a TTY for passengers who are deaf or hard of hearing. If a passenger with a disability, or someone on behalf of a passenger with a disability, complains about an alleged violation or potential violation of the law, you must put the customer in touch with a CRO on duty. [Sec. 382.65(a)(1)] A CRO has the authority to resolve complaints by passengers with a disability on behalf of the carrier. [Sec. 382.65(a)(4)]

When asking for designated seating, I was told on 11/10 via phone I could upgrade for $40. I was put in a window seat on the right hand side of the plane. To accommodate me, I should have been put in the aisle seat on the left side of the plane. My right leg needs to be stretched out to not cramp up and cause extreme pain. (Just observing my seating choices on transit and the fact I get up at work 30 times an hour, it’s very evident I favor my left, uninjured leg.)

(p25) You must not charge for services that are required by part 382. This means, for example, you must not ask for a tip when providing wheelchair service to a passenger. You may, however, impose a reasonable charge for services not required by part 382, i.e., optional services. Examples of such optional services include medical oxygen for use on board an aircraft or stretcher service. [Sec. 382.57]

(p58) If the passenger has a fused or immobilized leg, you must provide a bulkhead seat if one exists or other seat with more legroom than other seats on the side of the aisle that best accommodates the passenger. [Sec. 382.38(a)(4)]

(62) Seating Accommodations for Passengers with a Disability Other than one of the Four Types Listed Above
Passengers with a disability – other than the types of passengers with a disability entitled to a seating accommodation in one of the four specific situations discussed above – may identify themselves as passengers with a disability and request a seating accommodation. [Sec. 382.38(c)]
In this case, a carrier employing the “block” method is not required to offer one of the “blocked” seats when the passenger with a disability makes a reservation more than 24 hours before the scheduled departure time of the flight. However, the carrier must assign the passenger with a disability any seat not already assigned to another passenger that accommodates the passenger’s needs, even if that seat is not available for assignment to the general passenger population at the time of the request. [Secs. 382.38(c)(1)(i) and (ii)]


When deboarding after the flight when I hurt so bad I could not walk, I was left in that wheelchair for 20-30 minutes unattended in the motorized walkway before the pilot noticed what was happening. I was not able to walk under my own power. The wheelchair was of the style that it is more a chair on casters. If it was a normal wheelchair with the big wheels, I could’ve propelled myself.

(p 67) You cannot leave a passenger in a boarding wheelchair or other device in which the passenger is not independently mobile for more than 30 minutes. [Sec. 382.39(a)(3)]
(p47-48)
NOTE: Carriers must not leave a passenger with a disability unattended in a ground wheelchair or other device in which the passenger is not independently mobile for more than 30 minutes. [Sec. 382.39(a)(3)]
(p23) You must provide timely enplaning, deplaning, and connecting assistance to passengers with disabilities requesting such assistance. As part of this duty, you must provide equipment (e.g., wheelchairs, electric carts, and aisle chairs) and personnel (e.g., individuals to propel wheelchairs and aisle chairs and individuals to assist passengers with disabilities in carrying and stowing their baggage). [Secs. 382.39(a)(1) and 382.39(b)(5)]

I am opening a complaint with the DOT today. I will continue to update this as things unfold. After reading through the ACAA guide, I am even more furious that my rights were willingly and knowingly violated several times by united airlines.