Lopez v. Jet Blue Airways, 662 F.3d 593 (2d Cir. 2011). · Go Syfert
Lopez v. Jet Blue Airways, 662 F.3d 593 (2d Cir. 2011). Cases Citing This Book View Copy Cite
111 citation events (111 in the last 25 years) across 23 distinct courts.
Strongest positive: Lussoro v. Ocean Financial Federal Credit Union (nyed, 2020-04-22)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lussoro v. Ocean Financial Federal Credit Union (2×) also: Cited as authority (rule)
E.D.N.Y · 2020 · quote attribution · 1 verbatim quote · confidence high
the statute does not expressly provide a right to sue the air carrier, and that right should not be implied because the statute provides an administrative enforcement scheme designed to vindicate fully the rights of disabled passengers.
examined Cited as authority (verbatim quote) Kellie Stokes v. Southwest Airlines (4×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
5th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
he text and structure of the show that congress chose to accomplish goal through means other than private enforcement actions in the district courts.
cited Cited as authority (rule) Valerie Flores v. Carvana
N.D.N.Y. · 2026 · confidence medium
Appx. at 53 (citing Republic of Iraq v. ABB AG, 768 F.3d 145, 171 (2d Cir. 2014); Lopez v. Jet Blue Airways, 662 F.3d 593, 597-98 (2d Cir. 2011); George v. N.Y.C.
discussed Cited as authority (rule) Abadi v. Fauci (2×) also: Cited "see, e.g."
2d Cir. · 2025 · confidence medium
As the district court explained, Abadi’s ACAA claims failed as a matter of law because the ACAA “does not expressly provide a right to sue the air carrier,” Abadi I, 2024 WL 1346437 , at *30, and 8 we have held that there is no implied private right of action because “the text and structure of the ACAA manifests no congressional intent to create a private right of action in a federal district court,” Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011).
discussed Cited as authority (rule) Baerga v. City of New York
S.D.N.Y. · 2025 · confidence medium
At this stage, the task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotations and citations omitted).
discussed Cited as authority (rule) Miller v. Delta Airlines, Inc.
E.D. Mich. · 2024 · confidence medium
Airlines, 887 F.3d 199, 205 (5th Cir. 2018) Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011); Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1266, 1269 (10th Cir. 2004); Love v. Delta Air Lines, 310 F.3d 1347,1359 (11th 3 The Third Circuit and D.C.
discussed Cited as authority (rule) Tan v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Lee v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Merson v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Scully v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Felix v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Florio v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Ulanch v. Goldman Sachs Group, Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Florio v. Goldman Sachs Group Inc.
S.D.N.Y. · 2024 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Rodrguez-Gonzlez v. American Airlines, Inc.
D.P.R. · 2024 · confidence medium
Airlines, 887 F.3d 199, 203 (5th Cir. 2018) (concluding that “[t]he ACAA confers no private right to sue in federal district court.”); López v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011) (holding that the ACAA “does not expressly provide a right to sue the air carrier, and that right should not be implied because the statute provides an administrative enforcement scheme designed to vindicate fully the rights of disabled passengers.”); Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1270 (10th Cir. 2004) (holding that “Congress’s creation of specific means of enforcing th…
discussed Cited as authority (rule) Directv, LLC v. Nexstar Media Group, Inc.
S.D.N.Y. · 2024 · confidence medium
The task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) Diallo v. New York City Police Department
S.D.N.Y. · 2024 · confidence medium
For now, the task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) BAE Systems Information and Electronic Systems Integration Inc. v. L3Harris Cincinnati Electronics Corporation
S.D.N.Y. · 2024 · confidence medium
For now, the task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) K.S. v. City of New York
S.D.N.Y. · 2023 · confidence medium
For now, the task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) Griffin v. Jacobi Medical Center
S.D.N.Y. · 2023 · confidence medium
For now, the task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) Klaneski v. State Farm Mutual Automobile Insurance Company
D. Conn. · 2023 · confidence medium
“Determinations that a federal statute does not provide a private right of action are typically subject to dismissal under Federal Rule of Civil Procedure 12(b)(6) . . . for failure to state a claim.” Fair v. Verizon Commc’ns Inc., 621 F. App’x 52, 53 (2d Cir. 2015) (citing Republic of Iraq v. ABB AG, 768 F.3d 145, 171 (2d Cir. 2014); Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011); and George v. N.Y.C.
discussed Cited as authority (rule) Klaneski v. State Farm Mutual Automobile Insurance Company
D. Conn. · 2023 · confidence medium
“Determinations that a federal statute does not provide a private right of action are typically subject to dismissal under Federal Rule of Civil Procedure 12(b)(6) . . . for failure to state a claim.” Fair v. Verizon Commc’ns Inc., 621 F. App’x 52, 53 (2d Cir. 2015) (citing Republic of Iraq v. ABB AG, 768 F.3d 145, 171 (2d Cir. 2014); Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011); and George v. N.Y.C.
discussed Cited as authority (rule) Tan v. Goldman Sachs Group Inc.
S.D.N.Y. · 2023 · confidence medium
The Court does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Hines v. Spirit Airlines Inc.
D. Mass. · 2022 · confidence medium
PRAC., CONSUMER LAW § 4:14 (4th ed.) (noting that federal statutes often preempt state laws that could regulate air travel); Lopez v. Jet Blue Airways, 662 F.3d 593, 597-98 (2d Cir. 2011) (noting consensus among the federal circuits that the ACAA precludes private rights of action against air carriers).
discussed Cited as authority (rule) Seklecki v. Centers for Disease Control & Prevention
D. Mass. · 2022 · confidence medium
Airlines, 887 F.3d 199 , 202–03 (5th Cir. 2018); Lopez v. JetBlue Airways, 662 F.3d 593, 597 (2d Cir. 2011); Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1270 (10th Cir. 2004); Love v. Delta Air Lines, 310 F.3d 1347, 1354 (11th Cir. 2002).
discussed Cited as authority (rule) Henry v. Southwest Airlines (2×) also: Cited "see"
E.D. La. · 2022 · confidence medium
See Texas Workforce Comm'n v. United States Dep't of Educ., 973 F.3d 383 (5th Cir. 2020) (quoting Conn. Nat'l Bank v. Germain, 503 U.S. 249, 254 , 112 S.Ct. 1146 , 117 L.Ed.2d 391 (1992) (“When the words of a statute are unambiguous ... judicial inquiry is complete.”)); Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (holding that “[a]ir carriers are not liable under [the ADA] for disability discrimination in the provision of services related to air transportation.”).
discussed Cited as authority (rule) Henry v. Southwest Airlines
E.D. La. · 2022 · confidence medium
While the ACAA “prohibits airlines from discriminating on the basis of disability, it does not expressly provide a right to sue the air carrier.” Id. (citing Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011)).
discussed Cited as authority (rule) Kasilingam v. Tilray, Inc.
S.D.N.Y. · 2021 · confidence medium
It does not “assay the weight of the evidence which might be offered,” but rather the complaint’s “legal feasibility.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir, 2011) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Armstrong v. Southwest Airlines Co
N.D. Tex. · 2021 · confidence medium
And “every federal court to reach the issue has held that the ACAA’s text and structure preclude a private right of action.” Id. at 202 (citing Lopez v. Jet Blue Airways, 662 F.3d 593, 597-98 (2d Cir. 2011); Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1269-70 (10th Cir. 2004); Love v. Delta Air Lines, 310 F.3d 1347, 1354-59 (11th Cir. 2002)).
cited Cited as authority (rule) Hines v. New York State Department of Labor Staff
N.D.N.Y. · 2021 · confidence medium
Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011).
discussed Cited as authority (rule) Lopez v. Peapod, LLC.
S.D.N.Y. · 2021 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations,’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)), and none of the enumerated categories “even remotely resembles a gift card,” Taco Bell, 2020 WL 3263258 , at *5; see also Arby’s Franchisor, 2021 WL 878735 , at *5; Boston Market, 469 F. Supp. 3d at 139-41. “[A]lthough places of public accommodation need not be physical spaces, gift cards are not ‘places’ ... where goods are offered to customers.
cited Cited as authority (rule) Alvarado v. Allegiant Travel Company
S.D. Tex. · 2020 · confidence medium
Airlines, 887 F.3d 199, 205 (5th Cir. 2018). 18 Id. (citing Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011)) (internal quotations omitted). 19 Dkt.
discussed Cited as authority (rule) United States v. Montijo-Maysonet
1st Cir. · 2020 · confidence medium
Though the judge gave less weight to the "mitigating factors" than Montijo "thinks they deserved," Dávila-Bonilla, 968 F.3d at 12 (quoting Clogston, 662 F.3d at 593), the reasons the judge outlined were "fully sufficient to justify" Montijo's substantially-below-guideline sentence.
discussed Cited as authority (rule) Mendez v. Outback Steakhouse of Florida, LLC
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations,’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)–(L)), and none of the enumerated categories “even remotely resembles a gift card,” Taco Bell, 2020 WL 3263258 , at *5.
discussed Cited as authority (rule) Calcano v. Alamo Drafthouse Cinemas, LLC
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Murphy v. Little Caesar Enterprises, Inc.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Calcano v. Vineyard Vines, LLC
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Mendez v. BG Retail, LLC
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Lopez v. Williams-Sonoma Stores, Inc.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Sosa v. Zara USA, Inc.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Lopez v. Build-A-Bear Workshop, Inc.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Lopez v. Darden Restaurants, Inc.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)).
discussed Cited as authority (rule) Dominguez v. Taco Bell Corp.
S.D.N.Y. · 2020 · confidence medium
The ADA “enumerates 12 categories of ‘private entities’ that ‘are considered public accommodations.’” Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011) (quoting 42 U.S.C. § 12181 (7)(A)-(L)); accord Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, 56 Fed.
discussed Cited as authority (rule) Berlin v. Jetblue Airways Corporation
E.D.N.Y · 2020 · confidence medium
On April 27, 2018, the Court dismissed Plaintiff’s negligent training claim “pursuant to Lopez v. Jet Blue Airways, 662 F.3d 593, 599 (2d Cir. 2011), which held that there are no private causes of action under the [ACAA].” (Min.
discussed Cited as authority (rule) Hardie v. City of Albany
N.D.N.Y. · 2019 · confidence medium
No. 45.) But even though Hardie’s complaint is lacking in factual allegations to support this claim, the Second Circuit instructs the district courts to read a pro se plaintiff’s complaint liberally, see Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011), and it would be very difficult for Hardie as a pro se inmate to gather the necessary facts to support his claim at this early stage in the litigation—before discovery has even begun.
discussed Cited as authority (rule) Antonio Alarcon Adame v. Evir Corp.
S.D.N.Y. · 2019 · confidence medium
At the motion to dismiss stage, the court “assess[es] the legal feasibility of the complaint,” but does not “assay the weight of the evidence which might be offered in support thereof,” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir, 2011).
discussed Cited as authority (rule) JANE DOE v. ANONYMOUS INC.
S.D.N.Y. · 2019 · confidence medium
The Court only “assess[es] the legal feasibility of the complaint”; it does not “assay the weight of the evidence which might be offered in support thereof.” Lopez v. Jet Blue Airways, 662 F.3d 593, 596 (2d Cir. 2011) (internal quotation marks omitted).
discussed Cited as authority (rule) Robert Segalman v. Southwest Airlines Co.
9th Cir. · 2018 · confidence medium
See Stokes v. Southwest Airlines, 887 F.3d 199 , 202– 03 (5th Cir. 2018); Lopez v. Jet Blue Airways, 662 F.3d 593, 597 (2d Cir. 2011); Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1270 (10th Cir. 2004); Love v. Delta Air Lines, 310 F.3d 1347, 1354 (11th Cir. 2002).
discussed Cited as authority (rule) Hicks v. Marchman
2d Cir. · 2018 · confidence medium
Lopez v. Jet Blue 9 Airways, 662 F.3d 593, 596 (2d Cir. 2011). 10 Hicks’s complaint alleges, among other things, that the officers used 11 impermissibly suggestive identification procedures to encourage the victim, T.T., 12 to identify Hicks as her assailant from a photographic array and then failed to 13 disclose the use of those suggestive procedures to the District Attorney’s Office. 14 Had that been the only allegation, we would have affirmed the District Court’s 15 dismissal of the fabrication claim because the state criminal court assumed the 16 procedures were suggestive, excluded…
discussed Cited as authority (rule) AAA Northeast v. Port Authority of New York & New Jersey
S.D.N.Y. · 2016 · confidence medium
Alexander v. Sandoval, 532 U.S. 275, 288 , 121 S.Ct. 1511 , 149 L.Ed.2d 517 (2001); Lopez v. Jet Blue Ainvays, 662 F.3d 593, 596 (2d Cir. 2011); see also Lindsay v. Ass’n of Prof’l Flight Attendants, 581 F.3d 47 , 52 n.3 (2d Cir. 2009) (noting that the four-factored test in Cort v. Ash is subordinate to an analysis of the statutory text).
Retrieving the full opinion text from the archive…
Mary LOPEZ, Plaintiff-Appellant,
v.
JET BLUE AIRWAYS, Defendant-Appellee
Docket 10-3550-cv.
Court of Appeals for the Second Circuit.
Dec 1, 2011.
662 F.3d 593
Gabriel E. Estadella, Law Office of Gabriel E. Estadella PLLC, Brooklyn, NY, for Plaintiff-Appellant., Matthew A. Steinberg (Daniel D. Schudroff, on the brief), Jackson Lewis LLP, New York, NY, for Defendant-Appellee.
Cabranes, Livingston, Chin.
Cited by 88 opinions  |  Published
6 passages pin-cited by 16 cases
Pinpoint authority: #3,093 of 633,719
Citer courts: First Circuit (16)
JOSÉ A. CABRANES, Circuit Judge:

We consider here, as matters of first impression in this Court, (1) whether the Air Carrier Access Act of 1986 (“ACAA”), 49 U.S.C. § 41705, provides a private cause of action against air carriers for disability discrimination; and (2) whether Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, excludes air carriers from liability for discrimination in the provision of services in airport terminals used primarily to facilitate air transportation.

Plaintiff-appellant Mary Lopez appeals a judgment of the United States District Court for the Eastern District of New York (John Gleeson, Judge) entered August 20, 2010 dismissing her disability discrimination claims against appellee Jet Blue Airways (“JetBlue”) under the ACAA and the ADA for failure to state a claim upon which relief can be granted. Fed. R.Civ.P. 12(b)(6).

BACKGROUND

Lopez alleges that she requires wheelchair assistance as a result of her disability, reflex sympathetic dystrophy, and that JetBlue discriminated against her by failing to provide timely wheelchair assistance during her July 3, 2009 flight from John F. Kennedy International Airport in New York (“JFK”) to Aguadilla International Airport in Aguadilla, Puerto Rico (“Aguadilla”), as well as during her July 10, 2009 return flight from Aguadilla to JFK. According to Lopez, the wheelchair assistance she requested to board the flight at JFK on July 3, 2009 did not arrive until just before the aircraft door closed, and the delay caused pain and swelling in her foot, as well as resulting anguish, anxiety, and nightmares. In addition, Lopez asserts that she was not provided with wheelchair assistance in a timely fashion when she arrived at Aguadilla on July 10, 2009, for her return flight to JFK, and that when she landed at JFK she was taken by wheelchair to the baggage claim area but was not thereafter taken to her car.

On July 16, 2009, Lopez filed an administrative complaint with the Department of Transportation (“DOT”) against JetBlue based on her experiences on July 3, 2009, and July 10, 2009. JetBlue admitted that the wheelchair attendant was late in arriving at the gate on July 3, 2009, and apologized for the inconvenience. The DOT concluded that JetBlue had violated the federal regulation requiring that air earners “promptly provide or ensure the provision of assistance requested by or on behalf of passengers with a disability.” See 14 C.F.R. § 382.95(a). Regarding Lopez’s experiences on July 10, 2009, JetBlue denied any wrongdoing and the DOT was unable to determine whether JetBlue had violated any regulations in those instances. The DOT took no further action against JetBlue with respect to the complaint.

Lopez filed a pro se complaint against JetBlue in the District Court on April 6, 2010, and an amended complaint on April 15, 2010. JetBlue filed a motion to dismiss the amended complaint pursuant to Rule 12(b)(6) on June 3, 2010. The District Court granted the motion to dismiss on August 19, 2010, finding that, read liberally, Lopez’s complaint could be understood to assert claims pursuant to the ACAA and the ADA, neither of which entitled Lopez to bring an action against JetBlue under the circumstances presented.

[*596] I.

We review de novo the District Court’s dismissal of a complaint for failure to state a claim upon which relief can be granted, accepting all well-pleaded factual allegations in the complaint as true and drawing all inferences in favor of the plaintiff. See, e.g., Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir.2011). In reviewing a decision based on Rule 12(b)(6), our task “is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.” Sims v. Artuz, 230 F.3d 14, 20 (2d Cir.2000) (internal citation and quotation marks omitted). Moreover, a pro se complaint is entitled to a particularly liberal reading. See, e.g., Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (“[A] pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers and can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” (internal citation and quotation marks omitted)).

II.

We affirm the judgment of the District Court substantially for the reasons stated in its thoughtful and thorough opinion. See Lopez v. JetBlue Airways, No. 10-cv-1552, 2010 WL 3311428 (E.D.N.Y. Aug. 19, 2010).

A.

The ACAA prohibits air carriers from discriminating against “an otherwise qualified individual” because “the individual has a physical or mental impairment that substantially limits one or more major life activities.” 49 U.S.C. § 41705(a)(1). [1] Lopez’s complaint asserts conduct by Jet-Blue that arguably violates the ACAA and its implementing regulations. Indeed, the DOT concluded that JetBlue violated one of those regulations by failing to provide timely wheelchair assistance on July 3, 2009. Nevertheless, the ACAA does not expressly provide a private cause of action against an air carrier for violation of its terms, and the question presented, therefore, is whether a private right of action should be “implied.”

In Alexander v. Sandoval, 532 U.S. 275, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001), the Supreme Court strictly curtailed the authority of the courts to recognize implied rights of action, requiring that a review of the text and structure of a statute yield a clear manifestation of congressional intent to create a private cause of action before a court can find such a right to be implied. In ascertaining whether a private right of action exists, “[t]he judicial task is to interpret the statute Congress has passed to determine whether it displays an intent to create not just a private right but also a private remedy.” Id. at 286-87, 121 S.Ct. 1511. To this end, “[statutory intent ... is determinative, because [wjithout it, a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.” Id. Thus, the Court instructed, “[i]n determining whether statutes create private rights of action, as in interpreting statutes generally, legal context matters only to the ex[*597] tent it clarifies text.” Id. at 288, 121 S.Ct. 1511 (internal citation omitted).

Although we have not yet addressed whether a right of action should be implied from the text of the ACAA, four of our sister circuits have spoken on the matter. Prior to the Supreme Court’s decision in Sandoval, the Fifth and Eighth Circuits relied significantly on the ACAA’s legislative history to recognize an implied right. See Shinault v. Am. Airlines, Inc., 936 F.2d 796, 801 (5th Cir.1991); Tallarico v. Trans World Airlines, Inc., 881 F.2d 566, 568-69 (8th Cir.1989). Following Sandoval, the Tenth and Eleventh Circuits, relying on the authority provided by the Supreme Court in Sandoval, declined to rely on legislative history and found no congressional intent to create a private cause of action in the statutory text. See Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1269-71 (10th Cir.2004); Love v. Delta Air Lines, 310 F.3d 1347, 1354-60 (11th Cir.2002); see also Ruta v. Delta Airlines, Inc., 322 F.Supp.2d 391, 402-03 (S.D.N.Y. 2004) (“I am persuaded by the Eleventh Circuit’s decision in Love v. Delta Air Lines that there is no private right of action under the ACAA — at least since the United States Supreme Court’s decision in Alexander v. Sandoval [.]”).

We agree with the Tenth and Eleventh Circuits that the text and structure of the ACAA manifests no congressional intent to create a private right of action in a federal district court. The statute does not expressly provide a right to sue the air carrier, and that right should not be implied because the statute provides an administrative enforcement scheme designed to vindicate fully the rights of disabled passengers. An aggrieved passenger may file a written complaint alleging a violation of federal statutes regulating air travel (49 U.S.C. §§ 40101-46507), including the ACAA, 49 U.S.C. § 46101(a)(1); the DOT is generally required to investigate complaints that appear to be based on reasonable grounds, id 2 If, following such an investigation, including notice to the air carrier and an opportunity to be heard, the DOT concludes that the carrier has committed a violation, the DOT is required to issue an order to compel compliance with the applicable statutory provision. Id. § 46101(a)(4). The Secretary must investigate all received complaints alleging a violation of the ACAA, must review complaints directed to air carriers of disability discrimination, and must publish disability-related complaint data. Id. § 41705(c)(1)— (3). The DOT may also vindicate the claims of a meritorious complaint through a number of other means. [3]

The ACAA also provides a limited right of access to the federal courts by permitting an individual with a “substantial interest” in an administrative decision of the DOT to file a petition for review in a United States Court of Appeals. See id. § 46110(a). [4] Like the administrative-en[*598] forcement scheme, this limited right of review of an administrative decision suggests that Congress did not intend to otherwise allow access to federal courts under the statute. See Sandoval, 532 U.S. at 290, 121 S.Ct. 1511 (“The express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.”).

In sum, although the ACAA is intended to protect the passengers of air carriers against discrimination on the basis of disability, the text and structure of the statute show that Congress chose to accomplish this goal through means other than private enforcement actions in the district courts. The District Court thus properly dismissed the disability discrimination claim brought by Lopez pursuant to the ACAA.

B.

The District Court also read Lopez’s complaint to allege a cause of action under Title III of the ADA. Unlike the ACAA, Title III of the ADA explicitly provides a private right of action for injunctive relief for violations of a right granted thereunder. 42 U.S.C. § 12188(a); [5] see, e.g., Powell v. Nat’l Bd. of Med. Exam’rs, 364 F.3d 79, 86 (2d Cir.2004) (noting that private individuals may obtain injunctive relief for violations of Title III of the ADA).

We can conceive of two claims Lopez may have brought under the ADA: (1) disability discrimination in the provision of “specified public transportation services,” 42 U.S.C. § 12184, and (2) disability discrimination in a “place of public accommodation,” 42 U.S.C. § 12182.

1. “Speciñed Public Transportation Services”

Title III of the ADA prohibits “private entities] that [are] primarily engaged in the business of transporting people” from discriminating on the basis of disability in the provision of “specified public transportation services.” 42 U.S.C. § 12184(a). [6] The statute defines “specified public transportation” as “transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.” 42 U.S.C. § 12181(10) (emphasis added). Air carriers are not liable under this section for disability discrimination in the provision of services related to air transportation.

In this case, Lopez cannot state a claim under § 12184(a) because the alleged discrimination occurred in the provision of services related to air transportation, and thus she did not experience discrimination in the “full and equal enjoyment of specified public transportation services.” Id. § 12184(a) (emphasis added).

[*599] 2. “Place of Public Accommodation”

Title III also prohibits “any person who owns, leases ..., or operates a place of public accommodation” from discriminating on the basis of disability in “any place of public accommodation.” Id. § 12182(a). [7] The statute enumerates 12 categories of “private entities” that “are considered public accommodations.” Id. § 12181(7)(A)-(L).

The only “public accommodation” category that is arguably relevant to this case is “a terminal, depot, or other station used for specified public transportation.” Id. § 12181(7)(G). The term “specified public transportation,” as defined in § 12181(10), limits when “a terminal, depot, or other station” may qualify as a “public accommodation” under Title III. Terminals, depots, or other stations are “considered public accommodations” under this category only if they are “used for” modes of transportation that fall within the statutory definition of “specified public transportation,” id. § 12181(7)(G) — namely, “transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special services (including charter service) on a regular and continuing basis,” id. § 12181(10) (emphasis added).

“Terminal, depot, or other station,” considered in conjunction with the aircraft exclusion, is most naturally read to exclude a facility in which surface or underground transportation is merely an auxiliary function and the facility is primarily devoted to air travel. Such a facility is not a “terminal, depot, or other station” pursuant to § 12181(7). Cf. ADA Title III Technical Assistance Manual Covering Public Accommodations and Commercial Facilities III-1.2000 (1998) (“In order to be considered a public accommodation with title III obligations, an entity must be private and it must ... [fjall within at least one of the following 12 categories: ... Public transportation terminals, depots, or stations (not including facilities relating to air transportation)....” (emphasis added)). Accordingly, public transportation terminals, depots, or stations used primarily to facilitate air transportation are not “public accommodationfs]” for purposes of Title III of the ADA. [8]

In this case, Lopez fails to state a claim under § 12182 because the alleged discrimination occurred at a facility used primarily for air transportation, and Title III does not contemplate a claim against an air carrier under those circumstances.

* * *

Accordingly, the District Court properly dismissed Lopez’s disability discrimination claim brought pursuant to Title III of the ADA.

CONCLUSION

The August 20, 2011 order of the District Court dismissing Lopez’s disability[*600] discrimination complaint is AFFIRMED because (1) no private right of action exists for a violation of the ACAA, and (2) an air carrier cannot be held liable under Title III of ADA for transportation services provided in airport terminals used primarily to facilitate air travel.

1

. “In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, may not discriminate against an otherwise qualified individual on the following grounds: (1) the individual has a physical or mental impairment that substantially limits one or more major life activities. ...” 49 U.S.C. § 41705(a)(1).

2

."A person may file a complaint in writing with the Secretary of Transportation [ (or the Under Secretary or Administrator) ] about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary, Under Secretary, or Administrator shall investigate the complaint if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation.” 49 U.S.C. § 46101(a)(1).

3

. The DOT has power to revoke an airline’s air carrier certificate, id. § 41110(a)(2)(B), impose fines, id. § 46301(a)(1), initiate an enforcement action in a federal district court, id. § 46106, or request that the Attorney General bring a civil enforcement action, see id. § 46107(b)(1).

4

. "[A] person disclosing a substantial interest in an order issued by the Secretary of Transportation [ (or the Under Secretary or Administrator) ] in whole or in part under this part ... may apply for review of the order by filing[*598] a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.” 49 U.S.C. § 46110(a).

5

. "The remedies and procedures set forth in section 2000a-3(a) of this title [which permits "a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order,” id. § 2000a-3(a) ] are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this sub-chapter. ...” 42 U.S.C. § 12188(a).

6

. "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.” 42 U.S.C. § 12184(a).

7

. "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42U.S.C. § 12182(a).

8

. We need not decide whether an air carrier may be held liable under different circumstances or different provisions of Title III. For example, we do not decide whether an air carrier could be found to be an owner, lessor, lessee, or operator of a public accommodation under one of the other definitions of that term. See 42 U.S.C. § 12181(7). Similarly, it remains an open question whether an air carrier could be held liable for disability discrimination either in the provision of travel services other than by aircraft, see id. § 12181(10), or in the provision of travel services located in "a terminal, depot, or other station” that is not primarily used for air travel, see id. § 12181 (Y)(G).