14 C.F.R. § 382.33

May carriers impose other restrictions on passengers with a disability that they do not impose on other passengers?

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(a) As a carrier, you must not subject passengers with a disability to restrictions that do not apply to other passengers, except as otherwise permitted in this part (e.g., advance notice requirements for certain services permitted by § 382.27).

(b) Restrictions you must not impose on passengers with a disability include, but are not limited to, the following:

(1) Restricting passengers” movement within the terminal;

(2) Requiring passengers to remain in a holding area or other location in order to receive transportation, services, or accommodations;

(3) Making passengers sit on blankets on the aircraft;

(4) Making passengers wear badges or other special identification (e.g., similar to badges worn by unaccompanied minors); or

(5) Otherwise mandating separate treatment for passengers with a disability, unless permitted or required by this part or other applicable Federal requirements.

Notes of Decisions

Cited in 2 cases, 1995–2001 · leading case: Love v. Delta Air Lines, 179 F. Supp. 2d 1313 (M.D. Ala. 2001).

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Love v. Delta Air Lines, 179 F. Supp. 2d 1313 (M.D. Ala. 2001). · cites it 3× “23 The notice required by 14 C.F.R. § 382.33 (b)(8) is as follows: [a] carrier may require up to 48 hours advance notice and one-hour advance check-in concerning a qualified individual with a disability who wishes to receive any of the following services, types of equipment, or…”

Adiutori v. Sky Harbor Int'l Airport, 880 F. Supp. 696 (D. Ariz. 1995). · cites it 2× “Air violated 14 C.F.R. § 382.33 (f), which provides: (f) If a qualified handicapped individual provides advance notice to a carrier, and the individual is forced to change to the flight of a different carrier because of the cancellation of the original flight or the substitution…”

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