Woman and Service Dog Unfairly Kicked Off WestJet Flight

[midwingcrisis]

http://blogs.browardpalmbeach.com/pulp/ ... ce_dog.php


Broward Woman and Service Dog Unfairly Kicked Off WestJet Flight, Lawsuit Says


Public nuisance?
Face it: The glam days of air travel are dead and buried. Now, it's $50 for that carry-on, $6.75 for water from the cart -- plus tax -- though attitude from overworked flight attendants is gratis.

According to a lawsuit filed in South Florida, one air carrier went overkill with the crummy service on a flight out of Fort Lauderdale-Hollywood International Airport. A sick lady and her dog were treated poorly, and the entire plane had to turn around on the tarmac and return to the gate.

Barry and Melissa Adler have a beef with WestJet Airlines, a Calgary-based airline that flies to 88 destinations across the Western Hemisphere. In September 2012, the Broward couple were scheduled to catch a WestJet flight from Fort Lauderdale to Toronto.

According to their complaint, Melissa Adler suffers from a number of medical conditions, including complex regional pain syndrome, a nervous system aliment that causes constant pain. As a result, she has a service dog -- a four-pound Yorkie. Before the flight, the Adlers "provided medical documentation in order to obtain approval for travel" with the dog, the lawsuit says. WestJet in turn "provided written agreement" that they were good to fly with the pup.

But at the gate on the day of the flight, the couple were told that the head flight attendant was concerned the animal might disturb other passengers if Melissa sat in her aisle seat. The couple agreed to move. Once they boarded, Melissa took sleep medication, and soon, both she and the Yorkie were snoozing.

But as the plane headed for the runway, the head flight attendant allegedly told Barry Adler that "she was not comfortable" with the couple on the plane and that "the airplane would be returning to the gate." The Adlers, including loopy Melissa, had to exit. No explanation was provided.

"They take the plane back and march these normal people off just because the flight attendant didn't want a service animal onboard," says Nolen Klein, the couple's lawyer. "I think it's incredible that a stewardess can just decide, 'You -- I don't want you on a plane.' "

That night, WestJet called to apologize and arranged for the couple to catch a flight the next day. Eventually, the Adlers filed a complaint with the U.S. Department of Transportation, which later found that WestJet had violated seven federal laws.

In late December, the couple filed a federal lawsuit against the airline based on claims of negligence and fraudulent representation. The case is still grinding through the legal system.

"We don't make public comments on court proceedings," WestJet's Robert Palmer told New Times in an email. "We speak through the documents we file and of course, during the proceedings themselves."

[Bede]

I've seen this time and again. Women needs service animal for "anxiety". The rules are clear, service animals need to stay under the seat for takeoff and landing. Then as soon as the FA turns around, the passenger grabs the pooch and holds it on her lap.

[Colonel Sanders]

But how can you resist a face like this?

[NeverBlue]

"I think it's incredible that a stewardess can just decide, 'You -- I don't want you on a plane.' "

...may be incredible...but a fact it is

a 4 pound Yorkie is a service dog?

[Illya Kuryakin]

NeverBlue.....you're a "breedist". That's like "racist", but for dogs!
Illya

[MattW]

It seems like maybe there's another side to this story

[JayVee]

I've seen this time and again. Women needs service animal for "anxiety". The rules are clear, service animals need to stay under the seat for takeoff and landing. Then as soon as the FA turns around, the passenger grabs the pooch and holds it on her lap.

Are you qualified to make an assessment on whether or not someone suffers from anxiety? Just wondering why you used quotation marks.

[Illya Kuryakin]

I've seen this time and again. Women needs service animal for "anxiety". The rules are clear, service animals need to stay under the seat for takeoff and landing. Then as soon as the FA turns around, the passenger grabs the pooch and holds it on her lap.

Guess you've never tried to stuff a GSD or full sized Lab under your seat on an airliner? Some people NEED their dogs. She had cleared it through the proper channels. I'm positive you've NEVER "seen this time and again....."
Illya

[CD]

I've seen this time and again. Women needs service animal for "anxiety". The rules are clear, service animals need to stay under the seat for takeoff and landing. Then as soon as the FA turns around, the passenger grabs the pooch and holds it on her lap.

The rules applicable in the US are different than those in Canada. For air carriers operating to or from the US, including foreign air carriers, 14 CFR 382 Nondiscrimination on the Basis of Disability in Air Travel is the applicable regulatory reference. This body of regulations does require air carriers to accept service or emotional support animals that are to be lap held.

The associated FAA guidance on the issue includes the following:

Order 8400.10 - FSAT 04-01A - Location and Placement of Service Animals on Aircraft Engaged in Public Air Transportation

B. Placement of lap held service animals. Lap held service animals (such as a monkey used by a person with mobility impairments) are discussed in the preamble to DOT Part 382 Nondiscrimination on the Basis of Disability in Air Travel, issued in 1990(FR Vol. 55, No. 44 361990, pg. 8042). They are service animals that need to be in a persons lap to perform a service for that person. This service animal may sit in that persons lap for all phases of flight including ground movement, take off and landing provided that the service animal is no larger than a lap-held child (a child who has not reached his or her second birthday).

In Canada, the CTA also has published guidance related to the carriage of service dogs but, to date, has not required Canadian air carriers to accept lap-held animals.

[Illya Kuryakin]

I hope she's successful with her suit. Sometimes the passengers require due consideration, regardless of the opinion of the goose stepper who thinks she's in charge.
If I had an FA kick off a service dog, she'd be getting off with the dog. We moan and groan about being PC......but ONLY when it suits us!

[CID]

You know, someone can blog something with "unfair" in the title but unless you hear all sides of the story, it doesn't mean it's true. I've seen my fair share of self-important morons get on airplanes with the attitude that the world owes them something. THIS may sound non-PC but often, when add a wheelchair to the equation, the sense of entitlement goes up a notch. Of course that doesn't apply to everyone in a wheelchair but if you have an attitude to begin with, it amplifies when you add a disability and an airplane for some reason.

I've seen people take pets out of their carry-on containers during flight. One lady who was told before flight that she must keep her cat in the carrier, took it out after take off and had the nerve to argue with the FA who told her to put it back!

I piped up and told her that if her cat crawled on me during the flight I would put it back for her and it might not survive. But I digress....

As far as the blogger's comment about the glamour days of flying, we (the public) get exactly what we asked for. We demand super cheap fares and the airlines respond by reducing the "perks" and we.....complain.

[ahramin]

No idea of the details of this particular incident but my parents have a friend who brags to everyone how easy it was to get papers for her dog to be an emotional support dog despite no need whatsoever. It's becoming quite a popular way to avoid animal handling fees for frequent travellers.

[pollyperkins]

I hope she's successful with her suit.

Sometimes the passengers require due consideration, regardless of the opinion of the goose stepper who thinks she's in charge.

If I had an FA kick off a service dog, she'd be getting off with the dog. We moan and groan about being PC......but ONLY when it suits us!

1) One reason why you'll never work at a major airline.
2) Sounds like you have an issue with FA's supporting in-cabin regs.
3) Spoken like a true unemployable liberal!

[CpnCrunch]

It does sound like there might have been some issue with the dog. It says the FA was concerned even before she got on the plane, and the article describes the dog as "loopy".

[Changes in Latitudes]

Question...if the post had said "Woman and Service Dog Unfairly Kicked Off Air Canada Flight", would the replies here be any different?

[TG]

There is probably two sides of this story.
One could be the F/A not being aware of this dog 'status'

In meanwhile,
I've seen a lady getting truly kicked out of a United flight by crew and security because she bluntly refused to put her Teckel in its bag.
40 + minutes ordeal at the gate!
3/4 of the passengers applauded when she finally crossed the exit door.
I think the last 1/4 had no clue of what was going on

And I missed my connection... All this because of a poor little dog who had no say to what happened.




I suspect Illya being either a Cat Driver or Doc's reincarnation.

[Illya Kuryakin]

I hope she's successful with her suit.

Sometimes the passengers require due consideration, regardless of the opinion of the goose stepper who thinks she's in charge.

If I had an FA kick off a service dog, she'd be getting off with the dog. We moan and groan about being PC......but ONLY when it suits us!

1) One reason why you'll never work at a major airline.
2) Sounds like you have an issue with FA's supporting in-cabin regs.
3) Spoken like a true unemployable liberal!

Any reason to turn this into a personal attack? I did the jet airline thing while your mommy was changing your nappies. Westjet is wrong here. It's not about me.....or YOU!
Illya

[182-SS]

I've seen this time and again. Women needs service animal for "anxiety". The rules are clear, service animals need to stay under the seat for takeoff and landing. Then as soon as the FA turns around, the passenger grabs the pooch and holds it on her lap.

Guess you've never tried to stuff a GSD or full sized Lab under your seat on an airliner? Some people NEED their dogs. She had cleared it through the proper channels. I'm positive you've NEVER "seen this time and again....."
Illya

You’re positive they haven’t seen this? Well I second them, I have seen this,, more than once as anyone who is a pilot or fly’s a lot would have. A little lap dog whose owner thinks they are a human gets the emotional support papers for them, Suddenly they are a service dog, they fly with them, are told to stow in their carry case for take off and landing (or the whole flight) and they take them out as soon as the flight attendant straps in. Its pretty common and an abuse of the system.

Having said that, who knows the whole story on this one. there is always two sides to every story weather you like the other side or not. If this lady was true to life severe anxiety, why was she flying? Most with anxiety that bad will not fly, service dog or not. Again, just saying there are questions and more than one side.

[co-joe]

It seems like maybe there's another side to this story

Nonsense. The media always gets it right the first time.

[co-joe]

No idea of the details of this particular incident but my parents have a friend who brags to everyone how easy it was to get papers for her dog to be an emotional support dog despite no need whatsoever. It's becoming quite a popular way to avoid animal handling fees for frequent travellers.

Also a great way to keep Air Canada from killing your dog by putting its cage next to the exhaust pipe of a truck...

[Pratt X 3]

Once they boarded, Melissa took sleep medication, and soon, both she and the Yorkie were snoozing.

But as the plane headed for the runway, the head flight attendant allegedly told Barry Adler that "she was not comfortable" with the couple on the plane and that "the airplane would be returning to the gate." The Adlers, including loopy Melissa, had to exit. No explanation was provided.

I'd be more concerned with this situation than the stupid dog. Why do people take sleeping pills before take-off? Aren't they concerned with being alert in case of something happening on take-off? Same thing with people taking their shoes off. Sudden stop and their size 7's are 4 rows ahead of them. Try running through the wreckage in bare feet. Idiots.

[digits_]

I'd be more concerned with this situation than the stupid dog. Why do people take sleeping pills before take-off? Aren't they concerned with being alert in case of something happening on take-off? Same thing with people taking their shoes off. Sudden stop and their size 7's are 4 rows ahead of them. Try running through the wreckage in bare feet. Idiots.

That is a hell of an argument though: "Just relax, no need to be afraid, everything is perfectly fine. Don't go to sleep though, just in case something happens. Enjoy your flight and thank you for flying ABC"

[Illya Kuryakin]

Once they boarded, Melissa took sleep medication, and soon, both she and the Yorkie were snoozing.

But as the plane headed for the runway, the head flight attendant allegedly told Barry Adler that "she was not comfortable" with the couple on the plane and that "the airplane would be returning to the gate." The Adlers, including loopy Melissa, had to exit. No explanation was provided.

I'd be more concerned with this situation than the stupid dog. Why do people take sleeping pills before take-off? Aren't they concerned with being alert in case of something happening on take-off? Same thing with people taking their shoes off. Sudden stop and their size 7's are 4 rows ahead of them. Try running through the wreckage in bare feet. Idiots.

For sure leave your shoes on. Better still, force passengers to wear steel toes....and nomex suits. After all there just might be a CRASH! Turn the seats to face aft. Way safer. Piss on what the passengers want. They're only PAYING YOUR WAGES! So, that's no meds, can't fly with anxiety, can't fly with a service dog (unless you're blind)...stupid is alive and well. Good to know.
Illya

[Bede]

Guess you've never tried to stuff a GSD or full sized Lab under your seat on an airliner? Some people NEED their dogs. She had cleared it through the proper channels. I'm positive you've NEVER "seen this time and again....."
Illya

Actually, yes I have. Probably about 3 or 4 times now. I have never seen an issue with service dogs for visually or hearing impaired. They seem to sit where they're supposed. On the other hand, we had some little "service dog" run around the cabin under peoples feet until I grabbed it by the neck (I was DH).

She may have cleared it through the proper channels but the dog still needs to follow the rules. I have some serious doubts that a crew just kicked a passenger off the plane for no reason.

Nice to see you're waiting to hear both sides of the story before casting judgment on the "goose-stepper". That's quite the CRM you've got going on. I bet you're a treat to fly with.

[azimuthaviation]

Face it: The glam days of air travel are dead and buried.

Actually they are still around, theyre in first class.