Deterra v. America West Airlines

Troy Deterra (plaintiff) was a paraplegic who used a wheelchair. Deterra, his brother, and his sister-in-law were scheduled to fly together on a flight operated by America West Airlines, Inc. (America West) (defendant). At the gate, Deterra asked whether he could board early because it was much more difficult for him to get into his seat after other passengers were already on the plane. America West’s gate agent refused to speak to Deterra directly, talking over his head to his brother and sister-in-law. Despite several attempts by Deterra and his relatives, America West’s agents refused to allow Deterra to board early, stating that the first-class passengers had already started boarding and that Deterra would have to wait until the end of the boarding process to get on the plane. During these exchanges, one of the gate agents made statements such as, “it’s going to have to wait until last” and “we can’t handle it now.” As Deterra understood these statements, the gate agent was referring to Deterra as an it, which he found demeaning. When Deterra’s sister-in-law asked to speak to a supervisor, she was given a phone number, but the person who answered said that there was no one available to help address any concerns about the situation. Eventually, Deterra’s brother blew up at an airline representative, causing Deterra, his brother, and his sister-in-law to be forced to take a later flight. Deterra sued America West. Among other claims, Deterra alleged that the airline had discriminated against him in violation of the Air Carrier Access Act by (1) refusing to speak to him directly and talking over his head, (2) referring to him as an it, and (3) failing to provide a complaint-resolution official at the gate to address his discrimination concerns. America West moved for summary judgment on the act’s claims.