[QUOTE=Harriet the Spry]
I was 100% behind SWA on this, until I saw the part about the childrens’ disabilities.
Bearing in mind the fairly serious disabilities of two of the children, I think the airline may have had *some * obligation to work with the situation due to the Americans with Disabilities Act. I don’t think the ADA in any way trumps the safety of the flight, but maybe it does open the door to requiring the airline to work with the mother to control the children, not just tell her to control the children or else. For example, maybe the airline should have allowed them to reschedule after letting the children get rested, calmed down, and fed, or some other reasonable accommodation could be found.
God help me if I ever had to transport 4 kids, 2 of them seriously disabled, across the country.
[/QUOTE]
If I recall correctly, the ADA doesn’t exactly apply to air travel. However, here’s something that does definitely apply, from the Department of Transportation:
[quote=]
§ 382.31 Refusal of transportation.
(a) Unless specifically permitted by a provision of this part, a carrier shall not refuse to provide transportation to a qualified individual with a disability on the basis of his or her disability.
(b) A carrier shall not refuse to provide transportation to a qualified individual with a disability solely because the person’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers.
(c) A carrier shall not refuse to provide transportation to qualified individuals with a disability by limiting the number of such persons who are permitted to travel on a given flight.
** (d) Carrier personnel, as authorized by 49U.S.C. 44902, 14 CFR 91.8, or 14 CFR 121.533, may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this Part. In the event that such action is inconsistent with the provisions of this Part, the carrier shall be subject to remedies provided under §382.65.**
(e) When a carrier refuses to provide transportation to any person on a basis relating to the individual’s disability, the carrier shall specify in writing to the person the basis for the refusal, including, where applicable, the reasonable and specific basis for the carrier’s opinion that transporting the person would or might be inimical to the safety of the flight. This written explanation shall be provided within 10 calendar days of the refusal of transportation.
[/quote]
Bolding mine, available along with lots of other stuff here. So if the kids were up and running around on the plane, that’s easily a safety issue and the airline was in the right for kicking them off.