Flying can be very trying for anyone with a disability; but it's particularly hard on parents who have a child with a disability. It's even harder if that child lacks enough trunk support to remain upright while seated on an airplane. And although some Federal Aviation Administration (FAA) approved harnesses can be used for stabilization on younger children; most are prohibited after they reach a certain size. So what's a parent to do then? Well, if you're Mr. Joseph Ottenbreit and you want your 15-year-old daughter to continue to fly, then you get a little creative.
The Accessible Travel Problem
To be honest, this isn't a new problem to Mr. Ottenbreit and his daughter Avery. Avery, who lacks trunk support due her cerebral palsy, flew when she was smaller, with this assistance of the Cares Harness. This FAA-approved harness straps to the seat and can be used on children over one year old, who weight between 20 and 44 pounds and are under 40-inches tall. And at 73 pounds, Avery greatly exceeds the weight limit, so she was effectively grounded.
And it's not like the Ottenbreits haven't explored other options. In 2008 Avery was also denied boarding on her return flight to Regina, on Canada's WestJet. The flight attendants felt that her butterfly harness would interfere with safety procedures, so she was asked to disembark.
Mr. Ottenbreit grew weary of these denied boardings, so he took the matter up directly with the FAA.
Petitioning the FAA for Accessibility Rights
Mr. Ottenbreit petitioned the FAA on behalf of Avery, for an exemption from the FAA rule (14 CFR, 121.311b) that prohibited her from flying.
Mr. Ottenbreit argued that the Cares Harness could fully support an adult. He went on to explain that Cares established the 44-pound weight limit because a heavier passenger would be more likely to injure a passenger behind them, in the event of rapid deceleration or impact. So he proposed that Avery should be allowed to fly with the Cares Harness, as long as she's not seated directly in front of another passenger.
And in April 2009, his exemption was granted. Avery can now use the flight harness on any US airline, but she cannot fly unaccompanied. Additionally, she must give the airline 48-hours notice and she cannot occupy any seat with a passenger seated directly behind her. The exemption is good until March 31, 2011.
You Can Advocate for Accessible Travel, Too
So what does that mean for other parents facing the same problem? Is this a sign that the FAA is loosening up their regulations? In a word, no. Anyone is free to apply for an exemption, but parents should be cautioned that it's a lengthy process, and all exemptions must be submitted at least 120 days in advance.
In short, it's not a panacea; but if you have a special trip you want to take with your child, you have lots of lead time, and you don't mind a little red tape, it may work for you. Learn more about flight regulations for people with disabilities.