American Airlines is facing a lawsuit for violating the Americans with Disabilities Act after a flight attendant allegedly threatened a disabled passenger and had her removed from a plane in January because he didn’t like her two Bichon Frise service dogs.
Melanie Mellon, 73, from Fort Myers, Florida, says the male flight attendant who had her removed from the regional American Eagle plane was so aggressive in the way he spoke to her that she was left in fear of “actual physical retribution.”
In her recently filed lawsuit, Melanie says she has been a longtime American Airlines traveller and has travelled with her two Bichon Frises in an approved carrier on numerous occasions without incident.
That, however, all changed on January 3 when Melanie was traveling back to Fort Myers from Erie, Pennsylvania.
As there isn’t a direct flight between Erie and Fort Myers, Melanie had to book a connecting service through Charlotte with the first leg operated by American’s wholly owned regional subsidiary Piedmont Airlines.
Melanie arrived at the airport in plenty of time ahead of the scheduled 6 am departure and went to the check-in desk, where she informed the agent that she would need additional time to board the plane due to her disability.
The required paperwork for her service animals had already been completed, and she showed the forms to the agent without any issues being raised. She then headed through the TSA checkpoint to wait at the gate in advance of being called forward for pre-boarding.
But unlike her other flights with American Airlines, Melanie was never called forward for pre-boarding. When she inquired, the gate agent allegedly refused her request and continued on with general boarding.
Once on board the small Embraer ERJ regional jet, Melanie says she placed her two small Bichon Frise service dogs into a crate that fitted neatly underneath the seat in front of her, just like she had done on many other American Airlines flights.
But just at the moment that Melanie was expecting the boarding door to close ahead of departure, “suddenly and without warning nor justification, stood over her, and forced his face into her face, about 7 inches away, and in a threatening and intimidating manner, told her to get off the aircraft.”
Melanie was confused, but the flight attendant’s alleged behavior left no doubt that she faced the “imminent threat of bodily harm” if she didn’t comply with his demand.
“She feared, and became apprehensive based on the verbal and near physical attack, for her safety, and was certain that if she failed to immediately comply, she would be physically removed from the aircraft,” the complaint adds.
Melanie says the flight attendant refused to explain why she was being forced off the plane, and just kept on moving her along the aisle, as if he was in custody or under arrest.
Once she was off the airplane, her ordeal wasn’t over. Melanie says she was then held in a waiting area, against her will, but afraid to leave over concerns that this would get her in even more trouble.
So, what was the issue that meant Melanie was removed from this flight in such dramatic fashion? That hasn’t been fully revealed, although it seems to be closely connected to Melanie’s two service dogs.
Once Melanie was back at the ticket counter, she was told she would be allowed to travel on the next available flight, but only after she had paid a ‘pet in cabin’ fee. Not wanting to be delayed any further, Melanie paid the fee and was allowed on the next flight with her two Bichon Frises.
So, it seems, at least, like the issue was whether American Airlines believed the two dogs were service animals or pets… and there’s an important difference between the two.
Service animals can fly in the cabin for free, whereas American Airlines charges $150 per crate for pets.
Passengers with a service animal are required to complete and submit a Department of Transportation (DOT) Service Animal Air Transportation Form prior to travel, but AA says it’s ultimately its decision where an animal will be allowed to travel for free as a service animal.
Making this determination isn’t, however, easy. The DOT form is essentially based on trust, in which the owner certifies that their animal has been “individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”
Melanie is suing American Airlines for violating the Americans with Disabilities Act, along with intentional civil battery, assault, and confinement.
The lawsuit has been filed in the district court of the Western District of Pennsylvania under case number: 1:26-cv-00103
which service duties do they provide from the crate she places them into?
Exactly.
Apparently they were telepathic service dogs
Yes. I found it odd. As an ADA trained medical case manager I would be highly suspicious of someone who puts a service dog into a carrier. So, I have to wonder, did anyone take the time to ask her what task or tasks are the dogs individually trained to perform. Because, if you have 2 service dogs they must be trained to perform different tasks…..and, depending on the task then I’d love to know how they perform their tasks from under the seat in front of her. I suspect someone is misnaming her ESAs (emotional support animals) as service animals…..
Yipping and yapping. Very comforting for this mentally disabled person.
The complaint linked to the article answers this question.
Why didn’t you read it before posting?
If they are service animals, they won’t be in a crate. I don’t believe her account of the incident, since she’s already lied about her dogs being service animals.
Such horrible treatment of a handicapped person. She did everything Right. Who died and made him God? What a bully! Shame on him! If I was his mom, I would be both angry and embarrassed. He should have to apologize and compensate her gor her suffering and fear.
So, what function(s) does a crated animal perform? Since you are siding with the “handicapped” person, I’d like to know what medical value they are to this person. Emotional Support Animals are not supported under the ADA, so these two animals are either ESA or mere pets. I hope the court levies justice if she is being dishonest.
The complaint linked to this article answers that question, if you are truly interested in the answer.
Are you referring to the court filing and the information contained in the plaintiff’s complaint? If so, in my opinion the complaint doesn’t specify exactly what duties the animals would perform in specific situations from inside the crate.
The issue is, her dogs are NOT service animals as evidenced by the fact that they travel in a crate on the floor. SHE may be disabled (emphasis on “may”) but those are NOT service animals and, as emotional support animals (fancy title for pets) they are not entitled to fly free.
Different question, why does it matter. We’re they barking, buying people, peeing on the seats? It appears not, but the behavior, as described, seems like a couple of petty employees getting their personal needs met.
It matters because there is a $150 per animal fee to be paid and she didn’t pay it because she claimed they are service animals. Clearly a lie since a service animal would be unable to carry out their tasks whilst in a crate under a seat. If she lied about that, are you sure she didn’t lie about being disabled?
I will take MASSIVE exagerations of events or fake service animals for $1000
The duties of the service dog may have only been necessary when the customer was not just sitting or may only be required when she’s alone. I traveled with a medical alert dog who carried epipens and made sure they were always at hand because I go into anaphylaxis suddenly and randomly. Not necessary when there were people there. I’m not saying that’s the case with this woman but it’s possible. The employee was rude and had no knowledge and apparently didn’t even ask what work the dogs do. He’s supposed to ask if there’s an issue.
No, he’s supposed to ask what task or tasks are each dog trained to perform related to her disability. And the dogs must perform different tasks. I’m and ADA specialist, btw; having worked as a medical case manager for many years.
Do a google search for service dogs. A trained service dog can cost $15,000 or more. Last I checked you can purchase a certificate your dog is a service dog for $79.00. Comes with letter, a vest, and harness.
These scammers have been selling the service dog kits to keep pets in cabin for decades. I will say, I found the same price as 20 years ago.
TWO service dogs? I call bullsh*t.
For TWO passengers if you bothered to read the linked complaint.
The husband has his own service dog, a doodle of some kind.
It’s a Labradoodle. I guess when they travel together, they have all three animals with them. Must be fun to have that entire family on board.
I undestand 1 service animal but 2 seems off.
2 different passengers.
The article links to their complaint but does a poor job explaining it.
The article does not link to the complaint. If you would care to post a link to the complaint I would appreciate it, because everything I found on Google was locked behind a paywall.
The service dog element of this is a moot point based upon the fact that she had *TWO* dogs with her. There is not a service animal situation in which you would have need for TWO dogs, nor would were either treated by their owner as if they were service dogs since they were CRATED TOGETHER. The FA was in the wrong for the alleged aggression, but this lawsuit should be tossed.