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
