Kerline Jean-Francois, who has limited mobility due to arthritis in her hands and knees, requested wheelchair assistance at her gate for United flight 1423 from Newark to Atlanta on July 12, 2024. According to her amended complaint, the sole gate agent told her to wait, but after more than 30 minutes without assistance, Jean-Francois chose to board the plane on her own rather than miss her flight. She alleged the incident caused muscle strain, fatigue, joint pain, and emotional distress.
Judge Martinotti found that Jean-Francois could not pursue her primary claim under the Air Carrier Access Act because federal courts have consistently held the statute provides no private right of action for individual passengers. 'Jean-Francois lacks a legal basis to pursue a private cause under the ACAA,' Martinotti wrote, noting that while the Department of Transportation found United violated the law, only agencies can pursue enforcement actions under the statute.
Jean-Francois initially filed her lawsuit in New Jersey state court in May 2025, but United removed it to federal court. The DOT issued an investigative report in April 2025 finding that United had violated federal disability access requirements. Jean-Francois also brought claims under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Fourteenth Amendment, and various state law theories.
The judge dismissed the case without prejudice and gave Jean-Francois 30 days to file an amended complaint, though he warned that failure to do so would result in dismissal with prejudice. The ruling highlights the limited legal recourse available to airline passengers who experience disability-related service failures, as most federal aviation disability laws provide only for government enforcement rather than private lawsuits.