1 

### 2 3 4 

### 5 6 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

7 DONEDWARD WILLIAMS, 

### ) ) ) 

### ) 8 Complainant, 9 v. ) Docket DOT-OST-2011-0149 ) 10 SOUTHWESTAIRLINES CO., 

### ) 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 Respondent.

### ~ COMPLAINANT'S MOTION FOR ) LEAVE TO RESPOND TO THE

## ~ UNAUTHORIZED REPLY OF

### ~ SOUTHWEST AIRLINES CO. ) AND REQUEST FOR

# ~ EXPEDITION OFPROCEEDINGS 

### ) )

# ~ Formal Third-Party Complaint ) Filed onAugust 9, 2011**----------------------~**
Communications with respectto this matter shouldbe sentto: Pau1a D. Pearlman (SBN 109038) Paula.Pearlman@lls.edu Shawna L. Parks (SBN 208301) Shawna.Parks@lls.edu SurisaE. Rivers (SBN 250868) Surisa.Rivers@lls.edu DISABILITYRIGHTS LEGAL CENTER 800 S. Figueroa Street, Suite 1120 Los Angeles, CA 90017 Tel: (213) 736-1496; Fax: (213) 736-1428 Attorneys for COMPLAINANT

- I - COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 I. COMPLAINANT REQUESTS LEAVE TO FILE THIS RESPONSE TO THE 

### 2 UNAUTHORIZED REPLY OF SOUTHWEST AIRLINES CO. 3 Pursuantto 14 C.F.R. § 302.6(c)(2), Mr. Williams, the Complainant, respectfully 4 requests the Department ofTransportation ("DOT") to grantleave to file this response to the 5 unauthorizedReply filed by SouthwestAirlines Co. ("Southwest"), dated November21, 6 2011. 1 Mr. Williams objects to Southwest's Reply as an unauthorizedresponsive document 7 because "[e]xcept as otherwise provided, a replyto an answer, areplyto areply, orany 8 further responsive document is not authorized." 14 C.F.R. § 302.6(b). 9 Furthermore, Southwest failed to provide adequate good cause as required by 14 10 C.F.R. § 302.6(c)(2). Southwest's unauthorized Reply states, "[g]ood cause exists

...to 11 respondto erroneous statements, andwill provide the Departmentwith a more complete and 12 accurate record uponwhichto base its decision." Southwest'sReply, p. 2. 13 Incontrast, Southwest'sunauthorized Reply declined to present any concrete facts 14 that cameto lightthat it did nothave access to before. Instead, Southwest chose to make 15 false assertions aboutthe DOTprocedural rules and dubious allegations againstMr. Williams 16 withoutproperjustificationor evidence. 17 Accordingly, "[w]hereunauthorizedresponsive documents are not permitted, all 18 new matter contained in an answer ... shall be deemedcontroverted." 14 C.F.R. § 19 302.6(c)(3) (emphasis added). As a result, the DOT should deny both Southwest'srequest 20 for leave, andthe credibility ofSouthwest's contentions inits unauthorized Reply. 21 However, inthe eventthe DOT decides to accept Southwest's otherwise unauthorized 22 Reply, the DOT should also grantMr. Williams' motion for leave and acceptthis response. 23 Consequently, good cause subsists not onlyto identify Southwest'sfalse declaration ofthe 24 DOT'sRules ofPractice in Proceedings and failure to follow those rules, but also to establish 25 the appropriate rationale for the DOTto base its decisionupon. 26 27 1 Complainanthas been unable to verify a grant for leave bythe DOT after several phone calls to the DOT since Southwest's unauthorized filing. Therefore, out ofan abundance of 28 caution, Complainantrequests leaveto file this response. -2- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY

### 1 II. 2 3 SOUTHWESTFALSELY STATES BOTHTHERULES OF PRACTICE IN DOT PROCEEDINGS AND ITS COMPLIANCEWITH SUCH RULES. 

### As apreliminary matter, Southwest incorrectly asserts, "DOT proceedings are not 4 subject to 

### the PRCP and these arguments have no merit. The Department's proceedings are 5 governedby its Rules ofPractice contained in 14 CPRPart 302, with which Southwest has 6 complied." Southwest's Reply, p. 3 n.2. Contrary to Southwest's assertion, the Rules 7 Applicableto Enforcement Proceedings under SubpartD ofPart 302, which Southwest 8 admits governs the DOT proceedings, specifically states: 9 Atany time after an answer has beenfiled, 

### anypartymay file withthe DOT 10 decisionmaker orthe administrative lawjudge a motion to dismiss or a motion 

### 11 for summary judgment, 

### including supporting affidavits. Theprocedure on such 

### 12 motionsshall be in accordance with the FederalRules of CivilProcedure (28 13 U.S. C.), particularlyRules 6(d), 7(b), 12, and56

.... 

### 14 14 C.P.R.§ 302.4ll(a) (emphasis added). Thus, Southwest's attemptto avoid complying 15 with the PRCP withregards to its motionto dismiss mustfail. 16 In addition, Southwest did not comply with Part 302 in its violation of 14 C.P.R.§ 17 302.4ll(a)byprematurely filing its motion to dismiss. According to 14 C.P.R.§ 302.4ll(a), 18 Southwestmust first file an answerto Mr. Williams' formal complaintwiththe DOT, which 19 it failed to do, before filing its motionto dismiss. Thus, Southwest improperly filed its 20 motion to dismiss as its answer inviolation of 14 C.P.R.§ 302.4ll(a). 21 III. SOUTHWEST'S NEW CONTENTIONS RAISED IN ITS REPLY LACK 22 CREDIBILITYAND ARE SUBMITTED WITHOUTANY SUPPORTING 

### 23 EVIDENCE. 

### 24 Southwest's mostrecent contentions submitted in its unauthorized reply further 25 discreditthe credibility ofits own witnesses. 26 27 28 

### A. Southwest's RecentRefund to Mr. Williams Reflects the Inaccurate Information Provided in Southwest Employee's Declaration Submitted In Support ofIts Motion to Dismiss. -3- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY

### 1 Inresponse to Mr. Williams' Formal Third Party complaint, whichincluded 2 allegations that

### Mr. Williams neverreceived arefund for the flight he was denied on 3 February 15, 2011, Southwest initially claimedthat 

### itsent Mr. Williams a refund check in 4 February 2011. See 

### Declaration ofEllen MacMillanfiled in support ofSouthwest's 5 Answer/Motionto Dismiss ("MacMillanDec!."),**~** 

### 9. It

### is importantto note that Southwest 6 did not issue Mr. Williams arefund in response to learning thathe did notreceive arefund 7 check. In response to Southwest'sAnswer/Motionto Dismiss, Mr. Williams submitted a 8 Declaration stating thathe did notreceive a check from Southwest in support ofhis 9 Opposition, which further pointed outthat Southwest's claim to have already reimbursed him 10 was unsubstantiated as Southwestneverpresented any evidence ofan actual checkmade out 11 to Mr. Williams or ofany correspondenceto Mr. Williams regarding arefund. Instead, 12 Southwestwas only able to submit a declaration by Ellen MacMillan claiming that she 13 confirmed with Southwest's Finance Departmentthat Southwest mailed a refund of$133.70 14 to 

### Mr. Williams and a computer screenshotthatmerely authorized a refund to 

### Mr. Williams. 15 See 

### Exhibit C to MacMillan Dec!. 16 Despite Southwest'sprior affirmationthatitrefunded 

### Mr. Williams for the flight he 17 was denied and its employee's declarationto that effect, Southwestrecently sentMr. 18 Williams arefund check. In 

### an effortto explain away this discrepancy, Southwest states: 19 Inboththe Complaint and Opposition, Mr. Williams stated thathe did not 20 receive arefund for the unused portion ofhis Southwest ticket.

...However, 21 since Mr. Williams claims he never receivedthe refund, Southwesthas re

### 22 issuedthe refond, perstandardcompanypractice, andis mailing ittoday 

### to 23 the DRLC offices onbehalfof

### Mr. Williams. 24 Southwest's Reply, p. 2 n.1 (emphasis added). The earnestness ofSouthwest's explanation, 25 however, is doubtful for two reasons. First, according to Southwest'spurported "standard 26 company policy," Southwest should have refundedMr. Williams as soon as he informedthe 27 airline that he had notreceived arefund for the denied flight on February 24, 2011. 28 Nevertheless, Southwest failed to issue Mr. Williams a refund check after numerous phone
-4- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 calls soon afterthe incident (see Williams Decl. filed in support ofOppositionto Motionto 2**Dismiss,~** 13) or after being informedbyanAugust 12, 20llletter, explaining that Mr. 3 Williams was neverrefunded for the loss ofhis ticket. (See Declaration ofSurisaRivers, 4 ExhibitE). Likewise, Southwest did notissue Mr. Williams arefund check after the filing 5 ofhis Formal Third Party complaint. Indeed, Southwestnever informed Mr. Williams or 6 his counsel thatit intended to issuehim a refund after learningthathe did not receive any 7 check. Rather, Southwest only decidedto send arefund checkinresponseto 

### Mr. Williams' 8 Oppositionto Southwest'sMotionto Dismiss, which demonstratedthat Southwest's claim 9 that itprovided arefund was unsubstantiated. 10 Second, the purportedpolicyto refund a customer anytime that customer claims he 11 did notreceive arefund check appears unsustainable onits face. Certainly, a company as 12 large as Southwest, which issues refund checks to customers on a regularbasis, musthave a 13 system in placeto verify whether a customer actually received a refund checkbeforere14 issuing a new check. That is, Southwestmust have some reliable means oftracking and 15 determining whether a customer had been sentarefund check andwhetherthat checkhad 16 been cashed before agreeing to re-send another refund check. Without such a system, 17 Southwest, as well as any large business issuing refunds, would be susceptible to over18 refunding customers. 19 B. Southwest Provides No Evidence to Support its Bald Assertions 20 Regarding the Sufficiency ofits Training Programs 21 Southwestclaims thatit devotes extensive and appropriate resources to training and 22 compliance with Part 382, including the training ofa high number ofCompliantResolution 23 Officers. However, Southwestnoticeably fails to submit a shred ofevidence byway of 24 documentationor affidavitto supportthese new claims raised within its unauthorized Reply. 25 Suchfailure to provide documentary evidence as to Southwest'strainingto support 26 its Motionto Dismiss or unauthorized Reply is especially surprising inthat all airlines, 27 including Southwest, must incorporate procedures implementingthe requirements ofPart 28 382 "inthe manuals or other guidance or instructional materials" and "mustretain these - 5 - COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY

### 1 records for review 

### by the Department." 14 C.F.R. § 382.145(a) (emphasis added). 2 Nevertheless, to date Southwesthas not provided anyrecord ofthe training materials 3 provided for its employees in orderto proficiently trainthose employees inthe requirements 4 ofPart 382. 5 Furthermore, airlines "must retain for threeyears individual employee training 

### 6 records 

### demonstrating that all persons required to receive initial and refreshertraininghave 7 done so." 14 C.F.R. 

### § 382.145(b) (emphasis added). However, Southwest fails to provide 8 proofofany employee training records, including the specific training records ofLaRita 9 West and Ellen MacMillan, the Southwest employees who acted in violation ofPart 382. 10 AlthoughMs. West andMs. MacMillan declare they completed disability-relatedtraining, 11 there is no evidence ofSouthwest's official records establishingthat Ms. West and Ms. 12 MacMillan did infact complete the appropriate training as required by 14 C.F.R. § 13 382.145(b). 14 

## c. Southwest's New Assertions Regarding TheNumber ofCRO Available 

### 15 to Assist Customers ContradictIts Own Prior Sworn Statement and 

### 16 Thus Lack Credibility and Merit. 

### 17 Southwest's newclaims that itprovides a highnumber ofCROs for its customers, 18 raised inits Reply, contradict Southwest's ownprior sworn statement inits Answer/Motion 19 to Dismiss, and thus lack credibility. Inits unauthorized Reply, Southwest asserts, "[a]tthe 20 Phoenix Airport alone, Southwest has 45 trained CROs, which means thatan average of 12 

### 21 are on site andavailable to assist customers atall times." 

### Southwest's Reply, p. 5 22 (emphasis added). However, Ms. MacMillan, Southwest's 30-year employee and allegedly 23 experienced CRO, stated, "He [Mr. Williams] requestedto talkto my boss, and I explained 24 to him that there was no one else currently available because itwas very early in the 

### 25 morning." 

### MacMillan**Dec!.,~** 

### 5 (emphasis added). 26 Hence, Southwest's statement "that an average 12 [CROs] are on site and available 27 to assist customers at all times" directly contradicts Ms. MacMillan's sworn statementthat 28 "there was no one else currently available because itwas very early inthe morning."

- 6- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 Contra Southwest's Reply, p. 5; see MacMillan**Dec!.,~** 5. Accordingly, Southwest's claim 2 regarding CRO training is not only unsupported by any evidence but also disputedbyits 3 own prior evidence. 

### 4 IV. 

### 5 6 7 8 SOUTHWESTPERMITTED MR. WILLIAMS TO FLY WITH HIS SERVICE ANIMAL ON A SOUTHWEST FLIGHT FROM LOSANGELES TO PHOENIX, BUT REFUSED TO ALLOW HIM TO FLYHOME WITH THE SAME SERVICE ANIMAL ON HIS RETURN FLIGHT. Southwest'sunsound assertionthatthe dog inthe photographs with

### Mr. Williams 9 attached to Mr. Cuellar'sDeclaration is notthe dog that accompanied

### Mr. Williams onthe 10 date ofthe incident is preposterous. See ExhibitA to Declaration ofSteve A. Cuellar in 11 Support ofComplainant's Oppositionto Southwest Airlines' Motion to Dismiss ("Cuellar 12 Dec!."). Thus, Ms. West's Second Declaration claimingthat "[t]he small, white dog inthe 13 photographs attachedto 

### Mr. Cuellar's Declaration is notthe dog I observed with

### Mr. 14 Williams onFebruary 15, 2011," is notcredible. See Second Declaration ofLaRitaWest 15 ("West Second**Dec!."),~** 4, attached as Exhibit A to Southwest'sReply. 16 In addition, 

### Mr. Williams submits a Second Declaration attestingthat onFebruary 13, 17 2011, heflew withhis service animal on a Southwest flight from Los Angeles International 18 Airportto Phoenix Sky HarborAirport onthe departing flight ofhis round-trip ticket from 19 Southwestwithoutany trouble. See Second Declaration ofDonEdward Williams ("Williams 20 Second**Dec!."),~** 5, attached as ExhibitA. Mr. Williams testifies, "OnFebruary 15, 2011, I 21 approached a Southwest Airlines ticketcounter at the Phoenix Airportto reschedule my 22 return flight home to Los Angeles for that day withmy same service dog that I few to 23 Phoenix with on a SouthwestAirlines' flightjusttwo days prior." 

### !d. at**~** 6. 24 

### Mr. Williams further testifies, "I only have one service dog, which is the same service 25 dog that accompanied me both onFebruary 13,2011 when I departed on a Southwest 26 Airlines' flight from Los Angeles to Phoenix andtwo days later, onthe date ofthe incident, 27 inthe Phoenix Airport atissue inthis matter." Williams Second Dec!.,**~** 7. Moreover, Mr. 28 Williams declares thathe does nothave any other service dogs orpets thathe travels with on -7- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 flights. 

### Id.**at~** 8. 2 Consequently, even ifMr. Williams' service dog, which weighs less thanfive pounds, 3 was three times bigger andweighed fifteen pounds, Mr. Williams' service dog still would not 4 exceed Southwest'spet size requirements. Foremost, after Southwest deniedMr. Williams 5 boarding because ofhis service animal, Mr. Williams flew from Phoenixto Los Angeles with 6 his service animal onU.S. Airways, whichhas smallerpetrequirements than Southwest. 7 According to U.S. Airways' website, itpermits soft-sidedpetcarriers that are 17 inches long 8 by 16 inches wide by 10 inches tall, butreduces the dimensions to 8inches tallifitis a hard9 sided pet carrier. See Exhibit B. However, Southwest states onits website that itpermits pet 10 carriers as big as 19 inches long by 19 inches wide by 8.25 inches tall. See Exhibit C. As a 11 result, Southwest permits passengers to bringbiggerpets thanU.S. Airways permits. 12 Moreover, several reviews bytravelers ofSouthwest Airlines claimedthey traveled 13 withpets over fifteen pounds, which did not exceed Southwest'spet size requirements. 14 Accordingto reviews published onbringfido.com, Southwestpermitted passengers to travel 15 with a 25-pound Welsh corgi dog, a 22-pound Bostonterrier, a 10-pound dog and 7-pound 16 dog together, and finally a 13-pound cat and 11-pound cattogether. See ExhibitD. Thus, 17 Ms. West's Second Declaration contending, "[t]he dog thatMr. Williams broughtwithhim 18 to the airport onFebruary 15 was at leastthreetimes larger thanthe dog inthe picture," is 19 withoutmeritbecause Southwestpermitted larger pets onits flights. West Second Dec!.,**~** 5. 20 Accordingly, the DOT should not give any creditto Southwest's allegations offact because it 21 lacks credibility and merit. 22 V. 23 24 25 THE DOT SHOULD DENY SOUTHWEST'SMOTION TO DISMISS BECAUSEMATERIALISSUES OF FACT REMAIN UNRESOLVED AND SHOULD RESOLVE DOUBTS INFAVOR OF MR. WILIAMS. As stated earlier, in a motionto dismiss, the DOTrequires the proceduresto "be in 26 accordance withthe Federal Rules ofCivil Procedure (28 U.S.C.), particularly Rules 6(d), 27 7(b), 12, and 56

..." 14 C.F.R. § 302.41l(a). UnderRule 12, "amotionto dismiss a 28

- 8- COMPLAINANT'S RESPONSETO SOUTHWEST'S UNAUTHORIZED REPLY

### 1 complaint shouldnot be granted ifmaterial issues offact are unresolved." Powell 

### v. Sw. Bell 

### 2 

### Tel. Co., 494 F.2d 485,489 (5th Cir. 1974). 3 Inthe present case, there are at least four material issues offact that remain 4 unresolved, including: (1) whether Mr. Williams was denied boarding because Southwest 5 employees did notbelieve his dog was a service animal; (2) whetherthe Southwest 6 employees asked clarifying questions regarding Mr. Williams service animal before 7 demanding documentation; (3) whetherthe Southwest employees inappropriately demanded 8 documentation regarding Mr. Williams' service animal; and (4) whether Southwest's 9 purported reasons for denying 

### Mr. Williams boarding for improper behavior is pretextual. 10 Furthermore, accordingto Rule 12, "amotionto dismiss shouldbe disfavored, and 11 doubts should be resolved in favor ofthe pleader. Williams 

### v. Gorton, 

### 529 F.2d 668, 672 12 (9th Cir. 1976). Therefore, the DOT should deny Southwest's improper motionto dismiss. 13 In addition, Southwest'sunauthorized Reply erroneously cites the Order ofDismissal, 14 Order 2000-7-4, and Order Denying Petitionfor Review, Order 2000-9-15, DocketNo. 2000- 15 7009, for its authority in stating, "[u]nderthese circumstances there is no factual basis for 16 further enforcement action, norwouldthe public interestbe servedbythe Department doing 17 so." Southwest's Reply, p. 7 & 

### n.3. Nonetheless, Southwestneglects to mentionthatthe 18 Order ofDismissal in Ms. Caplan's complaintwas due to the fact that arecentconsentorder 19 issuedby the DOT, Order2000-3-24, covered similar violations ofPart 382 raisedbythe 20 complainant againstthe same airline carrier. 21 Inthe recent consentorder, the carrierhadbeen directed to cease anddesist from 22 similar violations inthe future, hadtaken remedial action withrespectto its trainingprogram 23 and hadpaid a civil penalty as prescribed inthe consent agreement covering all relevant 24 violations during theperiod discussed in Order 2000-3-24. Forthese reasons, the DOT 25 "believed a new and separate investigationto reexamine essentially similarmatters would 26 raise issues ofdoublejeopardyand fairness and wouldnotbe inthe public interest." 27 ComplaintofLouise 

### M. Caplanv. Continental Airlines, Inc. Under 49 U.S.C. §41705, Order 28 ofDismissal, OST Docket2000-7009, Order 2000-7-4, 2000 WL 942953 (D.O.T.), 1. -9- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 Here, the DOThas neither issued a recent consent order nor conducted an 2 investigationthat finds Southwestinviolation ofsimilar issues raised by

### Mr. Williams. As a 3 result, the Order ofDismissal in Order 2000-7-4 is inappropriate authority as citedby 4 Southwestin its unauthorized Reply. Thus, unlike the Order ofDismissal citedby 5 Southwest, Mr. Williams complaintraises entirely newissues not covered in any recent 6 consent order andthe public interest warrants further investigationofSouthwest's 7 noncompliance with Part 382. 

### 8 VI. 9 MR. WILLIAMS REQUESTS THE EXPEDITION OF PROCEEDINGS. Inthis motion, pursuantto 14 C.F.R. § 302.ll(e),Mr. Williams also requeststhe 10 expedition ofproceedings. Atthisjunction,

### Mr. Williams is notrequiredto prove his entire 11 case, especially without affording himthe opportunityto conduct discovery. However, 12 sufficient evidence exists to demonstrate that Southwest discriminated against

### Mr. Williams 13 onthe basis ofdisability andthat Southwestemployees failed to abide by the requirements of 14 the ACAA and 14 C.F.R. § 382 

### etseq. 15 VII. CONCLUSION 16 Forthe reasons stated above and inComplainant's Oppositionto Southwest'sMotion 17 to Dismiss, Mr. Williams respectfullyrequests the DOT to deny Southwest's Motionto 18 Dismiss and issue a notice instituting an enforcementproceeding against Southwest for 19 violations ofthe ACAA andthe DOT's implementingregulations under Part 382 because it 20 is inthe public interestto further investigatethis matter. 21 DATED: January

## 3Q_, 2012 22 23 24 25 26 27 28 Respectfully Submitted, DISABILITY RIGHTS LEGAL CENTER

# By~~ 'SUTiSll:E. 

## RiVe:&q: Attorneys for Complainant

- 10- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY1 

### 2 3 CERTIFICATE OF SERVICE

I, SurisaRivers, do hereby certify that onthis 30thday ofJanuary, 2012, a copy ofthe foregoing Motion for Leave to Respondto the Unauthorized Reply ofSouthwestAirlines 4 5 Co. and Request for ExpeditionofProceedings; SupportingExhibits and Declaration of 6 Surisa Rivers was served pursuantto 14 C.P.R. 302.7 uponthe following: 7 

### 8 9 10 11 12 

### 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 

### 26 27 28 Samuel Podberesky, Esq. Assistant General Counsel for AviationEnforcement and Proceedings Department ofTransportationDockets 400 7th Street, SW Washington, D.C. 20590 Rosalind A. Knapp, Esq. Deputy General Counsel Department ofTransportationDockets 400 7th Street, SW Washington, D.C. 20590 Dayton Lehman, Jr. Principal Deputy Assistant General Counsel AviationEnforcement & Proceedings DOT 1200 NewJersey Ave., SE Washington, DC 20590 Bymail and electronic mail (dayton.lehman@dot.gov) Leslie C. Abbott Attorney for SouthwestAirlines Co. Byelectronic mail (leslie.abbott@wnco.com)

- 11- COMPLAINANT'S RESPONSE TO SOUTHWEST'S UNAUTHORIZED REPLY

### 1 BEFORE THE 

### 2 3 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFTHE SECRETARY 

### 4 5 6 DONEDWARD WILLIAMS, 7 Complainant, 

### 8 v. 9 SOUTHWESTAIRLINES CO., I0 Respondent. 11 12 13 14 15 WASHINGTON, D.C. ) 

### ) ) ) ) Docket DOT-OST-2011-0149 

### ) ) ) DECLARATION OF SURISA ) RIVERS IN SUPPORT OF

### ~ COMPLAINANT'S RESPONSE ) TO SOUTHWEST AIRLINES' ) UNAUTHORIZED REPLY 

### ) ) ) Formal Third-Party Complaint

### ~ Filed on August 12, 2011 ) ) 16 17 18 

# ________________________)

19 20 21 

### 22 23 24 25 26 27 28 Communications withrespectto this matter should be sentto:

Declaration ofSurisa Rivers PaulaD. Pearlman (SBN 1 09038) Paula.Pearlman@lls.edu Shawna L. Parks (SBN 208301) Shawna.Parks@lls.edu SurisaE. Rivers (SBN 250868) SurisaRivers@lls.edu DISABILITY RIGHTS LEGAL CENTER 800 S. Figueroa Street, Suite 1120 Los Angeles, CA 90017 Tel: (213) 736-1496; Fax: (213) 736-1428 Attorneys for COMPLAINANT

01 DECLARATION OF SURISA RIVERS 2 I, SurisaRivers, hereby declare: 3 1. I makethis declarationbased onmypersonal knowledge and ifcalledto testify I 4 could andwould do so as follows: 

### 5 6 7 

### 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 

### 24 25 

### 26 27 28 

### 2. I am a Senior StaffAttorney at the DisabilityRights Legal Center and am counsel of record inthe pending matter. 3. A true and correct copy ofa letter datedAugust 12, 2011, which I sentto Southwest Airlines onbehalfofDonEdward Williams is attachedhereto as ExhibitE. I declare underpenalty ofperjury underthe laws ofCaliforniaand the United States thatthe foregoing is true and correctto the best ofmyknowledge and belief. Executedthis 30thday of 

### J•ow.y2012io "'"''""'"'·

# O.lif~i,.**~ ~**  SISARIVERS

Declaration ofSurisa Rivers

# EXHIBITE

# DRLC Disability Rights Legal Center www.disabilityrightslegalcenter.org August 12,2011 Gary C. Kelly Chairman of Board, President, and CEO Southwest Airlines 2702 Love Field Drive Dallas, Texas 75235-1647 

### Via Certified Mail

Re: Williams v. SouthwestAirlines Co. Dear Mr. Kelly: 

### Surisa E. Rivers Litigation Attorney Civil Rights Litigation Program Direct Line: 213-736-8306 E-mail: Surisa.Rivers@LLS.edu

Please be advised that the Disability Rights Legal Center has been retained to represent the interests of Mr. Don Edward Williams in his complaint for disability discrimination in air travel by SouthwestAirlines, Company ('Southwest"). The Disability Rights Legal Center ("DRLC") is a non-profit disability rights firm that enforces the civil rights of individuals with disabilities under the Air Carrier Access Act ("ACM"), Americans with Disabilities Act ("ADA"), and related federal and state disability rights statutes. 1 The purpose of this correspondence is to provide you with a description of Mr. Williams' disability discrimination claim against Southwest. Southwest refused and continues to refuse to provide any justification or refund for unlawfully revoking Mr. Williams' already purchased ticket to travel on the premise that he was required to have documentation to travel with his service animal. Thus, Southwest denied not only equal access, but also the enjoyment and benefit of air travel services offered by Southwestto Mr. Williams due to his disability, which is offered to persons without a disability. Mr. Williams demands that Southwest modify its practice, policies and procedures so that persons with a disability requiring a service animal will enjoy the same services provided by Southwest as individuals without disabilities. I. Background Mr. Williams previously purchased a round trip ticket for a flight (number 2176) departing at 7:05 PM from Los Angeles International Airport ("LAX") and arriving at 9:20

1This letter is sent without prejudice to Mr. Williams' rights and claims and does not include his negligence, intentional tort, state discrimination, and/or non-disability related civil rights claims. 800 Figueroa St., Suite 1120, Los Angeles, CA 90017 • Telephone (213) 736-1031 • TDD (213)736-8310/8311 • Facsimile (213) 736-1428 PROTECTING THE POSSIBILITIES SIMCE 1975 FoundedIn MemoryofA Milton Miller WWW.DISABILITYRIGHTSLEGALCENTER.ORGSouthwest Airlines August 12, 2011 Page 2 of7 PM to Phoenix, Arizona on February 13, 2011, with a return flight (number 648) on February 14, 2011, departing from Phoenix at 2:45PM. Mr. Williams purchased this ticket from Southwest Airlines in Los Angeles, California for $267.40. Consequently, on February 14, 2011, Mr. Williams decided to remain in Phoenix and fly back to LAX on February 15, 2011. He called Southwest Airlines and informed a customer service agent about the change in his flight plans and arranged to change his flight at the Phoenix airport the next day. On February 15, 2011, when Mr. Williams went to the Southwest ticket counter at the Phoenix airport a Southwest employee (Mr. Williams believes her name is Ellen and recognized her from previous trips) abruptly and rudely requested Mr. Williams to show her his documents for his service animal. Mr. Williams replied that he knew federal law did not require him to provide documentation for his service dog in order to fly. He further explained that Southwest's computer system should have information about his service dog because he is a frequent flyer and remembered providing documentation in the past. Unsatisfied by Mr. Williams' remark and without making any effort to check Southwest's computer system, the agent again demanded that Mr. Williams provide documentation identifying his dog as a service animal in order for him to fly. In response, Mr. Williams asked the Southwest agent to speak with a manager, at which point the agent, Ellen, informed him that she was the "director for the day" and there was no one else he could speak to. Without further recourse, Mr. Williams asked the employee if she was prejudiced. At this point, she grew irate and snatched Mr. Williams' previously purchased airline ticket and told him he did not need to fly that day. Subsequently, Mr. Williams attempted to go to numerous other agents atdifferent Southwest counters throughout the airport. However, the employee who denied him a flight and who illegally confiscated his airline ticket followed him around and instructed other Southwest employees not to assist him. As a result of this outrageous conduct, Mr. Williams was forced to purchase a new ticket from US Airways through a ticket agent who witnessed the events leading up to Mr. Williams' ticket being taken from him. Since the incident, Mr. Williams called the Southwest Customer Service and Claims Departments on several occasions in an attempt to resolve the issue. Unfortunately, however, the employees he spoke to were unable and/or unwilling to assist him. He was never informed about any compliance officer who he could speak to regarding his claims of disability discrimination and failure 

### to be provided a reasonable accommodation. To date, Southwest has neither refunded nor reimbursed Mr. Williams forthe cost of the ticket that the agent unlawfully seized. II. SouthwestViolates the Air Carrier Access Act and Its Accompanying Regulations. Under Section 41705 of Title 49 in the United States Code, the Air Carrier Access Act ("ACAA") prohibits both U.S. and foreign air carriers from discriminating

### SouthwestAirlines August 12, 2011 Page 3 of 7 against a qualified individual because the individual has a physical or mental impairment that substantially limits one or more major life activities. See 49 U.S.C. 

### § 41705(a)- (a)(1). Furthermore, a carrier may not discriminate against a qualified individual on the grounds that the individual has a record of such a physical or mental impairment or is regarded as having such an impairment. See 

### 49 U.S.C. 

### § 41705(a)(2)-(3). Additionally, under Part 382 of Title 14 in the Codes of Federal Regulations, the Department of Transportation ("DOT"), in interpreting and implementing the ACAA, set forth the standards of service that carriers must provide for individuals with disabilities. The purpose of 14 C.F.R. 

### § 382 is to carry out the ACAA, as amended. Not only does Part 382 prohibit U.S. and foreign carriers from discriminating against passengers on the basis of disability, but Part 382 also requires carriers to take steps to accommodate passengers with a disability. See 

### 14 C.F.R. 

### § 382.1. As a U.S. carrier, Southwest is forbidden to discriminate against a qualified individual on the basis of having or having a record of a physical or mental impairment pursuant to 49 U.S.C. 

### § 41705. Part 382 also applies to a U.S. carrier with respect to all operations and aircraft, regardless of where such operations take place, except as otherwise provided. See 

### 14 C.F.R. 

### § 382.7. Since Southwest is a corporation organized under the laws of Texas and directly undertakes to engage in air transportation as its primary business, it thus qualifies as an air carrier within the meaning of the ACCA and its accompanying regulations. Accordingly, by the authority of the ACAA, Southwest is a U.S. carrier obligated to comply with the regulations promulgated under 14 C.F.R. 

### § 382 

### etseq. Mr. Williams who purchased a ticket from Southwest is a qualified individual with a disability and a protected person under 49 U.S.C. 

### § 41705 and 14 C.F.R. 

### § 382.3. In regards to obtaining a ticket for air transportation on a carrier, a "qualified individual with a disability" refers to an individual with a disabilitywho, as a passenger offers, or makes a good faith attempt to offer, to purchase or otherwise validly to obtain such a ticket. See 

### 14 C.F.R. 

### § 382.3(a)(1). In addition, an "individual with a disability" means "any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment." 14 C.F.R. 

### § 382.3. Since Mr. Williams uses a wheelchair for mobility purposes, he has a physical impairment, which establishes Mr. Williams as a qualified individual with a disability. Nonetheless, individuals with a disability, like Mr. Williams who needs the assistance of a service animal due to his disability, are unlawfully discriminated against when they are required to present any documentation for an animal that is a service animal. Federal regulations, and even Southwest's own policies, specifically state documentation is not required for service animals. As a result, Southwest directly violates the ACAA and its regulations, along with Mr. Williams' civil rights by discriminating against him on the basis of his disability for refusing to provide him an

### Southwest Airlines August 12, 2011 Page 4 of7 accommodation to fly. Consequently, Southwest violates several of its obligations including, but not limited to, the regulations outlined below. Ill. Southwest Employee TookAdverse Action Against Mr. Williams in Violation of 14 C.F.R. 

### § 382.11. Most importantly, Southwest undertook adverse action against Mr. Williams for asserting his right protected by Part 382 to travel with his service animal without documentation. An air carrier "must not take any adverse action against an individual (e.g. refusing to provide transportation) because the individual asserts, on his or her own behalf or through or on behalf of others, rights protected by this Part or the Air Carrier Access Act." 14 C.F.R. 

### § 382.11 (a)(4). The right to travel with a service animal is protected under Part 382. See 14 C.F.R. 

### § 382.117(a). Mr. Williams asserted his right that he did not need documentation with an attempt to appeal the conflict to higher authority, but the Southwest agent then claimed to be the manager. Without any other available recourse, Mr. Williams asked the agent if she was prejudiced. In response, the Southwest agent grew extremely irate and swiftly took adverse action against Mr. Williams. The agent's adverse action included snatching Mr. Williams' ticket and refusing to provide him transportation without any type of refund or reimbursement. IV. Southwest Unlawfully Denied Mr. Williams His Rightto Travel with a Service Animal. A. Southwestviolates requirements

### to acceptcredibleverbal assurances ofa qualified individual with a disability using the service animal. As evidence that an animal is a service animal, an air carrier "must accept identification cards, other written documentation, presence of harnesses, tags, or the credible verbal assurances of

### a qualified individual with 

### a disability using the animal." 14 C.F.R. 

### § 382. 117(d) (emphasis added). While a carrier may require documentation for an emotional support or psychiatric service animal, such regulation is inapplicable in the present case as Mr. Williams dog is a service animal, trained to assist him retrieve dropped items and alert him to danger. Moreover, at no point during the interaction did the agent ask Mr. Williams whether his service dog was an emotional support animal. Furthermore, federal regulations declare that as evidence that an animal is a service animal, a carrier must accept the credible verbal assurances of a qualified individual with a disability using the animal. See 14 C.F.R. 

### § 382.117(d) (emphasis added). Although other forms of evidence include identification cards, other written documentation, presence of harnesses, or tags, it is important to note that this is what the carrier must accept as evidence if provided with such an item. See 14 C.F.R. 

### § 382.117(d). It is not, however, a list of items of what an air carrier may demand from a passenger to present as evidence to indicate an animal is a service animal. Thus, Southwest violated 14 C.F.R. 

### § 382.117(d) by improperly requiring documentation for a

### Southwest Airlines August 12, 2011 Page 5 of7 service animal, rather than accepting the credible verbal assurances of Mr. Williams, a qualified individual with a disability using the animal. B. Southwest's acts defy requirements to provide a passengerwithin 10 days a documentexplaining the denial ofa service animal. Southwest violated 14 C.F.R. § 382.117(g) by failing to comply with both requirements established by this provision. When an air carrier decides not to accept an animal as a service animal, it must explain the reason for its decision to the passenger and document it in writing. Additionally, a carrier must provide a copy ofthe explanation "to the passenger either at the airport, or within 10 calendar days of the incident." 14 C.F.R. § 382.117(g). First, Southwest violated 14 C.F.R. § 382.117(g) by failing to document in writing the reason for its refusal to accept Mr. Williams' animal as a service animal. Second, Southwest violated 14 C.F.R. § 382.117(g) by failing to provide a copy of such document to Mr. Williams either at the airport or within 10 calendar days of the incident. Thus, Southwest clearly violated the regulations and obligations imposed by 14 C.F.R. 

### §. 382.117(g). V. Southwest Unlawfully Denied Mr. Williams Access to a Complaint Resolution Official. Southwest failed to inform Mr. Williams to contact a Complaints Resolution Officials ("CRO") with regards to their dispute concerning the proper requirements for a service animal at the time ofthe conflict. A U.S. carrier must make a CRO available at each airport it serves during all times that it operates at that airport. An air carrier may make the CRO available in person at the airport or via telephone, at no cost to the passenger. See 

### 14 C.F.R § 382.151(b). Moreover, an air carrier must make passengers with a disability aware of the availability of a CRO and how to contact the CRO in the two following situations. First, in any circumstance in which any person complains or raises a concern with an air carrier's personnel about discrimination, accommodations, or services with respect to passengers with a disability, and the carrier's personnel do not immediately resolve the issue to the customer's satisfaction or provide a requested accommodation. In this situation, the carrier's "personnel must immediately inform the passenger of the right to contact a CRO and then contact a CRO on the passenger's behalf or provide the passenger a means to do so (e.g., a phone, a phone card plus the location and/or phone number ofthe CRO available atthe airport)." 14 C.F.R § 382.151(c)(1). Second, an air carrier's "reservation agents, contractors, and Web sites must provide information equivalent to that required by paragraph (c)(1) of this section to passengers with a disability using those services who complain or raise a concern about a disability-related issue." 14 C.F.R§ 382.151(c)(2). Consequently, Southwest violated 14 C.F.R. 

### § 382.151 because the Southwest agent at the counter and the numerous representatives on the phone never made Mr.Southwest Airlines August 12, 2011 Page 6 of 7 Williams aware of his right to contact a CRO. Southwest failed to bring such information to Mr. Williams' attention for both his discrimination claim and his claim for failure to provide an accommodation to travel with his service animal. In addition, both of these claims relate to an act of discrimination on the basis of his disability in air travel, and directly conflict with the purpose of the ACAA and its associated regulations that are intended to protect persons like Mr. Williams. VI. Southwest Fails to Provide the Necessary Training to its Employees as Required by 14 C.F.R. 

### § 382.141. In the present case, Southwest specifically violated 14 C.F.R. 

### § 382.141(a)(1)(i) by failing to provide the appropriate training for its employees to be proficient in the requirements set by the regulations implementing the ACAA. This is evident by the fact that the Southwest agent required Mr. Williams to provide documentation for his service animal in direct violation of federal standards and Southwest's own polices. In addition to the requirement to train its employees to be proficient concerning the requirements of Part 382 and other applicable federal regulations, an air carrier must ensure that all personnel who are required to receive training receive refresher training as needed to maintain proficiency. An air carrier must develop a program thatwill result in each such employee receiving refresher training at least once every three years, and "must retain for three years individual employee training records demonstrating that all persons required to receive initial and refresher training have done so." 14 C.F.R. 

### § 382.145(b). Based on Mr. Williams experience, it is evident that Southwest does not provide adequate training, if at all, as required by the provisions establishing nondiscrimination on the basis of an individual's disability in air travel. Hence, this violation demonstrates Southwest may likely be committing systematic and pervasive acts of discrimination against persons with a disability, which is strictly forbidden by the ACAA. Thus, Southwest unlawfully discriminated and continues to discriminate against passengers with a disability, including those needing a service animal due to their disability, by failing to provide them with the same services as those provided to individuals without disabilities. Accordingly, action must be taken against Southwest, or by Southwest, not only to rectify the violation of Mr. Williams' rights, but also to further protect the civil rights of all the vulnerable passengers with a disability by preventing the future discrimination practices of Southwest against persons with a disability. VII. Demand As a result of the foregoing acts of discrimination on the basis of disability in air travel, Southwest denied Mr. Williams' ability to use and enjoy services purportedly offered to all other members ofthe general public. Mr. Williams demands the following steps to be taken to bring Southwest into full compliance with the ACAA and its implementing regulations. In addition, any settlement of this matter must include development and implementation of a policy to ensure that individuals with a disabilitySouthwest Airlines August 12, 2011 Page 7 of7 will be reasonably accommodated so as to benefit from the services offered by Southwest. This will include at a minimum: 1) Implementation of policies and procedures to prevent discrimination and reasonably accommodate passengers with a disability sothatthey may benefit from the services offered by Southwest; 2) Adequate training and education of Southwest's Phoenix Arizona employees and Southwest's Dallas, Texas Customer Service and Claims Department personnel in the requirements ofthe law in disability rights, including effectively assisting passengers with a disability; 3) Damages for Mr. Williams, including a refund for his ticket, as well as attorneys' fees and costs. Please contact me immediately regarding this issue, but no later than**Au~ust** 24, 2011. We hope to reach a resolution ofthese claims without pursuing litigation. Yet, if we do not hearfrom you on or before August 24, 2011, then we will pursue all available legal remedies regarding this issue, including, if necessary, litigation. I look forward to discussing this matter at your earliest convenience and can be reached directly at (213) 736-8306. Sincerely, DISABILITY RIGHTS LEGAL CENTER 

# sbvV
Attorneys for Mr. Williams

cc: Jim Ruppel, Vice President Customer Relations/Rapid Rewards Madeleine Johnson, Vice President General Counsel

' As we may not be able to resolve the above violations directly with Southwest Airlines, DRLC has formally filed the.enclosed complaint with the Department ofTransportation.

# EXHIBIT A1 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. DONEDWARD WILLIAMS, ) ) ) ) Complainant,

v. SOUTHWESTAIRLINES CO., Respondent. ) Docket DOT-OST-2011-0149 ) ) ) SECOND DECLARATION OF ) DONEDWARD WILLIAMS IN 

# j SUPPORT OF COMPLAINANT'S ) MOTION FORLEAVE TO ) RESPOND TO THE ) UNAUTHORIZED REPLY OF ) SOUTHWESTAIRLINES CO. ) AND REQUEST FOR 

# j EXPEDITION OF PROCEEDINGS ) 

# j Formal Third-Party Complaint

_____________ ) Filed onAugust 9, 2011

Communicationswithrespectto this matter shouldbe sent to: PaulaD. Pearlman (SBN 109038) Paula.Pearlman@lls.edu ShawnaL. Parks (SBN 208301) Shawna.Parks@lls.edu SurisaE. Rivers (SBN 250868) Surisa.Rivers@lls.edu DISABILITYRIGHTS LEGAL CENTER 800 S. Figueroa Street, Suite 1120 Los Angeles, CA 90017 Tel: (213) 736-1496; Fax: (213) 736-1428 Attorneys for COMPLAINANT

-0- SECOND DECLARATION OF DONEDWARD WILLIAMS

### l SECOND DECLARATION OF DON EDWARD WILLIAMS 2 I, DonEdward Williams, hereby declare: 

### 3 l. I make this declarationbased onmypersonal knowledge and ifcalledto 4 testify I could and would do so as follows: 5 

### 2. I am a resident ofthe City ofLos Angeles, State ofCalifornia, and I reside at 6 2109 S. MarvinAvenue, Los Angeles, California 90016. 7 3. Ihave a mobility disability and I use a wheelchair for mobility. In addition, I 8 use the help ofa trained service dog, which Ihave had for approximately four years, to help 9 me withthings I cannot do because ofmy mobility disability, such as alerting me to danger l0 andpicking things up that I drop. The photographs attached as Exhibit A to the Declaration 

### ll ofSteve Cuellar filed in support ofmy oppositionto Southwest'sAnswer/Motionto Dismiss 12 were taken onOctober 11, 2011 and depictme and my service dog that accompaniedme on 13 the date ofthe incident at issue inthis matter. 14 4. OnNovember 2, 2011, I signed a declaration describing my incidentwith 15 SouthwestAirlines at the PhoenixAirport onFebruary 15,2011. 16 5. OnFebruary 13, 2011, I flew withmy service dog on a Southwest Airlines' 17 flight from Los Angeles International Airport to Phoenix Airport onthe departing flight of 18 myround-tripticket thatI previously purchased through Southwest Airlines. Ihad no 19 trouble flying withmy service dog on a Southwest Airlines' fight from Los Angeles to 20 Phoenix. 21 

### 6. OnFebruary 15,2011,I approached a Southwest Airlinesticket counter atthe 22 Phoenix Airportto reschedule my return flight home to Los Angeles for that day withmy 23 same service dog that I flew to Phoenix with on a Southwest Airlines' flightjusttwo days 24 pnor. 25 7. I only have one service dog, which is the same service dogthat accompanied 26 meboth on February 13, 2011 when I departed on a SouthwestAirlines' flight from Los 27 Angeles to Phoenix and two days later, onthe date ofthe incident, inthe Phoenix Airport at 28 issue in this matter.

-ISECOND DECLARATION OF DON EDWARD WILLIAMS01/30/2012 15:58 3103904906 WCIL 01/30/2012 13;57 FAX 2137381428 ORLC

I 

### 8. I do notb.tve any other service dogs orpetsthat J

### travel 

### with on flights. PAGE 03/04 liil 004/004.

:. '.

2 1declare under

### .P<'ruUty ofperjury under the laws 

### ofCaliforniaand the

### United States 3 tl:uu the foregoing is true md

### correctto the best

### ofznyknowledge andbelief. Executed

### this 4 

## .2.Q day ofJanuary 2012 

### inLos Angeles, Califomi 

### 5 6 

### 7 g 9 

### 10 1l 

### 12 

### 13 14 

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### 18 19 

### 20 

### 21 

### 22 23 

### 24 25 26 27 28

·2· Sf!CC •NO DJ;:CLARA'I'ION OF DON EDWARD WILUAMS

# EXHIBITB05Airways IPets 1/23/i2 10;20AM

Cont;:oct US

You are here

...+ .Hpme**~··+** Tra.velklols·**-·~-+-** F?olides & srjecia.f.n":eds. ···+. Pets

P¢.fs i.n**:p~ssenger** cabin· On

### thisyear's vacation, keepthe savings. Andyour resolutions. Savu.· up Ia S275• whenyml**u.~·e**ymwAta.\'ft'IC,ut!a'amlt-**•T.,-u~v~.,\Ji~wus :>f'r!~** 

1 small domestic dog, cat or bird per passenger is allowed in the passengercabin for $125 each way. For**tic~ets** purchased before NQvember 15. 2011. the pet fee Is $100 each way. When you travelwith a pet. ptease check lnwith an. agent atthe airport. lfyou're on a codeshare· !light. please check with that airline for carry-on pet poficies and fees.

Rules and regulations

• Pets In cabin counttoward your carry-on baggage allowance. Pets must remain Insidetheir approved container underthe seat directly In front

nfyou. • Carry-on pe!s are not allowed on transatlantic nights .or flights to/from Brazil, Tel Aviv, Ba,badosor Hawaii. • Only dogs and cats are allowed to/from Mexico and Costa Rlca. Please contactthe appropria!e embassy or consulate at least (our'weeks

befo(e you travel. Call 800-4284322 fo( mare inforrnation·.

·CoOtad**ar:~-'embassy Qr.conSulat~**  Approved carriers USAirv.rays accepts ha(d-sided carriers upto- 17 inches long (43 anf x 16 inches wide {40 em)- x 8 inchestau {20 em) and so£t-sided carriers up to 17 inches long (43 em} X t6 inches wide (40 em) X 10 Inches tall (25 em).
On US Ai!Ways Expresstnghts, pet carriers must notbe more than 15 [nelles long· (38 em) x 17 incheswtde- (43em) xa inchestall {20 em}on CRJ aircraft. more than 16 inc;hes. tong (40OTI) x 17 inches wide {43· em) x 8 inches lall (20 em}on OH3 aircraftor more !han 15 inches long (38 em) x 14 inches wide (35 em) x 8 inches taU (20 em) oo DH8aircraft. 1, Carriers mustbe leak-proof a.nd**escape-p~oo-f,** 2. Carriers mu$lbe ventitated on at least2**si:das~** but notaltow a:n.y par:t of !heanimal: tO< protrude ou!side ofthe container. :;;. CarriGrs ml,lSl provide roQm for the animal: tostand up. and [Um ar.ound. 4. Carriers can be madeof metal, wood orhard plastiGJ'composite. Exceptions are made for sort-sided con!ainers made specificallyfor pet

carriage.
http://www.usairways.com/en.-USHraveltool:s/spe<:ialneed's 1 pets.tumI**Pa~e** 1of 3

# EXHIBITCP<ts 

## FAQs
BrowseFAQs Selec!Topk: I Pets Go Need Help? We're a dick away. Contact Us I:1 Print & Share 

### Pets View All I Close All WhyisSouthwestallowingpetsonboard? Southwest Airlines warns to ef'l!'lal'\ce the Customer Experler'!ce for pet-LUVIr.g travelers.

Southwest Ailiines wlll only accept small cats and dogs in carriers that can be stowed under the Customer's 5eat.

HowmuchIsthePetFare?

Wil pelsbeallowed Incargo?

Howmanypets...,allowedperalrcrnft? Southwest's pet policy states that we will accept up to five (5) pet earners per scheduled flight. However, from time to time, circumstances may allow for more than five pet carriers on a flight.

Howmanypetcarriers iseachCustomerallowed? Customers wJII be permitted to travel with no more than one (1) pet carrier per persOfl. Each pet carrier can Mve no more.: than two (2) or the same species of small cats or dogs per pet carrier.

No, animals assisting Customers with disabilities will not count toward the maximum number of pets permitted on board.

CanaOJstomertravel.ingwitttanassistanc:eanimalalsobringapet? Ves. Both a11ima1s will need to fit under the seat in front of t1"1e Customer. If both animals don"t fit under one seat,. the Customer may purchase a second seat and place the pet and carrier under that seat.**What1ypeSolpetcanie<scan~bring?** Customers may bring a soft or hard-sided pet carrier that is leak proof ar'ld well ventilated. The pet carrier must be small enough to fit under the seat 111 front of tt1e Customer and be stowed in accordance with Federal Aviation Administration regulations. The dog or cat must be able to stand up and turn around In the carrrer with ease.

Howbigcanmypetcarrie<be? Your pet carrier must be able to fit under the seat ir"l fror"lt of you. The umler-seat dimensions are as follows: Window Seat: 19"L X 14"W X 8.2S"H Middle Seat: 19"L X 19"W x 8.25"H

h.ttp:Jjwww.southwest.comjhtml/generated{he:!p/faqsfpets_faq.html 1/23/12 10:57AM

Pagelof3

# EXHIBITDSouthwestAirlines Pet Travel Policy

DESTINATIONS LODGING

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### I F---=-----4 gm;;p

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Home> Air Travel> Airline Pet Policies> SouthwestAirlines

Southwest Airlines VISIT WEBSITE

South'<vest .Airlines Pet Policy Carry-On Pet Policy: Southwest Airlines allows customers to carry small pets {cats and dogs only) on board all Southwest Airlines flights. All in-cabin pets must be carried in an appropriate pet carrier. The pet fee is $75.00 each way per pet carrier. Each customer is limited to carrying one pet carrier on board. The carrier may contain up to two cats or dogs ofthe same species. The carrierwill countas the customer's carry-on bag. Southwest does not require a health certificate or any other documentation from the customer's veterinarian for pets to travel. Checked Bagage/Cargo Policy: Pets are not allowed in the cargo area on Southwest Airlines. Carrier Guidelines: Soft·sided and hard-sided carriers specifically designed as pet carriers are acceptable. The carriers must be leak·proof and well ventilated. The pet carrier must be small enough to fit under the seat in front ofthe customer and be stowed in accordance with Federal Aviation Administration regulations. The cat or dog must be able to stand up and move around the carrier with ease. Pet Reservations: Reservations for small cats or dogs can only be booked by ca!Hng Southwest Airlines at 1-800-1-FLY-SWA {l800-435-9792}. Pets will be accepted on a first-come, first-served basis until capacity is reached. The total number ofpet carriers per flight is limited to five at this time, so customers should make their pet reservations as soon as they confirm travel plans to ensure availability for their pets. The pet fee must be collected at the ticket counter and is nonrefundable and may not be applied toward future-date travel if unused. Customers traveling with a cat or dog must check in pet at the airport ticket counter and pay the pet fee before going to the departure gate. Customers can still secure their boarding pass online, at curbside checkin, the airport kiosk, or the ticket counter. Southwest Airlines does not accept pets traveling without a customer, and pets are not permitted to travel with unaccompanied minors.

Photos of Soutlnvest Airlines 

# •• http:I/www.bringfido.comItravel/airline_policiesIsouthwest/ Page 1of 9SouthwestAirlines PetTravel Policy

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Affordable Premiums Traveler Reviews of Southwest Airlines Q Average Rating: 

### J'J:.. 4

### '1'**~** The Southwest Airlines is rated# among airlines based on 55 guest reviews. Review

Spoiling it for the rest ofus. Gail in MA Ikeep reading reviews: by people who take their dogs: out ofthe carrier in the airport and in the plane. Please don't spoil traveling with our pets by pushing the rules. And pets are not allowed underthe seats in the exit rows on ALL airlines, as they expect the people that sit in those seats to help in the event ofan evacuation. What is thefee for? Liz in Fort Myers beach 1understand the fee is for controlling the number of animals on the plane. But couldn't the fee at least cover getting some air? Imagine being in a small cage squashed under a seat with no vEntilation for hours! 2Sib corgi, no problems Erik in Tampa, FL Flew last weekwith 2Sib corgi. No issues at all. She flew in large sherpa bag which fit under the seatwell. She didn't exactly have a lot ofroom to move around, but we did not have any problems.The staffwas great and was very helpful. We did getone comment from a TSA person that she looked a little big, but they have no say in the matter. Overall great experience. Disclaimer: I was flying on a**Southwe~t** friends and family pass, not sure ifthis made a difference. No Worries! Michele in Indianapolis Iwas a little worried about qny issues that Imay encounter with my Sherpa carrier and 9 lb Maltese on his first flight to Vegas recently b/c of some ofthe reviews. However, no problems were encountered at all and all Southwest personnel we dealt with were very personable and helpfuL On both flights, the person sitting in the row with my husband and Istated they were unaware that we had a dog until we were de·planing! In fact, a flight attendant said she didn't even know there was a dog onboard until we walked past her while de-planing in Indy. (I guess pets aren't listed on the manifest?) Overall it was an excellent experience

....$75 fee each way seems a little pricey

...and 1hope more airports catch on and open pet reliefareas AFTER the security checkpoints. :-) Love Carrier Lauren in St. Louis I love the carrier. Not only is cute, and not an eyesore...lt has nice mesh sides, so! could keep my fingers near my pup on his first few airplane trips ·which Iam sure can be scary with all the sights and sounds. Not to mention he had never been zipped In a bag before. He is a 22 lb boston terrier and fit a little cramped, but he didjust fine. All SW staffwas so courteous and tried to make me more comfortable, as well as Wellington, mycanine baby! Looking for Reviews on the Southwest carrier Kristine in Laguna Niguel Has anyone used the Southwest Carrier·· I'm an getting ready to fly with my 8 lb Havanese, and need to buy a carrier, and I'm tossed between the one from Southwest :u1rl tho**ll~nn** hv**To:~frn** :>rt\1 <:OI<'1no:><:tinn<:7 http://www.bringfido.com/travel/airline_policies 1 southwestf l/23/12 11:04 AM

Rating



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Page 2of9Southwest Airlines Pet Travel Policy l/23/12 11:04 AM

Glad you are becoming dog friendly ./:/,/// Susan in Pompano Beach This might be an option for those (like myself) with a larger dog that needs his own seat http:/ /petairways.com/
Thanks for the policy change! !J'/.!.l Annie in Oakland I'm so glad Southwest nowallows carry-on pets. My 6-lb yorkipoo Is a frequent flyer. Southwest's pet fee is at the reasonable end of the scale {one airline charges $200!!) The pet reser\'ation process is easy and transparent compared to some other airlines. Since the pet policy change, I always fly Southwest. Thanks for the policy change! Annie in Oakland I'm so glad Southwest now allows carry-on pets. My 6-lb yorkipoo is a frequent flyer. Southwest's pet fee is at the reasonable end of the scale (one airline charges $200!!) The pet reser\'ation process is easy and transparent compared to some other airlines. Since the pet policy change, I always fly Southwest. Flying with my little Maltese Toni in Arizona I love you Southwest. thank you for enacting a pet policy. I have 2very small Maltese and have been able to fly with both ofthem. 1purchased the Southwest pet car!'ying case for them and it is perfect. Flying isjust great with you. thanks so much for making It easy Flying With my little Maltese Toni in Arizona I love you Southwest thank you for enacting a pet policy. I have 2very small Maltese and have been able to fly with both of them.! purchased the Southwest pet ca.r!'ying case for them and it is perfect. Flying Is just great with you. thanks so mw:h fo( making it easy :) Haley in Alabama I was neJVous about flying with my 3 pound Chihuahua, and thought I'd have a hard time. The flight attendants were VERY helpful and nice, and even offered water to my dog. She started to get upset and whined at take-off, and when we got in the air, I took her out for a littlewhile and the flight attendants didn't tell me to put her away! Iwas skeptical about flying SW with my dog, but It was a good experience and I will DEFINITELY fly again With south west! My dog's a frequent flier! Sharlene in Austin, TX The first day SW accepted pets on board, my maltese and I boarded a flight from Austin to Chicago. The gate agents and I 'learned" together howto process and travel with a pet. I have nothing but high praise for the gate agents, customer seJVice and flight attendants. There have been absolutely no problems. My dog and I have flown over 12 round trip flights and have two more planned. Only wish they would grant rapid rewards points to me for my buddy. (American does- hint, hint!) Middle seat is the largest for the carrier. Great experience Beverly in Chicago just returned from a trip to California. This was my first time taking my 12 pound Min Pin. 1was concerned about the size of my large sierra carrying case. We had no problems. The window and middle seats had plenty of room. rhe isle seat was to narrow, 1was able to bend the back ofthe case and slide it under the seat. The southwest agents and crew were great. Iwill travel again with southwest

..... Southwest was amazing ?atricia in Orlando, FL I flew with both ofmy dogs ln one carrier and had no Issues with southwest. I have a i pound dorkie and a 10 pound chi/yorkie mix. The flight attendants were super friendly**a~d ~ave**  helpfu! hints**~s.** to**w~ar** to sit and .o.ffered the girls**.wat~r.** I have a.**sturdi~ag** 

### l.li!J'

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http:f/www.bringfido.com/travel/airline_policies 1 southwestf Page 3of 9SouthwestAirlines Pet Travel Policy which is a 12xl2Xl8, did not have any trouble getting it under the seat in tront ot me. The middle seat has the most under seat room. Iam looking forward on taking the doggies on another trip :) Underseat height Gloria in Columbia Ihave not yet flown with my 9-pound dog, but look forward to taking her on SW in February. Mary-Alice at the excellent www.dogjaunt.com measured under SW seats and got 11" high, not 8.25'' as on SW website. Has anyone else measured ACTUAL HEIGHT UNDER SEATS? She has used a SturdiBag carrier with a flexible top that can be smashed down as needed to fit. Anyone else use this? Hopeful VirgIn Ohio After checking the reviews I am looking forward to giving southwest a try with pet travel! Ihope the attendants are really as nice as people have said, be squishing a pet under a seat can be really cruel and its not the passengers fault when the plane has different measurements than the seat next to them

....so going to book my next flight with southwest! so glad they have opened cabin to pets! 2 Adult Cats ok! Albany Kelley in NYC I Wash DC Yesterday Ihad to travel to Las Vegas and pick up my mom's two cats and bring them back to our home in DC, while she recovers from an illness. The cats are 13 pounds and 11 pounds respectfully. I gotthe medium**soft~sided** carrier atWal-mart of all places after going to 4 stores! It measures 19" by 11" high (bended to fit under the seat perfectly) by 12 or 13" wide Ithink. When Isaw the cats and realized how big theywere, Iwas worried I wouldn't be able tofly SW with them. Theywere VERY crowded in the carrier (side by side laying down, length was okay at 19", butwidth had them squished together a bit. SW counter check-In went wei!, even though the sister was hissing at the brother the entire time {lol). The agent peered into the carrier concerned, but as soon as Iexplained theywould calm down later and theyweren't used to being outside at all , the agent was fine. Security personnel actually HELPED me when it was time to get the cats out and walk them through. Then on the plane, the stewardess came by about 3 times to offer water for them and make sure they were okay. Now a day later, the cats seem to be adjusting well. Iwill ALWAYS fly Southwest with my animals from now on, hands down, $75.00 each way, iftraveling within the states, no vet paperwork required. MUST make reservations by phone (no payment at that time though) to ensure your flight doesn't have too many pet carriers. Then must pay the fee at the check-in counter at the airport Size I Height Bella in Las Vegas I San Francisco I DC Forgot to mention! Get a soft carrier {sherpa's the absolute best) and it's fine ifit's even 10 or 11 inches high. They bend easily to fit under the seat and my cats cannot turn around or stand up under the seat, BUT as long as the animal is comfy while 1'n the carrier otherwise, it's fine, :) Hope it goes well! Bella in Las Vegas Just to answer a statement on here of a BAD review above my post. The person who said the gate agent heard her dog "whine" and demanded diability papers?That happened because ifyou travel SW, you MUST check in at the ticket counter and pay the $75 pet carrier fee. It can't even be paid online. Otherwise, if it is an emotional needs are other assistance animal,just provide your papers. BEST BAG/CARRIER? SHERPA brand hands down. 1have the rolling duffel pet carrier for two cats. It's 10.5 inches high, 13 inches wide I think and 17"-19" deep (long), 4 wheels and a strap make it awesome for hauling my two cats (12 lbs and 9 lbs) through the airport, It does depend on the staff, but Ijust always tell them how often other cities let me travel with them and it always works out. Be POLITE and don't be afraid to beg, haha. They'll letyou through, especially if you can produce a few tears if needed. :) QUESTION?!? Amanda in SLC We have a 12. pound boston terrier, she is pretty small for her breed and we want to take her with us to our wedding, we are a little worried about reading these reviews about the size of carriers. Do you suggest getting a larger carrier than the 8.5 in and thenjust pushing it down !n the seat? Are they more concerned about the size of the**r:>~ri"'r** nr th., ::thilit" nf th"' r'lr><' tn**~t:>f\r'l/t<.rn ~r<"tunr'l**  b.nll ::.r'l"<.-

.. v.mulr'l h"' murh http://www.bringfldo.com/travel/airline_policiesIsouthwest/ 1{23/12 11:04 AM



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