### UNITED STATES DEPARTMENT OF TRANSPORTATION AVIATION CONSUMER PROTECTION AND ENFORCEMENT DIVISION KEVIN CROWELL Complainant, Date: 

### July 28, 2014 

### vs.**~~~~~~~~==--~ ~~~--=-~--**  

### AMERICAN AIRLINES, INC. Violations of49 U.S.C. 

### § 41705, 14 C.F.R. 

### § 382.19, 14 C.F.R. 

### § 382.117, 14 C.F.R. 

### § 382.141, and 14 C.F.R. 

### § 382.151.

FORMAL COMPLAINT Docket No:



## ------

Kevin Crowell files this Formal Complaint against American Airlines, Inc., and alleges: 1. This is a complaint for multiple violations of the Air Carrier Access Act and its corresponding federal regulations and statutes. FACTUAL ALLEGATIONS 2. At all times relevant to this Formal Complaint, Kevin Crowell (Mr. Crowell) was a Disabled Combat Veteran, with a Service K-9 (Bella) who assisted him withpost-traumatic stress disorder (PTSD) and mobility issues (See "Exhibits 1 and 2"). 

### 3. At all times relevant to this Formal Complaint Lisa Crowell (Mrs. Crowell) was Mr. Crowell's wife. 4. At all times relevant to this Formal Complaint, Bella was wearing a vest which read "Service Dog
- Do Not Pet."5. At all times relevant to this action, American Airlines Inc., (American Airlines) was
a major U.S. airline headquartered in Fort Worth, Texas. AmericanAirlines provided flight service from Jacksonville, Florida to Miami, Florida, and from Miami to Key West, Florida.**~=~~~~-+6·-. ~~en-or~bout-A:pril~-8,Wl-4-,Mr~frMrs.=8r@Wel}-was-beek-ed-tiT1ravcl-frem-their'----=~~~**  home in St. Augustine, Florida, to a Wounded Warrior Project Couples' Odyssey in Key West, Florida. Theywereto fly viaAmericanAirlines from Jacksonville to Miami (Flight#3577) and then from Miami to Key West (Flight #3528) (See "Exhibits 3 and 4 11 ). Priorto their flight, Mr. Crowell haci contac!ed AmericanAirlint::s and informedthe111 he wol1ld be traveling with_a**~ervi~e** Dog._ TJ:te agent Mr. Crowell spoke with was able to place Mr. Crowell and his wife in bulk-head seating on both Flight# 3577 and Flight #3528. Mr. and Mrs. Crowell were assigned to seats 3B and 3C on Flight# 3528. 7. On or about April 28, 2014, at approximately 6:00AM, Mr. and Mrs. Crowell boarded Flight #3577 from Jacksonville to Miami. While checking into their flight in Jacksonville International Airport, an agent confirmed Mr. and Mrs. Crowell's bulk-head seating for all flights. Mr. and Mrs. Crowell flew with Bella from Jacksonville to Miami without incident. 8. At approximately 7:00AM, Mr. and Mrs. Crowell landed in Miami International Airport. After arriving at the gate for Flight#3528, Mrs. Crowell was calledto the gate by gate agent Nisa Cotto. Mrs. Crowell was informed byMs. Cotto that "pets" could not fly inthe bulkhead. Mrs. Crowell clarified that Bella is a Service Dog, not a pet. Mrs. Crowell referred Ms. Cotto to Mr. Crowell's documentation pursuant to the Americans with Disabilities Act (ADA), which was contained in Bella's vest and confirmed Mr. Crowell's need for a Service Dog. Ms. Cotto spoke predominantly Spanish and did not seem to understand Mrs. Crowell. Ms. Cotto then gave Mr.
2Crowell a new seating assignment for seat 3A. Ms. Cotto also advised Mrs. Crowell that her husband's disability was "not present." 9. At approximately 7:45AM, Mr. and Mrs. Crowell were escorted onto Flight #3528**~~-~~ -hby-Nurma-Menda,--an-additional-gate-agent--M~Menda-walkefrcMr~--and-Mr~GmweH-**  t0-Seat-3A:-,**~~~-~** instead oftheiroriginal seats (3B and 3C). Mr. Crowell demonstratedto Ms. MendathatBellacould notfit infront ofhiminhis new seating assignment. After speaking to another gate agent in Spanish, Ms. Menda told Mr. Crowell that Bella could not sit in the bulk head seats because Bella was a**'~pet."** Mr, (:]_"owell asked Ms. Mendawhy he could n()t sit inhis original seat, which was written on his original ticket. Ms. Menda asked that Mr. and Mrs. Crowell sit in their assigned seats or leave the aircraft, as they were holding up departure. Mr. Crowell again explained to Ms. Mendathat the seat currently assigned to him would not accommodate Bella for safety reasons. Ms. Menda responded, "Sir, are you refusing to get offthe aircraft?" Ms. Menda then asked the pilot ofFlight #3528 to step out ofthe cockpit and to help physically remove Mr. Crowell from the aircraft. 10. At approximately 8:00AM, the stress ofthe situation had triggered Mr. Crowell's PTSD and he could no longer endure being on the aircraft. Mr. and Mrs. Crowell disembarked Flight #3528, and immediately requested to see a supervisor. A supervisor (Ms. Yadisca) was already present at the gate. Mr. Crowell explained the situation to Ms. Yadisca and she confirmed that it was American Airlines policy not to allow "pets" in emergency or bulkhead rows. Mr. Crowell again presented his ADA documentation to Ms. Yadisca. During the course of Mr. Crowell's explanation, Ms. Yadisca, Ms. Menda, and Ms. Cotto were all speaking Spanish to each other. Mr. Crowellrespectfully asked themto please speakEnglish so thathe couldunderstand what they were saying.
311. At approximately 8:30AM, Mr. and Mrs. Crowell asked Ms. Yadisca ifthey could speakto a supervisor. Ms. Yadiscareferredthemto AmericanAirlines Customer Service at gateD14 ofMiami International Airport.**~~~~~ ~-2~-t-appreximately-9~Mr.-and---Mr-s~bamvecl--at--gate-9-14-and-wer~**  greeted byanAmeiicanAirlines employee, "Sylvia." MrandMrs. Crowell explainedtheir situation to Sylvia, and were told that their complaint should be elevated to her supervisor, "Mitch." Sylvia then proceeded to call Mitch. Mitch explained to Mr. and Mrs. Crowell, by telephone, that he was 

### Ol! the other side ofthe airport and it would take him 10 minutes to arrive at gate D14. 13. Approximately 30 minutes later, Mr. and Mrs. Crowell were finally approached by Mitch, who was a Customer Service Manager (CRM) and a trained complaint resolution official. Mitch immediately began to pet Bella, even though she was wearing a vest which clearly said "Service Dog- Do Not Pet." As a consequence of Mr. Crowell's PTSD, he is hypersensitive to strangers pettinghis dog without permission. Mitch's actions servedto worsenMr. Crowell'smental state. Mr. and Mrs. Crowell spoke with Mitch for approximately 10 minutes, at which point he offeredto get Mr. and Mrs. Crowell onthenextflight to KeyWest. Mr. and Mrs. Crowell explained to Mitchthatthey had no confidence inAmericanAirlines because their employees were clearlynot educated in dealing with disabled travelers. When Mr. Crowell told Mitch that he would be filing
a formal complaint, Mitchresponded, "That's your prerogative." 14. At approximately 10:00 AM, Mr. and Mrs. Crowell left gate D14 in an effort to rent
a car and return to St. Augustine. Mr. and Mrs. Crowell were forced to take a 45 minute walk from gate D14 to the rental terminal. As a disabled combat veteran who suffers from chronic pain, the walk was extremely painful for Mr. Crowell. Mr. and Mrs. Crowell spent the remainder ofthe day
4

### driving six hours from Miami back to Jacksonville, where their vehicle was parked. They were unable to attend Wounded Warrior Project Couples' Odyssey, and Mr. 

### Crowell's mental and physical injuries were severely aggravated by this ordeal.
CORRESPONDING REGULATIONS AND STATUTES (American Airlines, Inc.) 

### 15. Paragraphs 1-14 are adopted and incorporated by reference herein. 16. By refusing to provide Mr. 

### Crowell with transportation based on his disability, American Airlines has failed to meetits obligationun<fer 14 C.F.R. § 382.19 and49 U.S.C. § 41705. 17. By not permitting Mr. Crowell's service animal to accompany him onto his flight, not offering Mr. 

### Crowell the opportunity to move his service animal to a seat location where she could be accommodated, and not taking as credible evidence Mr. 

### Crowell's ADA documentation and 

### Mr. Crowell's verbal assurances as a disabled individual, American Airlines has failed to meet its obligation under 14 C.F.R. § 382.117. 18. By failing to ensure the proficiency ofits employees concerning the provision ofair travelto passengers with a disability, AmericanAirlines failed to meetits obligationunder 14 C.F.R. § 382.141. 19. Byfailing to ensurethe proficiency ofits complaintresolutionofficial indealing with disabled passengers, American Airlines failed to meet its obligation under 14 C.F.R. § 382.151. 20. As a direct and proximate result ofDefendants' actions, Plaintiff suffered damages, including, but not limited to, severe pain and suffering, physical injuries, loss ofenjoyment oflife, and severe emotions and psychological distress and mental anguish.

5

### WHEREFORE,the

### UnitedStatesIJepartn\entoiTransportationshouldexerciseits authority J 

### under49 U.S.C. 

### § 41705(c)(l) and 

### 14 C.F.R. 

### §**~02.406** andinstitute an

### enforcement:proceeding I· 

# ba·=:::::::r====**Transportationshouldim.poseanypunisbment~chitdeemsapproprjate,includingbutnotlimited** to 

### civil penalties 

### pmsuaotto 49 U.S.C.§ 46301,

# f't cease and desist 

### orders pursuantto 

### 14 C.F.R. 

### § 300.20. 

### VERIFICATION 

# . Pursuant 

### to·l8 

## U.S.C. § 

### 1001, I, Kevin 

## tCrowefL in my 

### individual capacity and as the 

### authorized representative ofthe**Complain~** 

### have not 

### in any 

### manner knowingly and willfully 

### falsified, concealed, 

### orfailedto

### disclose any**~al** 

### fuct or

### made any:fulse, fictitious**or~**

. I t statement 

### orknowinglyused

### any document**whi~rntains** such

### statements in

### connection withthe 

### preparation, filing, orprosecution ofthis pleadingh understand that

### an individual who is 

### found to



## . J have violated

### theprovisions of 18 U.S.C. 

### § 1001 

### sball be 

### fined or 

### imprisoned notmore 

### than five .I 

### years, orboth.

St. 

### Augustine, Florida 32080

### (9~) 887-6969 

## cotwLAJNANT

6 l



### f \ I 

# t 

# lMatthew R. Kachergus, Esquire Florida Bar No.: 503282 Bryan E. DeMaggio, Esquire Florida Bar No.: 055712 Sheppard, White, Kachergus & DeMaggio, P.A. 215 Washington Street Jacksonville, Florida 32202 Telephone: -(904) T56-9661 Facsimile: (904) 356-9667 Email: sheplaw@att.net COUNSEL FOR COMPLAINANT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy ofthe foregoing has been furnished to Alec Bramlett, Esquire, Managing Director, Legal and Government Affairs, American Airlines, MD 5675, Post Office Box 619616, DFWAirport, Texas 76261, byElectronic Mail- alec.bramlett@aa.com- and United States Mail, this 5th day ofAugust, 2014.

ldh[crowell.chet.complaint]

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# EXHIBIT 1J •....•..• ·.:· ' .••.•. 

### Letter

May08, 2014 ChetCrowell 749 El Verge! Ln St Augustine, FL 32080
Dear Mr. Crowell: I· _..
. ' l

DEPARTMENT OF VETERANS AFFAIRS 810 Vermont Ave NW Washington, D.C. 20420

In Reply Refer to: xxx:-xx-9815 27/eBenefrts 

### Page 1 of2

This letter is a summary of benefits you currently receive from theDepartment ofVeterans Affairs NA).

### We are - providing this letterto disabled Veterans to use in applying for benefits such as state or local property or vehicle 

### tax relief, civil serVice preference, to obtain housing entitlements, free or reduced state park annual memberships, or any other program or entitlement in which verification ofVA benefrts is required. Please safeguard this important document This.letler is considered an official record ofyourVA entitlement. Our records contain the following information: Personal Claim Information Your VAclaim number is: xxx:-xx-9815 You are the Veteran. Military Information Your most recent, verified periods ofservice (up to three) include: Branch of Service Army Character of Service Under Honorable Conditions Honorable Entered Active Duty · Released/Discharged March 29, 1988 July 12, 1991 Army May 12,2004 December 19,2005 (There may be additional periods of service not listed above.) VA Benefit Information You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 80% Your current monthly award amount is: $3017.6 The effective date ofthe last change to your current award was: January 01, 2014 You are being paid atthe 100 percent rate because you are unemployable due to your service-connected disabilities: You are considered to be totally and permanently disabled due to your service-connected disabilities: https://eauth.va.gov/wssweb/wss-common-webparts/mvc/benefitSurrnnacyVet Yes Yes

5/8/2014I· I
...., Letter 

### Page 2 of2

You should contact your state or local office ofVeterans' affairs for information on any tax, license, orfee-related benefits for which you may be eligible. State offices ofVeterans' affairs are available at http://www.va.gov/statedva.htm. How You Can Contact Us •. Ifyou needgenerai information about benefits and eligibility, please visit 

### lis at ·

https://www.ebenefits.va.gov or http://www.va.gov. • Call us at 1-800-827-1000. Ifyou use a Telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833. • Ask a question on the Internet athttps:/liris.va.gov. Sincerely,

Robert T. Reynolds, Director Bemefits Assistance Service

https:/ /eauth.vagov/wssweb/wss-common-webparts/mvc/benefitSlilillUazy Vet 5/8/2014 t I.

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