UNITED STATES DEPARTMENT OF TRANSPORTATION 

AVIATION CONSUMER PROTECTION AND ENFORCEMENT DIVISION 

KEVIN CROWELL 

Complainant, 

Date: July 28, 2014 

vs. ~~~~~~~~==--~ ~~~--=-~--

AMERICAN AIRLINES, INC. 

Violations of 49 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 with post-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. American Airlines 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. They were to fly via American Airlines from Jacksonville to Miami (Flight #3577) and then 

from Miami to Key West (Flight #3528) (See "Exhibits 3 and 411 ). Prior to their flight, Mr. Crowell 

haci contac!ed American Airlint::s and informed the111 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 called to the gate by gate agent 

Nisa Cotto. Mrs. Crowell was informed by Ms. Cotto that "pets" could not fly in the bulk head. 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. 

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Crowell 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 of their original seats (3B and 3C). Mr. Crowell demonstrated to Ms. Menda that Bella could 

not fit in front of him in his 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. Menda why 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. Menda that the 

seat currently assigned to him would not accommodate Bella for safety reasons. Ms. Menda 

responded, "Sir, are you refusing to get off the aircraft?" Ms. Menda then asked the pilot ofFlight 

#3528 to step out of the cockpit and to help physically remove Mr. Crowell from the aircraft. 

10. At approximately 8:00AM, the stress of the 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. Y adisca 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. Crowell respectfully asked them to please speak English so that he could understand what 

they were saying. 

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11. At approximately 8:30AM, Mr. and Mrs. Crowell asked Ms. Yadisca if they could 

speak to a supervisor. Ms. Y adisca referred them to American Airlines Customer Service at gateD 14 

of Miami International Airport. 

~~~~~ ~-2~-t-appreximately-9~Mr.-and---Mr-s~bamvecl--at--gate-9-14-and-wer~ 

greeted by an Ameiican Airlines employee, "Sylvia." Mr and Mrs. Crowell explained their 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 petting his dog without permission. Mitch's actions served to worsen Mr. Crowell's mental 

state. Mr. and Mrs. Crowell spoke with Mitch for approximately 10 minutes, at which point he 

offered to get Mr. and Mrs. Crowell on the next flight to Key West. Mr. and Mrs. Crowell explained 

to Mitch that they had no confidence in American Airlines because their employees were clearly not 

educated in dealing with disabled travelers. When Mr. Crowell told Mitch that he would be filing 

a formal complaint, Mitch responded, "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 of the day 

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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 meet its obligation un<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. § 3 82.117. 

18. By failing to ensure the proficiency of its employees concerning the provision of air 

travel to passengers with a disability, American Airlines failed to meet its obligation under 14 C.F .R. 

§ 382.141. 

19. By failing to ensure the proficiency of its complaint resolution official in dealing with 

disabled passengers, American Airlines failed to meet its obligation under 14 C.F.R. § 382.151. 

20. As a direct and proximate result of Defendants' actions, Plaintiff suffered damages, 

including, but not limited to, severe pain and suffering, physical injuries, loss of enjoyment oflife, 

and severe emotions and psychological distress and mental anguish. 

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WHEREFORE, the United States IJepartn\entoiTransportationshouldexercise its authority J 

under49 U.S.C. § 41705(c)(l) and 14 C.F.R. § ~02.406 and institute 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 pursuant to 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 of the Complain~ have not in any manner knowingly and willfully 

falsified, concealed, or failed to disclose any ~al fuct or made any:fulse, fictitious or~ . I t 

statement or knowingly used any document whi~rntains such statements in connection with the 

preparation, filing, or prosecution of this pleadingh understand that an individual who is found to 

. J 

have violated the provisions of 18 U.S.C. § 1001 sball be fined or imprisoned not more than five .I 

years, or both. 

St. Augustine, Florida 32080 

(9~) 887-6969 

cotwLAJNANT 

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Matthew 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 of the foregoing has been furnished to Alec Bramlett, 

Esquire, Managing Director, Legal and Government Affairs, American Airlines, MD 5675, Post 

Office Box 619616, D FW Airport, Texas 7 6261, by Electronic Mail- alec. bramlett@aa.com- and 

United States Mail, this 5th day of August, 2014. 

ldh[crowell.chet.complaint] 

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EXHIBIT 1 
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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 the Department ofVeterans Affairs NA). We are -

providing this letter to 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 of VA benefrts is required. Please 

safeguard this important document This.letler is considered an official record of your VA entitlement. 

Our records contain the following information: 

Personal Claim Information 

Your VA claim number is: xxx:-xx-9815 

You are the Veteran. 

Military Information 

Your most recent, verified periods of service (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 of the 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/benefitSurrnnacyV et 

Yes 

Yes 

5/8/2014 
I· I .... , 

Letter Page 2 of2 

You should contact your state or local office of Veterans' affairs for information on any tax, license, or fee-related 

benefits for which you may be eligible. State offices of Veterans' affairs are available at 

http://www.va.gov/statedva.htm. 

How You Can Contact Us 

•. If you 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. If you 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 

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