BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Kevin Crowell, 

Third-party Complainant 

v. 

American Airlines, Inc. 

) 

) 

) 

) Docket DOT-OST-2014-0146 

) 

) 

) 

ANSWER OF AMERICAN AIRLINES, INC. 

Communications with respect to this document should be addressed to: 

Alec Bramlett, Esq. 

Managing Director 

Legal and Government Affairs 

AMERICAN AIRLINES, INC. 

MD 5675, P.O. Box 619616 

DFW Airport, Texas 76261 

Dated: September 11, 2014 

Robert P. Silverberg, Esq. 

SILVERBERG, GOLDMAN & BIKOFF, LLP 

1101 30th Street, NW 

Suite 120 

Washington, DC 20007 

Tel: 202-944-3300 

E-Mail: rsilverberg@sgbdc.com 

Attorneys for 

AMERICAN AIRLINES, INC. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Kevin Crowell, 

) 

) 

Third-party Complainant ) 

v. 

) Docket DOT-OST-2014-0146 

) 

) 

American Airlines, Inc. ) 

ANSWER OF AMERICAN AIRLINES, INC. 

Pursuant to Rules 405(a) and 408(b) of the Department's Rules of Practice in 

Proceedings (14 C.P.R. §§302.405(a) and 302.408(b)), American Airlines, Inc. ("American'') 

hereby answers the third-party Complaint filed with the Department of Transportation 

("Department") on behalf of Mr. Kevin Crowell ("Mr. Crowell") on August 27, 2014. 

Admissions and Denials 

1. American admits that the complaint alleges violations of the Air Carrier Access 

Act and the Department's implementing Regulations, but American denies that it con1mitted any 

such violations. 

2. American admits that the Complaint attached documents that support the 

allegation that Mr. Crowell is a disabled combat veteran with a service K-9 named Bella. 

American, however, lacks independent knowledge whether this is accurate. Further, American 

lacks sufficient information to admit or deny whether Mr. Crowell's service dog is used to assist 

him with post-traumatic stress disorder (PTSD) and mobility issues. 

3. American lacks sufficient information to admit or deny the allegations In 

paragraph 3 of the Complaint. 
Answer of American Airlines, Inc. 

September 11, 2014 

Page2 

4. American denies that at all times relevant to the Complaint Mr. Crowell's service 

dog was wearing a vest which read "Service Dog Do Not Pet." Of the American employees 

and Envoy Air en1ployees who recall what Mr. Crowell's dog was wearing at Miami 

International Airport on April 28, 2014, none recall that the dog was wearing a vest that read 

"Service Dog- Do Not Pet." 

5. American admits that it is a major U.S. airline headquartered in Fort Worth, 

Texas. American further admits that it markets as American Eagle scheduled air transportation 

service from Jacksonville, Florida to Miami, Florida and from Miami, Florida to Key West, 

Florida. The service is operated by Envoy Air, Inc., a wholly owned subsidiary of American 

Airlines Group. 

6. American admits the allegations in paragraph 6 of the Complaint. American 

notes that when Mr. Crowell spoke with a Special Assistance Coordinator in the American 

reservations office, information regarding his service animal was added to his reservation but the 

special service code that advises the airport and flight crew that a service animal is on board was 

inadvertently on1itted from his reservation record. 

7. American admits the allegations in paragraph 7 of the Complaint. 

8. American admits that after arriving at Miami International Airport Mr. and Mrs. 

Crowell proceeded to the gate for American Eagle flight #3528 and were greeted by Gate Agent 

Nitza Cotto. American admits that Ms. Cotto mistakenly referred to Mr. Crowell's service dog 

initially as a "pet" but she apologized to Mr. Crowell for doing so after he corrected her. Ms. 

Cotto reports that Mr. Crowell's service dog was not wearing a vest identifying her as a service 

animal. As noted in paragraph 6 above, the service code that advises the airport and flight crew 

that a service animal is on board was inadvertently not included in Mr. Crowell's reservation. 
Answer of American Airlines, Inc. 

September 11, 2014 

Page 3 

Ms. Cotto, therefore, proceeded to add the service animal code to Mr. Crowell's reservation, but 

when she did she incorrectly used the code for a pet. Accordingly, based on the logic of the 

applicable software, the computer system would not allow for Mr. Crowell's seat assignment to 

be in the bulkhead row. Ms. Cotto reassigned Mr. Crowell from 3B (the bulkhead seat) to seat 

3A, but Ms. Cotto reports advising Mr. and Mrs. Crowell to board the aircraft and that they were 

welcome to sit in their original assigned seats, 3B and 3C. American lacks sufficient information 

to admit or deny the remainder of the allegations in paragraph 8 of the Complaint. 

9. American denies the allegations in paragraph 9 of the Complaint as they 

purport to describe an interaction Mr. and Mrs. Crowell had with gate agent Norma Menda. 

Rather, based on Atnerican's records of the event, paragraph 9 appears to be an attempt to 

describe the interaction Mr. and Mrs. Crowell had with the flight attendant, Ms. Samantha Gregg 

Drakes, while on the aircraft and not Ms. Menda. Based on a report provided to American by 

Ms. Drakes, Mr. and Mrs. Crowell were the first to board the aircraft. Since Ms. Drakes was told 

by a gate agent that the computer system would not allow Mr. and Mrs. Crowell to be assigned to 

seats 3B and 3C, Ms. Drakes offered Mr. and Mrs. Crowell seats 4B and 4C, which they 

declined. Ms. Drakes initially told Mr. Crowell that she was informed by the gate agent that he 

was not allowed to sit in the bulkhead seat. Ms. Drakes further explained, however, that she had 

no problem with Mr. Crowell sitting in the bulkhead seat provided that it could be verified that 

he was allowed to sit there with a service dog. Since Mr. and Mrs. Crowell and the service dog 

were blocking the aisle and preventing other passengers from boarding the aircraft, Ms. Drakes 

asked Mr. and Mrs. Crowell to step off of the aircraft and speak to a Passenger Service Agent to 

resolve the situation, but Mr. Crowell refused to do so. Ms. Drakes then informed the Captain of 

the situation and asked if he would call a Passenger Service Supervisor to speak to Mr. Crowell 
Answer of American Airlines, Inc. 

September 11, 2014 

Page4 

since he refused to leave the aircraft. Sometime thereafter, Mr. Crowell left the aircraft. The 

Captain reviewed his manual and confirmed that a passenger traveling with a service animal is 

permitted to sit in the bulkhead seat. Ms. Drakes informed the gate agent of the Captain's 

findings and that Mr. and Mrs. Crowell were welcome to re-board the aircraft and Mr. Crowell 

would be allowed to sit in the bulkhead seat with his service dog. By this time, however, Mr. 

and Mrs. Crowell were no longer on the jet bridge. 

10. American admits that when Mr. and Mrs. Crowell deplaned the aircraft, Ms. 

Y adicsa Bennett, then Lead Passegner Service Agent for Envoy Air, was already present at the 

gate. A Declaration executed by Ms. Bennett in which she describes her interaction with Mr. 

and Mrs. Crowell is attached hereto as Exhibit 1. Ms. Bennett apologized to Mr. and Mrs. 

Crowell for the misunderstanding and advised them several times that Mr. Crowell was 

permitted to sit in the bulkhead seat with his service animal. However, despite American's 

willingness to accommodate Mr. Crowell and his service animal in the bulkhead seat of his 

choice, he declined to travel on the flight to I(ey West. The Captain of the aircraft and Ms. 

Bennett held the aircraft at the gate until its scheduled departure time (despite the fact that all of 

the passengers except for Mr. and Mrs. Crowell had boarded and the aircraft was otherwise ready 

to depart the gate) to give Mr. and Mrs. Crowell every opportunity to re-board the aircraft for the 

flight to Key West and to be seated in the bulkhead seat, but they chose not to do so. American 

denies that Ms. Bennett referred to Mr. Crowell's service dog as a "pet." American lacks 

sufficient information to admit or deny the remainder of the allegations in paragraph 1 0 of the 

Complaint. 

11. Ms. Yadicsa Bennett does not specifically recall referring Mr. and Mrs. Crowell 

to American Airlines Customer Service at gate D-14 of the Miami International Airport to speak 
Answer of American Airlines, Inc. 

Septen1ber 11, 2014 

Page 5 

to a Supervisor. Ms. Bennett was at the time a supervisor and a trained Complaints Resolution 

Official (CRO). Ms. Bennett reports that after the aircraft had departed, Mr. and Mrs. Crowell 

asked Ms. Bennett to book them on a flight back to Jacksonville, Florida, which Ms. Bennett did. 

A few minutes later, however, Mrs. Crowell requested to cancel the reservation for the flight 

back to Jacksonville since she advised Ms. Bennett they planned to drive to Key West instead. 

12. American admits that Mr. Mitchell Becker was contacted by another American 

employee at the gate D-14 Service Center and advised that Mr. and Mrs. Crowell were at the 

gate D-14 Service Center and presented a situation that required a Complaints Resolution 

Official (CRO). A1nerican admits that Mr. Becker explained to Mr. and Mrs. Crowell by 

telephone that he was on the other side of the airport at the gate D-3 7 Service Center and that it 

would take a while for him to arrive at the gate D-14 Service Center but that he would be there as 

quickly as possible. American denies that Mr. Becker stated a specific an1ount of time that it 

would take him to arrive at the gate D-14 Service Center. American lacks sufficient information 

to admit or deny the remainder of the allegations in paragraph 12 of the Complaint. 

13. An1erican admits that while still at the Miami International Airport, Mr. and Mrs. 

Crowell spoke with Customer Care Manager Mitchell Becker, who, like Ms. Yadicsa Bennett, is 

also a trained Con1plaints Resolution Official (CRO). Mr. Becker reports that he arrived at the 

D-14 Service Center within approximately 15 to 20 minutes after speaking by telephone with 

Mr. and Mrs. Crowell. Mr. Becker does not recall if Mr. Crowell's service dog was wearing a 

vest that stated "Service Dog- Do Not Pet." Mr. Becker, however, reports that as a trained CRO 

he always asks passengers for permission before he pets any animal. American further admits 

that Mr. Becker offered to arrange for Mr. and Mrs. Crowell to be seated in the bulkhead seat on 

the next flight to Key West, but Mr. Crowell declined this offer, having previously declined the 
Answer of American Airlines, Inc. 

Septe1nber 11, 2014 

Page 6 

offer to travel on Flight #3528 to Key West in the seat of his choice. Mr. Becker reports that Mr. 

Crowell advised him that he would be driving to Key West instead. Mr. Becker also apologized 

to Mr. and Mrs. Crowell for any inconvenience that they initially incurred when boarding the 

original flight to Key West and offered vouchers as a customer service gesture. In addition, Mr. 

Becker contacted an Envoy representative and passed on Mr. Crowell's concerns. Mr. Crowell 

thanked Mr. Becker and told Mr. Becker that he appreciated his help. Mr. Crowell, however, 

also declined the vouchers that Mr. Becker offered. American admits that Mr. Crowell told Mr. 

Becker that he would be filing a formal co1nplaint and that Mr. Becker responded that it was his 

prerogative to do so. American lacks sufficient information to admit or deny the remainder of 

the allegations in paragraph 13 of the Complaint. 

14. American lacks sufficient information to adn1it or deny the allegations in 

paragraph 14 of the Complaint. American notes, however, that several of its employees in 

Miami report that Mr. Crowell advised them that he would be renting a car and driving to Key 

West to attend the Wounded Warrior Project Couples' Odyssey, rather than renting a car and 

driving back to Jacksonville, Florida as stated in the Complaint. In fact, American took the steps 

necessary to ensure that Mr. and Mrs. Crowell's return flights from Key West to Jacksonville 

would not be cancelled (because they did not travel by air to K.ey West) due to what American 

understood as Mr. and Mrs. Crowell's decision to drive from Miami to Key West instead of 

using the outbound Miami to Key West segment of their tickets. On May 15, 2014, American 

also processed a full refund of the fare associated with Mr. and Mrs. Crowell's tickets and Mr. 

Crowell's checked baggage charge. Further, American has offered (twice) to reimburse Mr. 

Crowell for the cost of his rental car and requested receipts to document his expenses. To date, 

neither Mr. Crowell nor his attorney have provided American with receipts for his rental car. 
Answer of American Airlines, Inc. 

Septen1ber 11, 2014 

Page 7 

15. American incorporates by reference its above responses to paragraphs 1 through 

14 of the Complaint. 

16. American denies the allegations in paragraph 16 of the Complaint. 

1 7. American denies the allegations in paragraph 17 of the Complaint. 

18. American denies the allegations in paragraph 18 of the Con1plaint. 

19. American denies the allegations in paragraph 19 of the Complaint. 

20. American lacks sufficient information to admit or deny the allegations regarding 

the impact of the experience on Mr. Crowell, but denies any implication that An1erican's actions 

were in violation of Air Carrier Access Act and DOT's implementing Regulations. 

Affirmative Defense 

1. Although there was for a short period of time some initial confusion whether or 

not Mr. Crowell was permitted to sit in the bulkhead seat with his service dog on American 

Eagle flight #3528 from Miami to Key West, American ultimately verified that he was allowed 

to do so and offered Mr. Crowell prior to departure the option of sitting in the bulkhead seat with 

his service dog on his originally scheduled flight. Mr. Crowell, however, declined American's 

offer and chose not to travel on the flight. In addition, American subsequently offered Mr. 

Crowell the opportunity to travel on the next flight from Miami to Key West in the bulkhead 

seat. Mr. Crowell also declined this offer. Since American offered the bulkhead seat to Mr. 

Crowell on his original flight (and on a subsequent flight) American complied with its 

obligations under the Air Carrier Access Act and DOT's implementing Regulations. Therefore, 

the Complaint fails to state a claim upon which relief can be granted. 
Answer of Atnerican Airlines, Inc. 

September 11, 2014 

Page 8 

WHEREFORE, for all of the reasons set forth above, An1erican Airlines, Inc. 

respectfully requests the Department dismiss the complaint in accordance with Rule 406(a)(2) of 

the Department's Rules of Practice in Proceedings (14 C.P.R. §302.406(a)(2)). 

Respectfully submitted, 

SILVERBERG, GOLDMAN & BIKOFF, L.L.P. 

Robert P. Silverberg 

Dated: September 11, 2014 
EXHIBIT 1 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Kevin Crowell, 

) 

) 

Third-party Complainant ) 

v. 

) Docket DOT-OST-2014-0146 

) 

) 

American Airlines, Inc. ) 

DECLARATION OF YADICSA BENNETT 

I, Yadicsa Bennett, hereby declare as follows: 

1. I am cunently a Passenger Service Agent for American Airlines at Miami 

International Airpoti. On April 28) 2014, I was serving as Lead Passenger Service Agent 

for Envoy Air, Inc. at Miami International Airport. Envoy Air, Inc. is a wholly owned 

subsidiary of American Airlines Group and conducts flight operations as American Eagle 

at Miami International Airport among other airports. 

2. I have been trained under Part 382 of Department of Transportation's 

Regulation (14 C.F.R. Pm1382) as a Complaints Resolution Official (CRO). 

3. On April28, 2014, I was contacted by Gate Agent Nitza Cotto and was 

advised that a passenger at gateD-53 of Miami International Airport had asked to speak 

with a supervisor. I anived at gateD-53 approxhnately ten minutes prior to departure of 

American Eagle flight #3528 from Miami to Key West, Florida. I was asked to speak 

with Mr. and Mrs. Crowell about their seat assignments and I did so in my capacity as 

Lead Passenger Service Agent and a CRO. 

4. When I arrived at gate D-53, Mr. and Mrs. Crowell had deplaned the 

aircraft and were in the waiting area adjacent to the gate. I apologized to Mr. and Mrs. 
Crowell for the initial misunderstanding regarding their seat assignments and advised 

them several times that Mr. Crowell was pennitted to sit in the bulkhead seat of the 

aircraft with his service animal. Mr. and Mrs. Crowell, however, chose not tore-board 

the aircraft for the flight to Key West despite being told that Mr. Crowell was pennitted 

to sit in the bulkhead seat with his service animal. 

5. The Captain of the flight and I held the aircraft at the gate until its 

scheduled departure time (despite the fact that all of the passengers except for Mr. and 

Mrs. Crowell had boarded and the aircraft was otherwise ready to depart the gate) to give 

Mr. and Mrs. Crowell every opportunity to rewboard the aircraft for the flight to Key West 

and to be seated in the bulkhead seat, but they chose not to do so. American Eagle flight 

#3528 departed without Mr. and Mrs. Crowell as passengers although the requested 

bulkhead seat was repeatedly offered to Mr. Crowell and was available for his use. 

Declared under penalty of perjury this 1oth day of Septen1ber 2014. 

2 
CERTIFICATE OF SERVICE 

I hereby certify that I have on this 11th day of September 2014, served a copy of the 

foregoing Answer of American Airlines, Inc. by e-mail and First Class mail upon the following 

person: 

William J. Sheppard, Esq. 

Sheppard, White, Kachergus & DeMaggio, P .A. 

215 Washington Street 

Jacksonville, Florida 32202 

E-mail: sheplaw@att.net