BEFORETHE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Kevin Crowell, Third-partyComplainant

v. AmericanAirlines, Inc. ) ) ) ) DocketDOT-OST-2014-0146 ) ) )



### ANSWEROFAMERICANAIRLINES,INC. Communicationswithrespectto this document shouldbeaddressedto: AlecBramlett, Esq. ManagingDirector Legal and GovernmentAffairs AMERICANAIRLINES, INC. MD 5675, P.O. Box 619616 DFWAirport, Texas 76261

Dated: September 11, 2014 RobertP. 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 

### AMERICANAIRLINES,INC.BEFORETHE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Kevin Crowell, ) ) ) Third-partyComplainant

v. ) DocketDOT-OST-2014-0146 ) ) AmericanAirlines, Inc. )

ANSWEROFAMERICANAIRLINES, 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") onbehalfofMr. Kevin Crowell ("Mr. Crowell") onAugust 27, 2014. Admissions and Denials 1. American admits that the complaint alleges violations ofthe Air Carrier Access Act and the Department's implementing Regulations, but American denies that it con1mitted any suchviolations. 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 informationto admit or deny whether Mr. Crowell's service dog is used to assist him withpost-traumatic stress disorder (PTSD) andmobilityissues. 3. American lacks sufficient information to admit or deny the allegations In paragraph 3 ofthe Complaint.Answer ofAmerican 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." Ofthe 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 NotPet." 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 ofAmerican 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 reservationbut the special service code that advises the airport and flight crew that a service animal is on board was inadvertentlyon1itted from his reservationrecord. 7. American admits the allegations in paragraph 7 ofthe 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.AnswerofAmericanAirlines, 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 ofthe 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, butMs. Cotto reports advising Mr. and Mrs. Crowell to board the aircraft and that theywere welcometo sit in their original assigned seats, 3B and 3C. American lacks sufficient information to admit ordenythe remainder ofthe allegations inparagraph 8 ofthe 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 hadwith the flight attendant, Ms. SamanthaGregg 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 boardthe aircraft. SinceMs. Drakes was told bya gate agent thatthe computer system would not allow Mr. and Mrs. Crowell to be assignedto 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 bythe gate agent that he

was not allowed to sit in thebulkhead 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 offofthe 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 ifhe would call a Passenger Service Supervisor to speak to Mr. CrowellAnswerofAmericanAirlines, 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 thejetbridge. 10. American admits that when Mr. and Mrs. Crowell deplaned the aircraft, Ms. Yadicsa 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 ofthe aircraft and Ms. Bennettheld the aircraft at the gate until its scheduled departure time (despite the fact that all of thepassengers except for Mr. and Mrs. Crowell hadboarded and the aircraft was otherwiseready to depart the gate) to give Mr. and Mrs. Crowell every opportunityto re-board the aircraft for the flight to KeyWest and to be seated in thebulkhead seat, butthey 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 ofthe allegations in paragraph 1 0 ofthe Complaint. 11. Ms. Yadicsa Bennett does not specifically recall referring Mr. and Mrs. Crowell to American Airlines Customer Service at gate D-14 ofthe Miami International Airport to speakAnswerofAmericanAirlines, 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. Bennettto bookthem on a flight backto Jacksonville, Florida, which Ms. Bennett did. A few minutes later, however, Mrs. Crowell requested to cancel the reservation for the flight backto Jacksonville since she advised Ms. Bennetttheyplanned to drive to KeyWest 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 ofthe airport at the gate D-37 Service Center and that it would take a while for him to arrive at the gate D-14 Service Centerbutthathe wouldbe there as quickly as possible. American denies that Mr. Becker stated a specific an1ount oftime that it would takehim to arrive at the gate D-14 Service Center. American lacks sufficient information to admit ordenythe remainder ofthe allegations in paragraph 12 ofthe Complaint. 13. An1erican admits that while still at the Miami International Airport, Mr. and Mrs. Crowell spoke with Customer Care ManagerMitchell 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 ifMr. Crowell's service dog was wearing a vestthat stated "Service Dog- DoNotPet." Mr. Becker, however, reports that as atrained 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 theAnswerofAmerican Airlines, Inc. Septe1nber 11, 2014 Page 6 offerto travel on Flight#3528 to KeyWestin the seat ofhis choice. Mr. Beckerreports 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 KeyWest 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. Beckerthat he would be filing a formal co1nplaint and that Mr. Beckerresponded that it was his prerogative to do so. American lacks sufficient information to admit or deny the remainder of the allegations inparagraph 13 ofthe 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 drivingbackto Jacksonville, Florida as stated in the Complaint. In fact, American tookthe 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 oftheir tickets. On May 15, 2014, American also processed a full refund ofthe 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 ofhis rental car and requested receipts to document his expenses. To date, neitherMr. Crowell norhis attorneyhaveprovidedAmerican with receipts for his rental car.AnswerofAmericanAirlines, Inc. Septen1ber 11, 2014 Page 7 15. American incorporates by reference its above responses to paragraphs 1 through 14 ofthe Complaint. 16. American deniesthe allegations inparagraph 16 ofthe Complaint. 1

7. American denies the allegations inparagraph 17 ofthe Complaint. 18. American denies the allegations inparagraph 18 ofthe Con1plaint. 19. American denies the allegations inparagraph 19 ofthe Complaint. 20. American lacks sufficient information to admit or deny the allegations regarding the impact ofthe experience on Mr. Crowell, but denies any implication that An1erican's actions

were inviolation ofAir CarrierAccess Act andDOT's implementingRegulations. AffirmativeDefense 1. Although there was for a short period oftime 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 priorto departure the option ofsitting in thebulkhead 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 Complaintfails to state a claimuponwhichreliefcanbegranted.Answer ofAtnerican Airlines, Inc. September 11, 2014 Page 8 WHEREFORE, for all of the reasons set forth above, An1erican Airlines, Inc. respectfullyrequests the Department dismiss the complaint in accordance with Rule 406(a)(2) of the Department'sRules ofPractice in Proceedings (14 C.P.R. §302.406(a)(2)). Respectfully submitted, SILVERBERG, GOLDMAN & BIKOFF, L.L.P.

RobertP. Silverberg Dated: September 11, 2014

### EXHIBIT 1BEFORE THE U.S. DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.

Kevin Crowell, ) ) ) Third-party Complainant



### v. ) Docket DOT-OST-2014-0146 ) ) AmericanAirlines, Inc. )

DECLARATIONOFYADICSABENNETT I, YadicsaBennett, hereby declare as follows: 1. I am cunently a Passenger ServiceAgentforAmerican Airlines at Miami International Airpoti. OnApril 28) 2014, Iwas serving as Lead Passenger Service Agent for Envoy Air, Inc. at Miami International Airport. Envoy Air, Inc. is a wholly owned subsidiary ofAmerican Airlines Group and conducts flight operations as AmericanEagle at Miami International Airport among other airports. 2. Ihave been trained under Part 382 ofDepartmentofTransportation's Regulation (14 C.F.R. Pm1382) as a Complaints Resolution Official (CRO). 3. On April28, 2014, Iwas contactedby Gate AgentNitza Cotto and was advisedthat apassenger at gateD-53 ofMiami International Airport had asked to speak witha supervisor. IanivedatgateD-53 approxhnatelytenminutes priorto departure of AmericanEagle flight#3528 from Miamito Key West, Florida. I was askedto speak withMr. and Mrs. Crowell abouttheir seat assignments andIdid so inmy capacity as Lead Passenger Service Agent and aCRO. 4. When Iarrived at gate D-53, Mr. and Mrs. Crowell had deplaned the aircraft and were in the waiting area adjacentto the gate. I apologized to Mr. and Mrs.Crowell for the initial misunderstandingregarding their seatassignments and advised them several times that Mr. Crowell was pennittedto sit inthe bulkhead seat ofthe aircraft with his service animal. Mr. and Mrs. Crowell, however, chose nottore-board the aircraft for the flight to Key West despite beingtoldthatMr. Crowell was pennitted to sit in the bulkhead seatwithhis service animal. 5. The Captainofthe flight and I held the aircraft atthe gateuntil its scheduled departuretime (despite the fact that all ofthe passengers except for Mr. and Mrs. Crowellhadboarded and the aircraftwas otherwiseready to departthe gate) to give Mr. andMrs. Crowell every opportunityto rewboard the aircraftfor the flight to Key West and to be seatedinthe bulkhead seat, butthey chose not to do so. American Eagle flight #3528 departed withoutMr. andMrs. Crowell aspassengers althoughthe requested bulkhead seat was repeatedly offered to Mr. Crowell and was available for his use. Declaredunderpenalty ofperjurythis 1oth day ofSepten1ber 2014.

2

### CERTIFICATE OF SERVICE I hereby certify that I have on this 11th day of September 2014, served a copy ofthe foregoing Answer ofAmerican 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