In a recent lawsuit against Delta Air Lines, a disabled Maui man alleges he was twice forced to crawl unassisted through the aisle of the carrier’s planes, up and down the stairs to the door, and along the tarmac so he could board and exit his flights.
Baraka Kanaan, president of the Maui-based nonprofit group Lovevolution, is partially paralyzed and uses a wheelchair due to spinal injuries he suffered in a 2000 vehicle accident, according to the suit, filed July 23 in federal court.
Kanaan says that before flying to Nantucket, Mass., for a conference last summer, he called Delta three times to inform the airline that he would need an aisle chair and lift to access the plane. But when his flight landed in Nantucket, the Georgia-based carrier didn’t have that equipment available — and the flight crew told him they couldn’t help him exit due to liability reasons, the court complaint states.
"In his nicest suit, he crawled hand over hand through the main cabin and down a narrow flight of stairs and across the tarmac to his wheelchair," it adds. Kanaan says a Delta employee on the carrier’s Salt Lake City disability desk offered him a $100 voucher immediately after the experience, a gesture the lawsuit described as an insult.
Kanaan says he "adamantly" told Delta personnel he would be leaving Nantucket to return to Maui in two days and that they assured him they’d have the equipment. However, according to the suit, Delta still lacked the lift and aisle chair to get him aboard, and again Kanaan had to crawl across part of the tarmac, up the stairs and into his seat. Personnel offered to put down a piece of cardboard so his clothes wouldn’t get dirty, the suit stated.
"I was shocked," Kanaan, 40, said in a phone interview Thursday. "In utter shock I began … crawling like a grunt through basic training."
"I’ve never in my life, since I’ve been disabled, encountered anything like this," he added. "They knew every step of the way that I was coming and going."
Delta provided a statement Friday on the incident. "When we were made aware last year of a customer who was displeased with our service in Nantucket, we began an investigation. We are continuing to take this situation very seriously," it stated. "Delta strives to make travel for all of our customers as comfortable, convenient and hassle-free as possible and support them when requested." The statement said Delta would not comment further because of the litigation.
Kanaan seeks compensation for damages to be determined at trial — for negligence, emotional distress and violations of the Americans with Disabilities Act. The suit specifically alleges that Delta failed to comply with the federal Air Carrier Access Act, which requires airlines to assist disabled passengers with ramps, lifts and other devices to board flights with at least 31 seats.
Kanaan said the planes he traveled in to Nantucket last year "absolutely" held more than 31 passengers.
The suit further claims the experience injured Kanaan and forced him to postpone a scheduled spinal cord fusion surgery after he returned to Maui. Kanaan said Thursday that his doctors had approved him to fly, but "I was definitely not given the green light to crawl and to pull myself up stairs."
The suit states Delta received 5,000 complaints in 2011, including numerous incidents involving disabled passengers.
"It’s not just about me; it’s about the bigger picture," Kanaan said Friday.
