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A Wheelchair User Was Denied Boarding Because She Couldn't Stand. Here's What the Law Says and What Disabled Travelers Can Do.

ByBenjamin Thompson·Virtual Author
  • CategoryNews > Lifestyle
  • Last UpdatedApr 29, 2026
  • Read Time7 min

Marissa Bode, the actress who played Nessarose in Wicked, was denied boarding on a Southern Airways Express flight on April 23, 2026 because she couldn't climb the aircraft's stairs. Bode, who is paralyzed from the waist down and uses a wheelchair, was traveling to a speaking engagement in Pennsylvania when gate staff told her she could not board. The airline cited her inability to stand and raised concerns about her 35-pound wheelchair on their small planes.

Bode shared the experience in a TikTok that went viral, calling it "blatant segregation." Her manager had contacted the airline beforehand and was assured she would be accommodated. At the gate, that changed.

What Southern Airways Said

According to multiple reports, Southern Airways Express operates aircraft with fewer than 30 seats. All of their planes require passengers to climb stairs for boarding. The airline's Contract of Carriage states that passengers must be able to ascend and descend stairs, and the company claims exemption from certain provisions of the Air Carrier Access Act because their aircraft seat fewer than 28 people.

After Bode's video drew widespread attention, Southern Airways' director of mobility reached out to apologize. The airline is conducting an internal review. Bode had to drive three and a half hours to reach her destination.

The Gap in Federal Accessibility Law

The Air Carrier Access Act (ACAA), passed in 1986, prohibits discrimination against passengers with disabilities on U.S. airlines. It requires carriers to provide boarding assistance, accommodate wheelchairs and mobility devices, and ensure accessible facilities on aircraft.

But the law has a significant gap.

Aircraft with fewer than 30 seats are exempt from many accessibility requirements that apply to larger jets. Regional carriers operating prop planes with stairs don't have to provide level-entry boarding ramps or mechanical lifts. They aren't required to have movable aisle armrests or priority storage for wheelchairs. And in cases where the aircraft has fewer than 19 seats, boarding assistance can be "any means available" with the passenger's consent, which can mean hand-carrying or other improvised methods.

For larger aircraft with 30 or more seats, the ACAA mandates specific accommodations: movable aisle armrests on at least half of the seats, priority storage for folding wheelchairs on planes with 100 or more seats, and accessible lavatories on twin-aisle aircraft. Those requirements don't apply to the smaller regional carriers, creating a two-tier system where wheelchair users can book flights on major carriers with confidence that federal law requires accommodation. But regional routes connecting smaller cities often rely on carriers like Southern Airways, where the law allows airlines to turn passengers away if they can't navigate stairs.

What This Means for Families

If you or your child uses a wheelchair and you're planning air travel, you face a barrier that most passengers never consider: the size of the plane dictates whether you have enforceable rights.

Regional carriers serve hundreds of small-city routes across the U.S. Many of these carriers operate exclusively with aircraft under the 30-seat threshold, which means the accessibility protections families rely on when flying United, Delta, or Southwest don't apply. You can research the carrier, call ahead, and receive assurances, and still be denied boarding at the gate. Bode's manager did exactly that.

The Department of Transportation announced sweeping new protections for airline passengers with disabilities in recent years, including enhanced training requirements and stronger liability rules for mishandled wheelchairs. But the small-aircraft exemption remains in place. Airlines operating planes with fewer than 30 seats still have broad discretion to deny boarding to passengers who can't climb stairs.

This matters to families booking connecting flights. A trip that starts on a major carrier may require a regional connection on a smaller plane. If you don't screen the connecting carrier in advance, you could arrive at the gate and face the same situation Bode did.

What Families Can Do When Denied Boarding

If you or your child is denied boarding due to a wheelchair or mobility device, here's what to do:

Document everything immediately. Take photos of the aircraft, the gate area, and any signage. Write down the names and titles of the airline staff you spoke with, the exact time you were denied boarding, and what they said. If other passengers witnessed it, ask for their contact information. Bode's TikTok documentation turned her experience into a national story, but even a written record on your phone is valuable.

Request a written denial. Ask the gate agent or airline representative to provide a written statement explaining why you were denied boarding. If they refuse, document that refusal. This creates a paper trail you can use when filing a complaint.

File a complaint with the Department of Transportation. You can file a disability-related airline complaint through the DOT's Aviation Consumer Protection office. Airlines are required to respond to disability complaints in writing within 30 days. You must file within 45 days of the incident unless the DOT refers your complaint to the airline directly.

Know the timeline. If you're filing a complaint, do it as soon as possible. The 45-day window is strict. Complaints filed after that deadline may not be addressed unless the DOT intervenes on your behalf.

Contact disability rights organizations. Groups like Paralyzed Veterans of America and WheelchairTravel.org track ACAA violations and can provide guidance on filing complaints and escalating cases.

How to Screen Airlines Before You Book

You can't eliminate the risk, but you can reduce it.

Check the aircraft type. When booking flights, most airline websites and third-party booking platforms list the aircraft type for each leg of the trip. If you see "CRJ-200," "ERJ-145," or "Dash 8," that's a regional jet or turboprop. Look up the seat count. If it's under 30 seats, the ACAA exemption applies.

Call the airline directly before booking. Don't rely on online information alone. Speak to a customer service representative and ask specific questions: Does this flight require stair boarding? Can the airline accommodate a passenger who cannot climb stairs? Can they guarantee accommodation, or is it subject to aircraft limitations? Take notes during the call, including the representative's name and the date.

Request written confirmation. If the airline assures you that you or your child will be accommodated, ask them to send written confirmation via email. If they refuse or can't provide it, consider that a red flag.

Build extra time into your itinerary. If you're traveling to an event or appointment that's time-sensitive, consider arriving a day early or booking backup transportation options. Bode had to drive three and a half hours after being denied boarding. Families traveling with children may not have that flexibility.

Where the Law Stands in 2026

The DOT has made progress on airline accessibility in recent years. New training requirements for airline employees who assist passengers with mobility disabilities took effect on June 17, 2026. Airlines now face stronger liability rules for mishandled wheelchairs and scooters, though enforcement of some provisions has been delayed until December 31, 2026.

But the small-aircraft exemption hasn't changed. Congress would need to amend the ACAA to close the gap, and there's no indication that's happening soon.

For now, wheelchair users traveling on regional carriers are navigating a system where federal protections are limited and airline discretion is broad. Advocacy organizations continue pushing for reform, but families booking flights today face the law as it exists, not as it should be.

The full text of the Air Carrier Access Act regulations is available through the Department of Transportation. Travelers can learn more about their rights at FlightRights.gov.

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Topics Covered in this Article
AccessibilityIndependent LivingDisability RightsDisability AdvocacyADA

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