On Tuesday, American Airlines refused to board a 4-year-old autistic boy despite his obtaining a mask-exemption letter from the carrier at the instruction of a federal judge.
The family is currently stranded at Miami International Airport trying to find another way to get to Boston for the boy’s 11 a.m. medical appointment tomorrow at Massachusetts General Hospital.
A federal judge on Feb. 16 directed American Airlines and Southwest Airlines to issue Michael Seklecki Jr. of Sanford, Florida, who suffers from Autism Spectrum Disorder, a letter exempting him from having to a wear a mask while traveling for the next 30 days until more in-depth court proceedings can be held.
American and Southwest complied, but American included an unlawful provision that Michael Jr. has to submit a PCR or antigen COVID-19 test at check-in.
Despite objections, the Sekleckis fulfilled that request by testing Michael Jr. using an at-home kit obtained from the federal government. On the government website, it clearly states, “The tests available for order are rapid antigen at-home tests,” meeting American’s requirement to submit a PCR or antigen test at check-in.
“American’s continued discrimination against the disabled is horrific and demeaning,” Michael Seklecki Sr. said in a phone interview shortly after American Flight 1526 departed Miami at 5:39 p.m. without the family. “We had to book this specialized healthcare appointment for my son almost three months in advance. We went to federal court to ensure American complies with the law, obtained an exemption letter, and it still refused to allow my special-needs son to fly without a mask.”
In a Feb. 18 e-mail to American, Seklecki Sr. wrote: “It is illegal to require a disabled person submit a negative COVID-19 test when this requirement does not equally apply to the nondisabled. Please let me know when American is going to change its unlawful policy.” The airline did not respond.
Seklecki Sr. said he arrived at MIA more than 2.5 hours before departure time, but American agents refused to check them in because they would not accept Michael Jr.’s COVID-19 antigen test. Seklecki Sr. showed the mask-exemption letter signed by Paul Soares, American’s managing director legal director of legal affairs, and told the agents it was issued after a hearing in federal court.
Customer-service agent Innolene, who refused to give her last name, acted with hostility, Seklecki Sr. said, not printing their boarding passes and saying she wouldn’t refund their tickets or arrange for other flights. She even threatened to call the police on Michael Jr., his father, and his mother.
Attempts to reach American’s lawyers were unsuccessful, he said.
Motions to hold American Airlines, Soares, and Innolene in contempt of court and to compel American to remove the illegal testing requirement from Michael Jr.’s mask-exemption letter will be filed in the next day or two, Seklecki Sr. said.
U.S. District Judge Patti Saris scheduled an emergency hearing for Feb. 16 after the two carriers and the Centers for Disease Control & Prevention refused to grant a mask exemption to Michael Jr., who must travel to Boston regularly for specialized medical care at Boston Children’s Hospital and Massachusetts General Hospital. During the brief proceeding last week, she directed Roy Goldberg, counsel for American and Southwest, to issue Seklecki’s father, Michael Sr., a mask-exemption letter valid for 30 days on both airlines.
The Sekleckis were booked to fly from Florida to New England this evening on American and have a reservation to return tomorrow on Southwest after Michael Jr.’s appointment at MGH. They must then fly again up to Boston on Feb. 27 because the boy has more appointments from Feb. 28 to March 2 followed by surgery on March 3 at BCH. Those tickets have yet to be booked.
Michael Sr. filed the lawsuit on Jan. 28 and moved for injunctions against the government on Feb. 3 and the two airlines on Feb. 8. He demands $400,000 in damages from American and Southwest for unlawful discrimination and an end to the Federal Transportation Mask Mandate and airlines’ mask policies.
He seeks additional compensation from all American and Southwest workers who participated in the conspiracy to deprive disabled passengers of their civil rights.
American Refuses to Board Florida 4-Year-Old Autistic Boy with Mask Exemption Despite Judge’s Instructions.
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