Michael Forzano was ready for his flight to Fort Lauderdale on the morning of Sunday, February 18th, 2024. He’d pre-purchased a ticket, ensured his TSA Precheck paperwork was up-to-date, provided advance notice to JetBlue that he would be flying with his guide dog service animal, Katie, and checked in online to download his electronic boarding pass.
On the morning of February 18th, Mr. Forzano and his companion, Katrina Albert, set off for JFK International Airport’s Terminal 5, anticipating a quick transit through the terminal to their gate. They proceeded to the TSA Precheck security line. There, the gatekeeper who was checking boarding passes denied Forzano and Albert entry.
Disability Law United today filed suit on behalf of Michael Forzano, defending his right as a disabled person to take a service animal through the airport. Forzano is blind and hard-of-hearing, and uses a seeing eye dog trained by The Seeing Eye as a mobility aid.
The complaint alleges that The Port Authority of New York and New Jersey, JetBlue Corporation, and Airway LLC, engaged in discrimination by requiring special documentation and/or not providing reasonable accommodations to people who are clearly and apparently disabled.
When Forzano and Albert were denied entry to the TSA Precheck line, the gatekeeper told them it was because Forzano’s electronic boarding pass showed no indication that he was traveling with a service animal, and stated that airport policy prevented him from allowing Forzano and Albert into the security line without that indication on his boarding pass. Forzano explained that he’d submitted the correct forms, and that JetBlue had already approved him to travel with his seeing eye dog. He produced the proof of approval, to no avail. The gatekeeper continued to refuse access, and told Forzano and Albert they’d have to find a JetBlue agent to print a paper boarding pass with the indicator clearly marked, in order for them to be allowed into the security screening area
At that point, Forzano and Albert began searching for a JetBlue agent to print Forzano’s boarding pass, with no help or guidance from the gatekeeper who’d denied them access. The search took precious time they’d allowed to get through security, find something to eat, and arrive at their gate. Ultimately, instead of a calm and methodical journey through JFK’s Terminal 5, Forzano, Albert and Katie were forced to rush with no time to stop. They barely made their flight after finally finding a JetBlue agent who could assist with printing the boarding pass.
All this, in the company of a trained service animal who was calmly and obviously guiding Forzano.
Of the experience, Forzano had this to say:
“[It] was humiliating. Being held up just because I happen to travel with a guide dog due to my disability made me feel like a second-class citizen, and created unnecessary stress in what was supposed to be the start of a relaxing vacation for my girlfriend and I. It’s my hope this lawsuit will compel the Port Authority to enforce the law and allow service animal users unrestricted access to all public areas of New York airports.”
DLU staff attorney Albert Elia said of the suit,
“Access to pre-check lines, and the ability to use electronic boarding passes, are tools designed to reduce the stress and time involved in modern air travel. Blind guide dog users are denied those benefits under policies like this, which add nothing to the safety or well-being of others, but impose additional burdens simply because someone is disabled.”
Access to public spaces and services for people with disabilities is protected by law. Michael Forzano’s experience shows a clear unwillingness to be accountable to existing protections for Americans with disabilities. Governmental entities, private companies and their employees must be held accountable when they fail to respect those laws and the individuals they protect.
For media inquiries or questions, please contact Cynthia Rice, DLU Legal Director, at (303) 551-9389 or crice@dlunited.org.