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Henrietta Man Denied Airplane Access Considers Legal Action

Local News

Wednesday, Jerremy Lorch said he was denied access to his Air Canada flight from Rochester to Vancouver. It’s a story you first heard on News 8.

Lorch’s attorney, Kevin Clark said they are looking into what legal action to take in this case.  According to Clark, this won’t fall under the American Disabilities Act because the Act excludes air travel. The Federal Air Carrier Access Act would apply. However, instead of filing a lawsuit in federal court, he would have to file a complaint with the U.S. Department of Transportation. Clark said any sanction by the D.O.T. would be minor and any fines would go to the government.

The airline has since reached out to Lorch to apologize and refund his travel expenses. But, Clark said that’s not enough.

“The time to make a meaningful apology was then,” Clark said. “But, I mean, what apology is there to make? Just get him on the plane.” “They knew ahead of time. And, even if they hadn’t prepared, which they should have, once he arrived, they could have done some simple problem solving,” said Lorch’s wife, Ashley. “They didn’t even attempt to get him on the plane and that was infuriating. They just said they can’t.”

Clark said they intend to make a decision on the legal course of action within 45 days.

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