The airline said the flight was overbooked but later denied it.
Traveling with kids requires countless hours of planning, but even if you’ve checked all the boxes, airlines can throw you for a loop. This is what happened to a couple when their 4-year-old son was involuntarily bumped from a flight. The family is now suing American Airlines for emotional distress, anxiety, and stress, and for allegedly targeting them due to the mother’s deafness.
Emily and Coby Stewart were traveling with their four minor children from Lake Charles to Orlando for a once-in-a-lifetime Disney World trip in March 2025. But it started with any parent’s worst nightmare. The couple arrived at the airport almost two hours before departure, and Coby went to check in and inform the gate agent that he was a veteran and that his wife, Emily, is deaf.
According to the lawsuit, the gate agent told him the flight was overbooked after learning about Emily’s deafness and that one person from their travel group would have to be bumped. The lawsuit also alleges that not all passengers had checked in at the time. Coby explained that they could not travel separately because Emily uses American Sign Language (ASL) and he is her interpreter. She could not attend to four minor children without his help, but the agent did not budge.
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“It was only after learning of Emily Stewart’s special needs that the American Airlines ticketing agent advised the Stewart family that they were the one and only passengers in the lottery to be ejected from a full flight,” the complaint said.
Related: A 13-Hour Economy Flight With Two Kids Should’ve Been Miserable — But the Airline I Booked With Miles Was a Dream
After all passengers were screened, the ticketing agent informed the family that they were preparing to eject their 4-year-old son, Archer, from the flight.
In the end, Coby volunteered to take another flight from a different airport with his 4-year-old son. He was assured a $1,200 voucher to use at Jack Brooks Regional Airport in Texas, which was an hour away, and was also told he would be able to reconnect with his family in Dallas during their connection. Both turned out to be untrue.
On his way to the airport, Coby received a call from the agent saying the voucher had been rescinded because the flight was not oversold after all. To make matters worse, he was unable to join his family at the Dallas airport and instead arrived at Disney World much later than they did.
The family is suing the airline for causing distress, anxiety and fear, and is seeking damages, court costs and interest. They also allege that the airline targeted the family because of Emily’s deafness and violated the Americans with Disabilities Act.
American Airlines has asked for 21 days to respond to the allegations and said it requires “additional time in which to conduct its investigation.”
Airlines have received significant criticism for charging extra to seat families together. The Federal Aviation Administration has issued guidance encouraging airlines to seat children younger than 13 next to an accompanying adult without additional costs, but airlines can and do separate them.
Bumping passengers is a legal practice, and airlines determine their own “fair boarding priorities.” When you buy a ticket, you also agree to the contract of carriage, which states the airline may remove passengers. In these cases, passengers can negotiate compensation with the airline, and carriers are required to rebook them.
