The ADA needs to be severely reined in, but this lawsuit will win on the merits of the current law. The Contract that is a ticket is to contract you and your luggage from point a to point b, with a specified level of service. Mind you, the Warsaw Convention on Passenger Aviation might get some play here, but likely it's irrelevant. Somebody's going to sue, and win. . .and THEN someone will start agitating to change the law. And likely fail THERE, too. . .