United Passengers Violated Video Policy
Jennifer Billock April 13, 2017
Technically, United could legally prosecute anyone who took video of them forcibly removing that passenger.
United Airlines screwed up – whether or not they want to admit it – but according to airline policy, so did the passengers who took video of them forcibly removing a passenger from a flight out of Chicago. Essentially, United has a policy about using electronic devices on planes, specifically about photos and videos. Passengers can take as many pictures and videos as they want – as long as it’s only capturing personal shots. The airline does not allow passengers to record or photograph other passengers or the crew without their consent.
So technically, United could sue everybody who recorded the removal. But it’s doubtful they will. Perry Flint, a spokesperson for the International Air Transport Association, told USA Today that passengers record each other and crew all the time. Much of it ends up on social media, documenting everything from funny safety announcements to annoying or unruly travelers and crew.
“Certainly it happens all the time,” Flint told USA Today.
And from a public relations perspective, going after customers who recorded the incident would be a PR nightmare on top of the one the airline is already in.
“Are [the customers] in violation of the policy? Without a doubt. The airline has a right to control what happens on their planes,” Anthony Rickman, a defense attorney in Tampa, told USA Today. “But with all the bad press United is getting from this, do I think they would pursue anything? No.”
[Photo: Shutterstock]
There's a huge difference between airline policy and the law. What would they sue for, breach of contract? Good luck with that... The worst you have to fear for when violating airline policies (or any house rules for that matter) is getting banished from their property.
Yeah, well, sue me.
The constitutional right you're referring to is applicable to a public servant. Airline staff would not be covered by it. The aviation security might be if they're publicly funded like police officers.
I am not a lawyer, but the courts have ruled that this is a constitutional right to record law enforcement in the performance of their duties. The security employees who dragged the passenger off the plane were doing just that. Now, where the airline staff are operating under the color of law, I would argue that the same applies to the flight crews that claim under the law that their orders have to be obeyed.
All UA pax should wear bodycams for their own protection