Originally Posted by
no2chem
Hm, so the universally cited rule that you must "follow crewmember instructions", at least for US Flag Carriers, is codified in 14 CFR 121.317(k):
"(k) Each passenger shall comply with instructions given him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), and (l) of this section."
f, g, h, i are about fastening safety belts and smoking. My reading of some cases suggests that appeals courts have ruled in favor of the airlines whenever a passenger fails to follow a rule related to safety (such as blocking the aisles, etc), so I think that it's safe to say that broadly speaking you have to follow all crewmember instructions related to safety.
I think though, it would be hard to sell a missing headphone as safety related. I doubt the FAs have any authority under any CFR to search your bags.
CFR's, like all statutory law, must conform to the Constitution. The Fourth Amendment precludes illegal search and seizure. Regardless, CFR or no CFR, the airlines are subject all other civil and criminal law unless statutorily-exempted (for example, the ADA doesn't apply to commercial air carriers, but the ACAA does instead).
Someone pinching a pair of NC headphones is not safety-related and, irrespective of what over-zealous FAs may think, the requirement to follow crew instructions doesn't extend to unlawful demands.
But then airline CoCs usually require that you follow all crewmember instructions, usually under some "acceptance of passengers" provision. So I guess they could blacklist you on future flights.
The CoCs are contractual. Though you can waive certain rights by contract, there are limits. I would be happy to represent a client on contingency who was suing an airline because he experienced a serious medical condition but wasn't allowed off the plane to seek aid because the FAs wouldn't let anyone disembark because they couldn't find a headphone. For that matter, I'd sue for myself in small claims court if I missed a connection because the FAs wouldn't let anyone off the plane until a headphone was returned.
I think really though, AA needs to rethink its stupid headphone policy. It's really annoying and kills the "premium" experience. I mean none of the other airlines I've been on do this...
I agree. Of course, I always bring my own Bose phones and IFE, so it would be no hardship to me if it was eliminated entirely.
