FlyerTalk Forums - View Single Post - Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}
Old Apr 10, 2017, 11:55 pm
  #1917  
ND76
 
Join Date: Mar 2005
Location: West of CLE
Programs: Delta DM/3 MM; Hertz PC; National EE; Amtrak GR; Bonvoy Silver; Via Rail Préférence
Posts: 5,384
Originally Posted by SpinOn2
That's total and complete nonsense. At the worst he has a claim against the LEO for abuse of force, but the LEO's have every right to remove him as he was clearly a case of Disorderly Conduct, whether fair or not.
Let's look at the Illinois law on "Disorderly Conduct":

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(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she knowingly:
(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace;
(2) Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of the transmission that there is no reasonable ground for believing that the fire exists;
(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life, knowing at the time of the transmission that there is no reasonable ground for believing that the bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in the place;
(3.5) Transmits or causes to be transmitted a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session;
(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed;
(5) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or
(6) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency;
(7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the Abused and Neglected Child Reporting Act;
(8) Transmits or causes to be transmitted a false eport to the Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
(9) Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that the assistance is required;
(10) Transmits or causes to be transmitted a false report under Article II of Public Act 83-1432;
(11) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
(12) While acting as a collection agency as defined in the Collection Agency Act or as an employee of the collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor.
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I don't see anything in this law that the passenger violated. The catch all provision of this law is: "Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace". I'm not sure that he did anything that was unreasonable. This law does not cover compliance with an unlawful order from an individual with no authority to decide a private contractual matter. From the reporting I've seen, it does not appear that the passenger took a swing at anyone. Criminal laws cannot be vague; they must be specific and spell out the elements of the crime.

The Chicago Aviation Police acted like goons. Hopefully, justice will be in their future, too.
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