Originally Posted by
Dubai Stu
This question is asked only under US law. Every year or two, you read a story about crew order an Orthodox Jew or Religious Muslim ordering someone off a plane because another person does not feel “comfortable.” You hear the same thing about people speaking Arabic in particular on a plane.
Normally, you have to obey crew instructions even when the crew member is legally wrong about the instruction. My question is whether you have a legal right to disobey a crew order which is based on factors directly protected by dozens of federal law such as race or religion. I suspect the TSA would certainly understand the principle if the order was being given overtly given based on the color of a person’s skin? I’ve never in any of the videos seen them take any kind of investigative actions before backing the crew?
I understand that a plane with an impending take off is a difficult place to make credibility calls, but it seems like the question is not as simple in theory as it is being made out as. If my question is too theoretical, please feel free to take it down.
you are conflating different issues.
Air crew are not government agents, law enforcement or otherwise, and therefore the concept of "lawful order" does not apply. Crew are employees of a private employer that provide a public accommodation. US law requires passengers to comply with air crew orders and as far as I know (but I admit to not researching the details of the applicable law), disobeying such orders can be charged as a criminal offence. If a private company refuses public accommodation for a prohibited reason (ie. discriminatory based on protected status) then the company may be liable for a tort claim and for civil rights violation.
TSA is not at all involved in such situations (except to the extent that maybe an Air Marshal or HSI LEO happens to be aboard/nearby and intercedes because the pax is considered a "threat" to the flight" and detains and escorts the pax off the plane for delivery to local airport police/FBI). It gets complicated from there....
But your primary question is really not complicated: once air crew decide a pax is a threat to the flight and must be removed, irregardless [sic] of the reason - the law and law enforcement is on their side - there is almost no chance minds will change and the pax will be allowed to travel that flight. The
disemboweled disembarked (autokorreckt!) pax can complain and file suit after the fact.