Originally Posted by GradGirl
That's it, never let the facts get in the way of your argument, DMorris. Most commercial airlines are common carriers and they are indeed, by law, required to accept all paying passengers. The ATSA may have made some specific exceptions to this in secret "directives" but that secret law is currently being challenged in court.
Here you go:
Airlines, Cruises, Buses, and Other Mass Transit Overview : Most airlines, bus lines, train companies, and cruise lines are "common carriers." A common carrier is a transportation company that is required by law to accept all paying passengers and freight. That is, as long as you pay the fare a common carrier cannot refuse to transport you to your destination. If a common carrier transportation company is capable of transporting you or your goods, it must do so; it cannot discriminate on any basis.
The facts are embedded into my argument. Take the Alaska Airlines Contract of Carriage for example:
http://www.alaskaair.com/www2/compan...c_section1.asp
Rule 35AS - Refusal to Transport
AS may refuse to transport, or may remove at any point, any passenger:
Government Request or Regulations - Whenever such action is necessary to comply with any government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond its control (including but without limitation, acts of god, force majeure, strikes, civil commotions, embargoes, wars, hostilities or disturbances) actual, threatened, or reported.
Search of Passenger or Property - who refuses to permit search of his/her person or property for explosives or a concealed, deadly or dangerous weapon or article.
Proof of Identity - who refuses on request to produce positive identification. AS shall have the right, but not be obliged, to require positive identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding aircraft.
Across International Boundaries - who is traveling across any international boundary if:
The travel documents of such passenger are not in order
For any reason, such passenger's embarkation from, transit through, or entry into, any country from, through, or to which such passenger desires transportation would be unlawful.
Comfort and Safety
Who fails or refuses to comply with AS's rules and regulations.
In the following categories where in AS's sole judgment refusal or removal may be necessary for the comfort and safety of themselves or other passengers:
Persons whose conduct is or has been disorderly, abusive, violent belligerent and/ or irrational so as to be a hazard or potential hazard to AS employees or other passenger(s).
Persons who are barefoot or who have uncovered torsos, except the midriff, which may be uncovered.
Persons who are unable to sit in the seat with the seatbelt fastened.
Persons who appear to be intoxicated or under the influence of drugs.
Persons who have an offensive odor (such as from a draining wound or improper hygiene) or have a contagious disease provided it is not the result of a handicap.
Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that AS will carry passengers who meet the qualifications and conditions established under 49CFR 1544.219.
Manacled persons in custody of law enforcement personnel or persons who have resisted or may reasonably be believed to be capable of resisting escorts.
Persons who attempt or have attempted to interfere with any member of the flight crew in the pursuit of their duties.
Nonambulatory Passengers - Persons who are unable to walk or need the support of another person to walk, but who are otherwise capable of caring for themselves without assistance throughout the flight and persons with impairments or physical disabilities which would cause them to require special attention or assistance from carrier personnel will be accepted for transportation without an attendant subject to the following conditions:
The passenger must be able to occupy a cabin seat in an upright position.
AS will provide or make whatever arrangements are necessary to assist passengers in boarding and deplaning.
Any expense necessary for outside services will be borne by the passenger.
Two nonambulatory passengers will not be seated across the aisle from each other in the same seating row and never next to an emergency exit.
Stretcher Passengers with advance arrangement, stretcher passengers are acceptable for transportation on AS flights within the state of Alaska and flights between Alaska and Seattle or Portland under the following conditions and with some restrictions:
A medical release health certificate must be provided by the physician.
Passenger or hospital must provide a stokes splint stretcher or rescue basket stretcher. These are the only types of stretcher certified for Alaska flights.
The stretcher passenger must be accompanied by at least 1 able-bodied attendant approved by the attending physician.
Any advance arrangements necessary for outside services, such as loading and unloading, or ambulance service will be the responsibility of the passenger. The associated expense will be borne by the passenger.
Transportation may be refused if booking party cannot provide the name of ambulance service meeting the stretcher on arrival.
Charges for stretcher service are found in the domestic fare rule tariff, DFR-2.
Solicitation and Distribution - Passengers are prohibited from soliciting or distributing literature and/or other materials while on board Alaska's aircraft without the prior written consent of Alaska Airlines, Inc. Failure to comply with this provision may result in removal from the aircraft and refusal of future travel.
Gradster - before you pluck away on the keyboard, do some research.