WN Asks Pax to Stop Recording BWI Ejection

Old Oct 19, 17, 7:13 am
  #361  
 
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Originally Posted by LegalTender View Post
Unclear why SWA chose to identify the two dogs as "ESA and a pet." Saying "service animal" generates less flak and fewer crusaders.
It is also not accurate and in the event of litigation could become an issue that Southwest "lied" about.
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Old Oct 19, 17, 7:22 am
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Originally Posted by Boraxo View Post
Completely OT - there is another long-running thread in the UA forum if you wish to air your views.
What ever your opinion of that situation it is relevant to this situation because it is widely known and provides multiple points of context. For example:

If the passenger was self entitled and looking for a confrontation perhaps knowledge the the "doctor guy" got a quick cash settlement emboldened her.

If the passenger was in danger because her medical condition she may have misunderstood her rights and that the massive attention given the "doctor guy" placed her in a stronger position.

The crew may have faced an upsurge in unruly passengers as a result of the "doctor guy" and felt they had to act to control the situation.

As with all of these situations we simply don't have enough information to really judge them.
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Old Oct 27, 17, 9:17 am
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Originally Posted by BRITINJAPAN3 View Post
What exactly should they do when someone breaks the law in a way that is delaying many people and costing big money, all law enfornecent everywhere will say DONT take things into your own hands, call the police. SW did NOTHING wrong, should not apologise, seems police enforced the law with minimum forec required, and the woman should be banned from flying for life , simple
What LAW exactly was broken?

Why not just send in the MARINES? Why stop with the police?

Why aren’t their EMPLOYEES trained to enforce THEIR POLICY?
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Old Oct 27, 17, 9:49 am
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Originally Posted by Renard View Post
What LAW exactly was broken?

Why not just send in the MARINES? Why stop with the police?

Why aren’t their EMPLOYEES trained to enforce THEIR POLICY?
Maybe because they didn't hit the Caps Lock key enough?
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Old Oct 27, 17, 1:37 pm
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Originally Posted by Renard View Post
What LAW exactly was broken?
14 CFR § 91.3(a) says:

The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
14 CFR § 121..533
(d) Each pilot in command of an aircraft is, during flight time, in command of the aircraft and crew and is responsible for the safety of the passengers, crewmembers, cargo, and airplane.

(e) Each pilot in command has full control and authority in the operation of the aircraft, without limitation, over other crewmembers and their duties during flight time, whether or not he holds valid certificates authorizing him to perform the duties of those crewmembers.
14 CFR § 125.328

No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated under this part.
Various US courts, especially the D C Circuit have repeatedly affirmed that authority of the crew and the PIC.
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Old Oct 27, 17, 3:19 pm
  #366  
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No federal code violation was alleged by Southwest. MDTA charges are (were) disorderly conduct, failure to obey a reasonable and lawful order, disturbing the peace, obstructing and hindering a police officer.

I doubt she would have faced U-S prosecution. Even WN passengers whose conduct leads to a diversion aren't sentenced to jail.
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Old Oct 28, 17, 11:09 pm
  #367  
 
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Originally Posted by LegalTender View Post
No federal code violation was alleged by Southwest. MDTA charges are (were) disorderly conduct, failure to obey a reasonable and lawful order, disturbing the peace, obstructing and hindering a police officer.

I doubt she would have faced U-S prosecution. Even WN passengers whose conduct leads to a diversion aren't sentenced to jail.
The State charges all stemmed from the Federal Authority of the crew to remove a person from a flight. Her resistance to the presumptively legal order of the Pilot in Charge, as executed by Local Law Enforcement Officers led to her arrest and charge.

Federal chargers may be unlikely but they often take a long time to bring and depend on the actions of the defendant. If the defendant chooses to make this a gender/racial issue Federal Charges may be more likely, unless there are me currently unknown mitigation factors.
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Old Oct 29, 17, 7:05 am
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Originally Posted by rsteinmetz70112 View Post
If the defendant chooses to make this a gender/racial issue Federal Charges may be more likely, unless there are me currently unknown mitigation factors.
Sounds like riffing. You have a single example of this?

The airline has no upside, especially after proclaiming itself "disheartened about the customer's removal by local law enforcement officers."
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