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Overweight Passenger Sues Southwest Over Seating Policy

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Overweight Passenger Sues Southwest Over Seating Policy

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Old Sep 13, 2004, 9:16 am
  #76  
 
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There is no question that the policy is unevenly enforced. I always have a second seat and I've had agents pull me out of line to tell me I'd need a second seat. I've had gate agents show surprise when they see that I already have a second seat.

Regardless, I find the policy one of the best policies in the air. I think SW does a poor job of explaining it. In the past two years, I've flown no less than 100 segments and have received a refund 100% of the time. I love the comfort of the second seat and not having to worry about the rollover effect -- you know, the effect of my belly rolling over into the next seat.

Anyway, my real pet peeve is the delivery of the seat belt extension. There's nothing I appreciate more than an on the ball FA who notices me boarding, shows up minutes later with an extension rolled up and handing it to me hand to hand.

Then, of course, there's the exhibitionist. Can't get a FA's attention until they're doing the seat belt check, run to the front of the plane for an extension, hold it out over the empty seat at full extension as if to demonstrate to the full flight that the fat guy is in 12F.

Ahhh, it felt good to get that off my chest.

Sorry to digress. From the empty seat next to you. . .

Jeff
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Old Sep 13, 2004, 6:16 pm
  #77  
 
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Originally Posted by MarshB
There is no question that the policy is unevenly enforced. I always have a second seat and I've had agents pull me out of line to tell me I'd need a second seat. I've had gate agents show surprise when they see that I already have a second seat.

Regardless, I find the policy one of the best policies in the air. I think SW does a poor job of explaining it. In the past two years, I've flown no less than 100 segments and have received a refund 100% of the time. I love the comfort of the second seat and not having to worry about the rollover effect -- you know, the effect of my belly rolling over into the next seat.

Anyway, my real pet peeve is the delivery of the seat belt extension. There's nothing I appreciate more than an on the ball FA who notices me boarding, shows up minutes later with an extension rolled up and handing it to me hand to hand.

Then, of course, there's the exhibitionist. Can't get a FA's attention until they're doing the seat belt check, run to the front of the plane for an extension, hold it out over the empty seat at full extension as if to demonstrate to the full flight that the fat guy is in 12F.

Ahhh, it felt good to get that off my chest.

Sorry to digress. From the empty seat next to you. . .

Jeff
Great post! Have you ever tried asking the gate agent about the extension?It seems that there should be something more civilized than what you have described above.
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Old Sep 15, 2004, 2:00 pm
  #78  
 
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Originally Posted by bigjim
Great post! Have you ever tried asking the gate agent about the extension?It seems that there should be something more civilized than what you have described above.
No, I haven't. What I should do is just do a "long term borrow." A few years ago, a FA on HP told me to keep the extension. Never understood why every other airline has the same buckle, but WN's is different.
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Old Sep 15, 2004, 2:51 pm
  #79  
nsx
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What about WN employees as passengers?

If an oversized WN employee is riding as a passenger, what's the policy? You can't pay for an extra seat if yuo aren't paying in the first place. So what about the Airline Employee of Size?
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Old Sep 15, 2004, 2:59 pm
  #80  
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Originally Posted by nsx
If an oversized WN employee is riding as a passenger, what's the policy? You can't pay for an extra seat if yuo aren't paying in the first place. So what about the Airline Employee of Size?
Don't know the answer, but an employee of size SHOULD be required to standby for two seats and should pre-board to get the two seats. Just like customers of size.

A couple days ago, a thread popped up on the American Airlines forum about a nonrev of size who would have squeezed the revenue pax poster had there not been an empty seat in the back for the revenue pax who moved to it.
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Old Sep 15, 2004, 3:00 pm
  #81  
 
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Originally Posted by nsx
If an oversized WN employee is riding as a passenger, what's the policy? You can't pay for an extra seat if yuo aren't paying in the first place. So what about the Airline Employee of Size?
The employee would be on standby for two seats. Employees or their dependents that have this situation are very much aware of the policy, they normally pick flights that are not going to be full.

Last edited by 4thplz; Sep 15, 2004 at 3:05 pm
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Old Sep 15, 2004, 3:06 pm
  #82  
 
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I wish i had bigger seats on a plane
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Old Sep 15, 2004, 8:35 pm
  #83  
 
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Thanks!

Originally Posted by MarshB
JLK9N, what are you referring to as the "snail-mail" refund policy? I get all of my second seat refunds over the phone.
MarshB:

Thanks for the tip! My understanding was I had to mail in the documentation for the second-seat refund, but I will definitely make a phone call next time first.

Yet again, I've learned something here on FlyerTalk. Thanks!
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Old Sep 17, 2004, 1:05 pm
  #84  
 
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Originally Posted by JLK9N
MarshB:

Thanks for the tip! My understanding was I had to mail in the documentation for the second-seat refund, but I will definitely make a phone call next time first.

Yet again, I've learned something here on FlyerTalk. Thanks!
Simple process: Call 214-792-4223, press 2. The agent will look up the flights on the spot and get the credit process started.
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Old Sep 17, 2004, 10:25 pm
  #85  
 
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Kiosk Check-in

Originally Posted by MarshB
Simple process: Call 214-792-4223, press 2. The agent will look up the flights on the spot and get the credit process started.
MarshB: Thanks again.

If you only have carry-on bags, have you been able to use the kiosk for check-in, or do you need to go through the airport line? I've gone online for the security document, passed throgh security and then checked in at the gate. I have never tried using the kiosk with two seats.
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Old Sep 20, 2004, 9:32 am
  #86  
 
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Originally Posted by JLK9N
MarshB: Thanks again.

If you only have carry-on bags, have you been able to use the kiosk for check-in, or do you need to go through the airport line? I've gone online for the security document, passed throgh security and then checked in at the gate. I have never tried using the kiosk with two seats.

Yes, I always use the kiosk, then have the GA fix the boarding pass.

On one occasion, I had a GA tell me that I should be checking in with an agent outside of security first, but that's bull. She had to put her book down to tell me that. (Regardless, I've confirmed with a supervisor that the procedure is fine.)
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Old Oct 15, 2004, 1:01 pm
  #87  
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Sorry for the belated reply -- I just saw this.

Originally Posted by gutt22
Anything that's so severely subjective is simply bad business.
Maybe so but, again, my perspective is simply that of a non-COS passenger. That the procedure is subjective may (understandably) annoy a COS, but that it is unenforced will annoy innocent third-parties, i.e. whoever winds up seated next to the COS.

And I wasn't referring to the lady on the show when I mentioned inconsistent enforcement -- I know several COS who fly on a regular basis, and it's hit-or-miss whether they're asked to buy a second ticket.
Is there any correlation to load factor? I could see, as a convenience to the COS, not requiring them to go through the purchase-and-subsequent-refund procedure if the GA knows there is plenty of room on the flight.

And to say that they couldn't lose a lawsuit because obesity isn't classified as a disability is ludicrous. ADA isn't the only grounds for a class action lawsuit of this type. WN can't discriminate based on age, which is not a disability, or on race, which isn't a disability, either.
Sorry, but you're wrong. WN (and any other airline) most certainly can discriminate on the basis of age -- and I wish they would (though that's another equally-volatile thread).

In cases when an older passenger seems in ill-health, WN doesn't leave the decision up to their agents: they make clear you have to have a doctor's approval -- a clear case of them having an outside, expert source (which in place of complete objectivity is the next best thing).
That's not law, that's common business sense -- with a doctor's approval, WN won't be liable for negligence if the pax falls ill in-flight.

You say having a "does it fit?" seat next to the "does it fit?" carry-on bag test box wouldn't work because there's no way it could work. I disagree.
I'm not sure that I did say that -- I don't see any problem at all with a "sizer seat."

You could simply have two criteria: your seat belt must fit around you and/or your body cannot spill over the sides of the seat. At least, then, the rules would be clear.
As other posters have mentioned, I've seen COS who need seatbelt extenders who can fit into a standard coach seat, with the arms down, just fine and without flowing under into the adjacent seat. I've also seen people with body shapes that are such that, even though they don't need the extender, they nonetheless spill over into the adjacent seat. I _advocate_ requiring anyone who spills over into someone elses seat to buy a second seat.

I'm not saying WN doesn't handle this policy about as sensitively as they can. I just think it's poorly formulated, and, because of that, opens the airline to a lot of criticism. It's unlike WN to have such a fuzzy set of rules. Come up with something, make it specific as possible, and enforce it consistently.
Well, here's what I think, for what it's worth (and this is based on knowing some very, very large people). Someone who meets the criteria for a COS _knows_ that they're larger than average. It's something they deal with every day, whether it's in restaurants, theaters, automobiles or public transportation. It is inconceivable to me that they are not aware of, at least, the potential for a problem when they fly. Is there anyone these days who hasn't heard the griping about sardine-like coach service?

Knowing that there may be an issue, and not dealing with it ahead of time is, to me, simply discourteous. Once on a trip, I injured my leg and had to return on crutches. I _knew_ I might have difficulty, so I called the airline and advised them. They made sure I had an aisle seat and noted my PNR to reflect my temporary disability. This was common sense on my part, and also reflected my concern that I not inconvenience my fellow pax. If was exceptionally large, even if I had never flown before, I'd certainly wonder whether I'd have any problem fitting into an airline seat. At minimum, I'd call and ask. The COS who cannot occupy his or her own seat, yet doesn't make arrangements and just assumes that it's okay to usurp someone else's space is inconsiderate and selfish.

And please note that I am not being critical of people who are overweight. I don't judge a person by physical appearance, but by the way the conduct themselves with respect to other people.
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Old Oct 16, 2004, 11:00 pm
  #88  
 
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There was speculation (or at least joking) about COS getting double RR because they have to buy two seats. Has any COS here actually had this happen? MarshB, I know you said that you always get your second fare refunded, so I assume no double RR credit would be possible in that situation.

Also, just how extreme does a person's size need to be for the two seat policy to apply? I understand that it is supposed to apply whenever a person doesn't fit easily into one seat, but this is open to interpretation. Any moderately large folks here ever been asked to buy a second seat?
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Old Oct 17, 2004, 2:49 pm
  #89  
 
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You can only get Rapid Reawrds credit for the second seat if your not entitled to a refund. (You have to contact Rapid Rewards for this to happen.) As a general rule, if the armrest cannot go down, then that individual would require an additional seat.
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Old Oct 17, 2004, 7:45 pm
  #90  
 
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Originally Posted by WN LUVS U
You can only get Rapid Reawrds credit for the second seat if your not entitled to a refund. (You have to contact Rapid Rewards for this to happen.) As a general rule, if the armrest cannot go down, then that individual would require an additional seat.
That makes sense -- thanks for the info.
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