kilo

Indeed. I suspect UA and other airlines would like cases like this to go relatively quietly e.g. a fine/ban that deters others from doing the same.

If this gets contested will a prosecutor not have to challenge the airlines studies that demonstrate how difficult it is to transmit the virus on a flight?

Weatherboy

The United study is a joke. There are better scientific studies out there, including a recent peer reviewed study published in a medical journal, that show how easy it is to spread COVID in-flight even with passengers wearing masks and spread out far apart onboard. If UA were certain that COVID transmission wasn't possible in a flight, they wouldn't proactively ask and prevent those that are COVID positive from boarding. I doubt any jury would rush to the side of this couple if their defense is UA marketing told them it was safe to fly with COVID.

lhrsfo

The arrival of the vaccine will highlight the real issue here. Airlines need people to return to planes. Hawaii needs people to visit. Nothing will return to normal when there's significant concern about becoming infected - and airlines can talk until they're blue in the teeth about it being ultra-safe on board, but few really believe them.

The only real way for UA to get people back into their system will be to persuade them that the others on board are safe (and, ideally, the others you come across in the airport also). For that to happen, they will need to mandate a negative test and, soon, a vaccine. And so they have to do this for commercial reasons and they have to discourage the super-selfish from breaking those rules. I, for one, am not prepared to set foot on a plane if people who have the disease or are infectious are also travelling.

And, to those who seem to think it's so unfair that this couple might suffer a little inconvenience, such as losing their job, that inconvenience is nothing as to what they might have done to the 87 year old whose seat back they touch on the way to the restroom.

mahasamatman

It sounds to me that's exactly what they've been charged with.

Ilove2fly

This couple is selfish. In addition to ruining a lot of people's vacation, they put a lot of people in danger of catching a highly contagious disease. I am disappointed in UA enforcement of mask policy which is why we have cancelled all plane trips until after vaccination.

Xyzzy

IME UA has been much better about enforcing the mask policy f late.

HNLbasedFlyer

Interesting, in my 2 round trips since Oct 15 with another coming up in 2 weeks, I didn't notice anyone not wearing the mask except for truly eating/drinking, was pleasantly surprised how well people followed the policy

Textile

I agree completely. As someone who lives in NYC compliance here has been pretty amazing if you ask me -- but in my trips to other areas of the country for business it is clear that there are many regions that simply don't feel the same. In general I think UA FA / Pax have been really good - MUCH better now than when this all began...

HNLbasedFlyer

I doubt it will get that far - I doubt this local couple has deep pockets to fight this and they've lost big time in the court of public opinion. I don't think Kauai even has jurisdiction to charge over the actual time in the air - it is when they landed and put feet on the ground they could charge.

They've been charged with reckless endangerment in the second degree in Hawaii, which has a low bar - it isn't even a felony.

House Bill (hawaii.gov)Reckless endangering in the second degree. (1) A person commits the offense of reckless endangering in the second degree if the person:

(a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury

physioprof

Definitely an interesting 1L Crim Law exam question whether their conduct met the elements of this crime!!!

HNLbasedFlyer

United has banned them

United bans alleged COVID-19-positive couple who took flight from SFO to Hawaii (sfgate.com)LATEST Dec. 3, 9 a.m. United Airlines released a new statement on Dec. 3 at 8 a.m. stating that the couple who boarded a plane after testing positive for COVID-19 are no longer welcome on United flights.

"We have banned these customers and will investigate this matter," United said.

WineCountryUA

There are many aspects to this situation, some relevant to UA, some not

Let's stick to the UA issue in this forum and leave the Hawai'i legal issues in that forum as those could arise regardless of the carrier
COVID-19 - 14-Day Arrivals Quarantine/Pre- and Post-Arrival Test-Out Policies
or
Traveler arrested after flying SFO-LIH after positive result

WineCountryUA
UA coModerator

azepine00

Let me see...
UA encourages people to travel fully understanding that many will likely get exposed with out any alternative means to return including families.. UA keeps telling everyone how flying is safe.. UA adds leisure flights to mexico, cost rica etc promoting travel... UA does not want to check covid test results prior to boarding..

But let's find easy targets and blame them.. At the same time thousands of sick people are flying on UA planes as we speak without being tested - typical american corporate hypocrisy...

HNLbasedFlyer

Who said that - Hawaii does not require a test to fly nor enter the State - nor would it be legal.

Why bother asking about a test if passenger can simply lie and say - I didn't take a test.

J_Stroming

Exactly. They are encouraging travel by claiming the risk of catching Covid is virtually non-existent on airplanes. They shouldn’t then ban someone who believes their claims and then gets on their airplanes!!!