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Southwest violating my rights

Active Member
28 REPLIES 28
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Re: Southwest violating my rights

Active Member

Your rights to dress like a cook? Yeah, I guess they did. Good for SWA!

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Re: Southwest violating my rights

Active Member

No they refused to allow me to board. It is not good when they have went against the rules mandated by the US DOT....

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Re: Southwest violating my rights

Active Member

Better check the rules,

 

https://www.transportation.gov/airconsumer/faq

 

Q: Is there any DOT regulation for kicking people off flights, not related to over-booking? I know some airlines will not allow passengers to board or will remove them from the plane for being smelly (not related to a disability or illness), not dressing properly, etc.
A: An airline can refuse to transport a passenger to the extent permitted by the airline’s contract of carriage so long as the refusal is not discriminatory. Airlines typically include language in their contract of carriage listing the various reasons that they may refuse transport or remove an individual from a flight. For example, airlines may refuse to transport an individual who appears to be intoxicated or under the influence of drugs. An airline may also refuse transport passengers for a number of other reasons including refusing to transport an individual who attempts to interfere with the duties of a flight crew member. We note that FAA regulations state that “no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.”

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Re: Southwest violating my rights

Active Member

Correct and I do NOT drink or use drugs as I am a Clergyman. I was not unruly or intimidating, the flight attendant said my personal protective clothing made her feel uncomfortable. She asked me to take my allergan/dust mask off. I then informed her my PPE was being used to protect me from the airborne Coronavirus COVID-19 and she said "You're not getting on unless you take it off. I then informed her I had just finished undergoing a personal TSA check and was cleared for boarding. TSA approached the desk and confirmed this yet she still refused me boarding. A DOT complaint has been filed and now they are mumbling apologies and are trying to rebook a flight after they heard me on the phone with an attorney. This behavior is unacceptable.

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Re: Southwest violating my rights

Top Contributor

Southwest's contract of carriage referenced in the previous post can be found here:

https://www.southwest.com/contractofcarriage/

 

Section 6b addresses "Refusal to Transport – Unruly/Disruptive Passenger". Here is a portion of the section:

Carrier may, in its sole discretion, refuse to transport, or may remove from an aircraft at any

point, any Passenger in any of the circumstances described below.

The Passenger, at all times, agrees to conduct himself or herself in a manner that is not disruptive, unruly or in contravention of any laws of any state which has  jurisdiction over the aircraft. Conduct is considered to be disruptive or unruly when a Passenger fails to adhere to  

orderly rules of conduct while embarking upon or being carried onboard Carrier’s aircraft or fails to follow the instructions of the Crew and thereby disturbs the good order and discipline onboard the aircraft. 

 

I think a reasonable person would judge the OP's outfit to be disruptive and outside of orderly rules of conduct. Kudos to the Southwest employee for handling this in such a professional manner. 

 

--TheMiddleSeat

 

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Re: Southwest violating my rights

Active Member

Can you further elaborate on how wearing personal protective equipment can even remotely be considered causing unruly order? Warning, your previous comment make you appear to not be very knowledgable so please offer some informative and true supporting ideas as certainly this is all you have given.

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Re: Southwest violating my rights

Top Contributor

Lol, I don't think I need to elaborate on being disruptive, the video speaks for itself. If you don't feel safe traveling in standard clothing then perhaps you shouldn't travel.

 

--TheMiddleSeat

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Re: Southwest violating my rights

Active Member

Okay I will elaborate for you. I was not being unruly or disruptive at all. What I was wearing did not violate the posted dress code nor was it provocative and it certainly did not constitute me being violated as a consumer in any way. She was not a member of the crew and was the Supervisor for boarding she acted unjustly in her decision which is why she began to offer an apology when a Southwest Executive and herself approached me and stated they mishandled the situation and had another flight I could board. I simply had a a tyvek suit that prevents micro particulates from entering or ESCAPING and a allergen/dust respirator that captured microparticulates from entering or ESCAPING. I have a degree in Biological Sciences so rather than making an uninformed post gain knowledge and insight first.

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Re: Southwest violating my rights

Top Contributor

The behavior exhibited in the video is obviously disruptive. And, since there is currently, by all reputable guidelines,  absolutely no justification for that behavior, one can conclude that the situation was created specifically to cause disruption. 

 

Airlines have a right to refuse service to passengers who violate their contracts of carriage. 

 

Based just on the video, it looks like this situation was handled appropriately by Southwest.