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Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

lynesjohn
New Arrival

The policy can and should be handled a little smarter and flexibly. Flight crew ought to be able to recognize where a little compassion and understanding should be applied. The mom and her other child both had masks, as did the autistic child, although he would not keep it on. That he could not understand what was being asked of him and why, is heartbreaking. Could have been handled a lot better by the flight crew. As I noted in my initial observation, Gary needs to reach out to this family and apologize.

 

 

 

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

chgoflyer
Top Contributor

The policy is clear, and is communicated well. The mother should have not put her child into that situation. 

 

It's unsafe for anyone to fly right now not wearing a mask. Why would someone want to risk exposure of their child? 

 

Unfortunately, Southwest has to have a "no exceptions" policy, as previously people were claiming exceptions that they didn't have to avoid wearing a mask. They are the real villains here.

 

It's a difficult situation but I applaud Southwest for enforcing their policy.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

Mmlowe
New Arrival

Southwest is not immune to The ADA either.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

chgoflyer
Top Contributor

@Mmlowe wrote:

Southwest is not immune to The ADA either.


 

The ADA does not apply to air carriers. The governing legislation is the Air Carrier Access Act (ACAA), which allows air carriers to refuse service to anyone (including the disabled) when they are unable to transport them safely, or when their transport presents an unsafe situation for other passengers. We are in the midst of a pandemic, and traveling without a mask is currently unsafe. Southwest's actions are clearly legal.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

PetertheProphet
Active Member

So no, Southwest's actions were not "clearly" legal because if they were, the lawsuit against the airline would have been thrown out...which it wasn't. 

 

Sorry to break it to you, but the customer is ALWAYS right. Anyone who has owned a business knows this. Had it not been for Congress bailing out Southwest, they would have filed for bankruptcy. 

 

As a former restaurant owner, I understand the value that customers provide. Much like how I cannot legally deny service to someone unable to wear a mask, airlines cannot do so either. We live in a country with laws. Private property rights are NOT unlimited. 

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

Texbabygirl
Active Member

The ADA prevents discrimination and insures access. The child was not told 'you can't fly because you have autism.' Thus, the child was not discriminated against. The ADA does not mean a person with a disability gets whatever they want/need because restrictions aren't agreeable to them. Now, the outcome might be different in the classroom where IDEA comes into play. But ADA is not IDEA. The ADA doesn't apply to air travel in any case.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

PetertheProphet
Active Member
Spoiler
 

Chgoflyer, I have caught you lying before, so doing so again is pathetic because I already have screenshots of you telling off "Aclark" for wearing a mask back in late February. 

 

The following thread is here: https://community.southwest.com/t5/Check-In-Boarding/Southwest-violating-my-rights/td-p/102213

 

Odd how you have done a 180 degree turn in your stance on masks. Now, you are wrongfully claiming that the Air Carrier Access Act allows Southwest to kick off a PAYING family simply because their 3 year old disabled child is unable to wear a mask.

 

I'm not sure which law school you went to, but you may want to sue them and ask for your money back, because it's clear that you didn't get your money's worth. Unlike you, I'm actually well-versed in the Air Carrier Access Act, and I can tell you that Southwest is in the wrong here since NOTHING the family did threatened the safety of other passengers in any manner

 

If you had actually taken a look at the scientific and medical literature -- which you clearly haven't done so -- you would realize that masks actually INCREASE the likelihood of infection. Just for starters, look at the list compiled by Arthur Firstenberg, Denis Rancourt, and Dr. Thomas Cowan. 

 

Rather than being rude to the original poster, please reconsider your comments because nothing you state is supported by either the law or the scientific/medical literature. 

 

Think about it...if Southwest was truly in the right, then the judge would have tossed out the family's lawsuit...which he never did.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

Texbabygirl
Active Member

Most people on this forum are pretty good at posing rational arguments and solutions as opposed to calling people names.

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

NicoleAshley
Employee
Employee

Hi everyone. Name calling is not tolerated on The Community and has been removed from this thread. This is a friendly reminder to keep yourselves refreshed on our Community User GuidelinesWe want all Members to feel comfortable sharing their thoughts and ideas on this subject, and we ask that everyone follow the Golden Rule and treat other Community Members the way they would like to be treated. Keep your tone positive and your comments constructive. 

 

Thank you,

 

Nicole
Community Manager

Re: Southwest kicked an autistic three year old off a flight because he would not keep a mask on.

PetertheProphet
Active Member

You said: "Most people on this forum are pretty good at posing rational arguments and solutions as opposed to calling people names."

 

If what you say is true, then why are you being so rude and dishonest to the original poster? The Air Carrier Access Act does in fact apply to this situation since the disability of the toddler (i.e. being unable to wear a mask) does NOT threaten the safety of other passengers. 

 

Even assuming that there's a pandemic, there is nothing in the scientific or medical literature supporting the use of masks. In fact, studies have shown that infection rates INCREASE when people wear masks. This is even true in the context of operating rooms.