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

Mmlowe
New Arrival

Does not make it right nor legal.  Southwest choose to fly, they knew a large population has disabilities they need to plan for this.  

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

PetertheProphet
Active Member

The other posters are incorrect. While true that the ADA doesn't apply to airlines (the Air Carrier Access Act does), the Air Carrier Access Act does NOT allow an airline to force the 3 year old autistic child of a PAYING customer to wear a mask. 

 

There is no evidence that going without a mask increases the likelihood of infection. So contrary to what "Texbabygirl" and "Chgoflyer" said (never trust people who hide behind pseudonyms), Southwest was in the wrong.

 

The bright side is that a few judges seem to agree, because the lawsuit was NOT tossed out.

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

PetertheProphet
Active Member

Sorry, buddy, but you may want to re-read the Air Carrier Access Act. If someone is unable to wear a mask, then they cannot LEGALLY be made to do so. You do know that lawsuits have already been filed against Southwest as a result of this incident? 

 

If what you said was true, then the lawsuits would have been thrown out...which they never were.

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

PetertheProphet
Active Member

Even IF Dr. Firstenberg and Meehan were "quacks," it wouldn't make their citations of medical and scientific literature invalid. 

 

Here's a list compiled by Denis Rancourt:

 

https://vaccinechoicecanada.com/wp-content/uploads/masks-dont-work-denis-rancourt-april-2020.pdf 

 

Fact of the matter is that the pores in face masks are simply too large to make any difference, and the constant re-breathing of one's own breath may actually increase contamination. Not to mention, forcing someone who is unable to wear a mask violates the Air Carrier Access Act. 

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

Mmlowe
New Arrival

Southwest, took PPP Federal bailout money.  Southwest must take steps to reasonably uphold Federal law for Americans with Disabilities. 

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, took PPP Federal bailout money.  Southwest must take steps to reasonably uphold Federal law for Americans with Disabilities. 


No such requirements of the CARES act exist. (The requirements primarily regard using the funds for employee payroll purposes.)

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

Texbabygirl
Active Member

They did and they do.

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

ATLflyer1
New Arrival

I fly domestically weekly without fail. Having continued to fly during the pandemic, I appreciate the mask mandates. But, consider this:

 

After a few minutes of climbing, you're at 10,000 feet. The passenger next to you takes their mask off to drink their water they brought on board.

 

You reach cruising at 30,000 feet. Snacks and water are passed out, and all at once, nearly every passenger in the plane takes their mask off to eat and drink.

 

Water is refilled and no one masks. Then, about 15 minutes before landing, passengers re-mask.

 

Some of the flight was spent with at least a few passengers unmasked, and most of the flight was spent with most/all passengers unmasked. 

 

I've experienced this on every flight with near every airline during the pandemic. I get the mask mandate, and I support enforcement. But I think it's hard to disagree that if airlines are to have a mandate (and be serious about it), then it should be a MANDATE. Don't encourage taking off your mask with snacks handed out to all. And especially don't allow someone to not wear a mask if they have a water bottle with them, and then not allow a 3-year old disabled child to fly. 

 

I have just recently status matched with Southwest after A LOT of frequent flying with Delta (Platinum medallion). Part of that switch was motivated by the kindness and LUV the airline encapsulates. There's no doubt that Southwest's ability to treat each passenger as a guest is part of their competitive advantage and appeal for many. I wasn't there, so I can't be sure, but it seems that the treatment of this family was pretty heavy-handed. 

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

PetertheProphet
Active Member

There is no evidence to support mask mandates. Not only are they unlawful, but they do more harm than good. 

 

Airlines have been stripping away our rights since 9/11, and it's extremely unfortunate. It's too bad Congress bailed these goons out, because they were almost about to file for Chapter 11 bankruptcy thanks to people not traveling back in March, April, and May. 

 

It's time for customers to stand up. Most people don't take kindly to a McDonald's employee messing up their order, so why do we allow these airline employees to bully, intimidate, and harass us? 

 

The good news is that lawsuits have been filed, and these goons will pay for their crimes. Violating the Air Carrier Access Act is never a good idea. Who knows? Maybe the FAA will even be disbanded for allowing employees to defraud customers. Theft is theft, and kicking this family out WITHOUT the pro-rated refund is a crime. Just because it's handled as a civil matter doesn't make it okay or legal.

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

SWFlyer007
Rising Star