Was United Airlines Wrong?

The recent incident concerning a United Airlines flight departing Chicago to Louisville, where a passenger was forcibly removed from the flight by security personnel raises some questions which need to be discussed and shared.  I am going to insert a Federal Regulation below.  Read it, digest it, and then I will continue.

****************************************************************
49 U.S. Code § 46504 – Interference with flight crew members and attendants

An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.)

*****************************************************************

Apparently the flight was full, but United needed four seats to accommodate four  crew-members who were “deadheading” to Louisville to protect another flight.  So, the procedures dictated that the airline must offer financial compensation to any passengers who would volunteer to deplane and take a later flight.  Since none were willing to do so, United apparently used a computer generated program to select four individuals, and a flight attendant asked them to deplane.  At least one refused, the subject of the physical removal.  Now, understand that when you board an aircraft in the United States, you are subject to the rules stipulated by the Federal Aviation Regulations (FAR’s).  These are different than those for traveling on any other form of public transit.  If the passenger objected to being removed from the flight, he should have deplaned, protested his removal, and then took all legal avenues to redress his grievances, up to and including a lawsuit against the carrier.  However, he had no right under the statues listed above to refuse the flight attendant’s request, and then instigate the violent event which followed.

During my many years as an airline Captain, I had more than a few passengers removed from my flights for justifiable reasons, including inebriation, drug use, or general abusive behavior towards their fellow passengers or flight attendants.  The “doctor” involved in this incident exhibited unacceptable behavior, violated the FAR in question, and should have been removed.  He brought his injuries upon himself by his childish response.  It is a shame that the management of United is bowing to public pressure and apologizing to the individual.  I can only hope the Captain of the flight will have the guts to press charges against the “doctor” for his clear violation of federal law.  He did indeed interfere with crew-members in the performance of their duties in the cabin.   So, was United Airlines wrong?  Absolutely not!   If United management rolls over because of a threatened lawsuit, they are laying themselves open to “copy-cat”situations of this type in the future.