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In reply to the discussion: Involuntary Bumping [View all]

Algernon Moncrieff

(5,961 posts)
5. Balderdash
Tue Apr 11, 2017, 12:04 AM
Apr 2017

Let's go down the list: he wasn't denied the right to speak; publish a newspaper; or practice his religion. Unless he's an air marshal, he was denied the right to bear an arm, but we all agree to that in the social contract that is air travel. He wasn't forced to quarter troops. He wasn't forced to bear witness against himself. He wasn't punished cruelly or unusually. He was not illegally searched (another thing we all agree to that in the social contract that is air travel) and he wasn't denied due process.

1) The passenger's ticket agreement indicates that the passenger may be involuntarily bumped, and indicates that the passenger is entitled to compensation when that happens.

2) When a member of the flight crew (the Pilot, the co-Pilot, or any flight attendant) gives a direction to a passenger to enable the safe operation of the aircraft, and the passenger refuses to comply, then the passenger is in violation of 14 C.F.R. §§ 91.11, 121.580, 135.120. No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated.

Long story short: the passenger was legally bumped; refused a lawful order to deplane; and was removed because he was in violation of federal law at that point.

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