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barelynangel -> RE: 2 Muslim men kicked off flight sue airlines (12/22/2011 5:32:22 AM)
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I also fly wherein pilots are greeting passengers or come in after them. However, they could have in fact been in the cockpit due to they had already taxied away from the gate.
Also, to clarify, i only have access to the pleadings filed with the Western District.
Finally, if you look at the Complaint tazzy posted - pretty much everything is based upon their being denied the ability to board. Even their own story indicates two other employees were trying to get them on the flight. So their focus is not the checks and being taken off the plane but the final incident wherein the pilot refused to let them board. These are only parts and there are a lot of clarifications of statutes etc.
"Defendants’ actions denied the Plaintiffs boarding Flight Number 5452 to Charlotte, North Carolina..."
"The pilot, flight crew, gate agents, and ground security personnel for Delta Flight #5452 on May 6, 2011, were at all relevant times, agents and/or employees of Defendants. Defendants’ actions denied the Plaintiffs boarding Flight Number 5452 to Charlotte, North Carolina... "
"By denying the Plaintiffs the right to board and fly with Defendants, Defendants discriminated against Plaintiffs in making and enforcement of their contract with Defendants, namely, the two (2) tickets purchased by Mr. Rahman for travel on Flight # 5452, on May 6, 2011, to Charlotte, North Carolina"
"This claim is authorized and instituted pursuant to the Federal Aviation Act, 49 U.S.C. § 44902, which states, in pertinent part, the Federal Aviation Act provides that ―an air carrier … may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.‖ 49 U.S.C. § 44902(b)."
"In making the decision to exclude the Plaintiffs from the air craft, the Defendant’s pilot relied on: (1) the traditional clothing the Plaintiffs wore, including traditional Arab and Muslim garb; (2) the Plaintiff’s facial hair; (3) the dark-colored skin of the Plaintiffs; (4) the accented English displayed by the Plaintiffs. Nothing about the Plaintiffs’ behavior was ―inimical to safety,‖ an allegation that was asserted by the Defendants’ employees. There were no allegations by any passengers or flight staff that Plaintiffs were engaged in any suspicious behavior."
"Defendants denied Plaintiffs ―the full and equal enjoyment‖ of a ―place of public accommodation,‖ when they were denied the right to board the Defendant’s aircraft for Flight #5452, for which they had previously purchased two tickets. "
They even state that the pilot decided to turn the plane around and order them removed...
All in all, it will come down to the why the pilot denied but but more importantly what grounds he was using when he denied them access. And the policies of Delta and the ASA.
angel
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