Defending United Airlines: Law professor Andy Martin defends United Airlines from recent social media criticism
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FOR
IMMEDIATE RELEASE:
Andy
Martin defends United Airlines and says the obstreperous doctor who caused a
flight disturbance in Chicago should have been removed from
a United flight
Andy
says social media are corrupting common sense and public discourse to the point
of anarchy
Andy
says the offending Kentucky doctor should be arrested and
charged for resisting a law enforcement officer
Andy
also says the Chicago Police Department or airport security acted lawfully and
properly
Andy
says the United Airlines “leggings controversy” was also more social media-inspired
nonsense
(Near the Winter
White House, Palm
Beach , Florida ) (April 11 2017 )
Dear American:
I may be the only person in the entire United
States defending United Airlines and the Chicago
police or O’Hare Airport security, but I believe the airline acted lawfully and
properly in removing an obstreperous passenger from a Chicago-Louisville flight
on Sunday. As someone who is both familiar with United and its policies I think
the firestorm of criticism on social media is just so much blather. Social
media and the morons who pop and toot without any information, let alone
informed information, are creating social anarchy in our public square.
We’ve had arguments at my own home over the removal incident
which has received widespread publicity on cable TV and other mainstream media.
But when the New York Times started printing the opinions of morons who should
know better, I felt and feel it was time for some sanity to be injected into
the debate.
I am an active member of several frequent flyer programs,
including United’s, and fly regularly, particularly now that President Trump is
on a regular Washington/Florida schedule. I also used United’s “buddy passes”
for many years and am familiar with the corporate programs affording friends of
employees reduced fares.
Let’s start with the crazy doctor who thinks he is the most
important person in the world.
There have been many cell-phone videos posted on the
Internet, shown in an endless loop on cable TV, with whackos in the background
screaming “Oh God” even though they were not threatened. But one of the
passengers, perhaps the individual closest to the unruly passenger, confirmed
on, I believe, CNN that airline staff acted courteously, and Chicago
police or airport security staff also acted with extreme restraint and courtesy
before removing the passenger. When the passenger started acting belligerently,
police or security staff had every right to remove the individual from the
plane.
First, some background for those who do not fly regularly or
ignore the messages given at the beginning of every flight. Federal law requires all passengers to
obey crew instructions. A commercial airliner is not a democracy and it is not a public forum where people have “rights” to make fools
of themselves or conduct protests. One moron who should know better, Andrew D
Gilman of CommCore Consulting Group, was quoted in the New York Times as saying
“it was my seat.” Uhh, no. It is the airlines’ seat.
Second, overbooking used to be a major problem. But airlines
today have refined and sophisticated their reservations programs to the point
where overbooking is a rare issue. I seldom hear airline employees asking for “volunteers”
because flights almost always have sufficient seats for those who actually show
up. But when the aviation system is disrupted, as it was last week because of
strange weather patterns, problems arise (Delta Airlines, not United, had the
worst). Nevertheless, it is critical to keep in mind we are dealing not with a
widespread problem but rather an extremely unusual one.
Third, federal law gives airline employees virtually
dictatorial powers because of the inherent dangers and closeness of air travel.
A plane’s “captain” is called a captain for a reason. Aviation law derives from
maritime law.
Fourth, when a crew member seeks assistance from local law
enforcement (I am not sure whether the guards were Chicago Police Officers or
airport security officers) law enforcement has a duty respond. In every state
of the United States ,
refusal to obey a law enforcement officer is grounds for the officer to physically
remove someone from a premises. Usually people go willingly. But when they do
not, such as by going “limp” to obstruct an officer during a protest, force may
be employed.
The doctor in question acted as though he was the law and
everyone was answerable to him, not vice versa. That is simply not the case.
There is no question that air crew and the police initially acted courteously
and with restraint. But once he refused to move after a request to do so, he
could be removed forcibly and he was. His display of crazy behavior marks him
as someone who should not be allowed on an airplane ever again.
Fifth, what do I think should happen? The doctor should be
criminally charged and prosecuted for his outrageous behavior and disruption.
If he is senile that should be taken into consideration, but then why is
someone with such an emotional response pattern allowed to practice medicine in
Kentucky ?
The Chicago
police and the airline staff should be commended for their initial restraint.
The airline has a right to randomly chose passengers for
removal when flight conditions mandate urgent action. Perhaps United Airlines
should review whether staff should have been allowed to keep “upping the ante”
until some passenger grabbed at the opportunity for free travel (I’d support
that approach. Whenever an airline announces my own fight is looking for
“volunteers,” I always volunteer, though I set a high dollar point for reimbursement.)
I would urge the public to stop responding like idiots to
every video posted on social media. The videos of the crazy passenger did not
carry with them any disclosure that the crew and security staff had initially
acted with restraint and with extreme courtesy to all passengers. It was only when
the crazy doctor provoked the police that direct action was taken as a last
resort.
Finally, this is not the only social mediagasm United has
experienced in recent weeks. When two guests of the airline traveling on a “buddy
pass” were removed from the flight there was another firestorm of stupidity and
misleading commentary. Because I flew for many years on discounted United
passes I know all about the matter.
Every airline gives free travel to family members of its
employees, as well as offering a limited numbers of “passes” to employees so
friends can join them. One of my pilot buddies flew for United and while he was
a pilot every year he offered me use of some of the discounted passes. I don’t
remember the exact amount but the airline offered either an 85% or 90% discount
from regular fares as well as other very liberal benefits (e.g. free upgrades).
But, United Airlines has a dress code. When you travel on an employee pass, you
are subject to the airlines dress code for discounted travel. Seems like a
“fare” deal to me.
From the firestorm of moronic social media criticism of
United you would have thought the airline was imposing a draconian dress code
on all of its passengers. Since when did it become bad form for a business to impose
reasonable conditions on a discounted employee benefit?
Social media are creating a situation where every minor
matter gets escalated into a national hysteria without any factual basis or
application of common sense.
I am not against all social media. Phone cameras and social
media have pioneered in exposing police brutality and other forms of abuse. But
if social media are allowed to create a bogus conflagration every time some
public or airline employee acts properly in response to a recalcitrant
passenger, the use of social media will be degraded and ultimately curtailed.
United Airlines, its employees and the Chicago Police (or
airport security) are entitled to an apology from the millions of know-nothings
and media jerks who have sensationalized boorish and unlawful behavior by the Kentucky
crazy doctor and others who were taking advantage of airline “buddy pass” benefits.
There are two sides to every story. Sadly, social media and
mainstream media following in the wake of social eruptions, often provide only
one perspective, a mistaken and misleading one.
Andy
LINKS TO THIS STORY (cut and paste the entire link below and not
just the underlined portion):
[1]
http://www.palmbeachdailynews.com/lifestyles/society/navy-seals-tribute-event-mar-lago-draws-600-plus/nsaIhoyBKx61oCLaRpTsBN/
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He holds a Juris Doctor degree from the University of
Illinois College of Law and is a former adjunct professor of law at the City
University of New York (LaGuardia CC, Bronx CC).
He is the author
of “Obama: The Man Behind The Mask” [www.OrangeStatePress.com] and produced the
Internet film “Obama: The Hawaii’ Years” [www.BoycottHawaii.com]. Andy is the
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