A United Airlines pilot who flies Boeing 757 and 767 aircraft kicked a top MileagePlus elite passenger off of a cross country flight from Newark to San Francisco and shared the story to social media.
The captain had gone up to the gate for paperwork and overheard this ‘1K’ customer cursing at the gate agent prior to boarding at Newark airport.Standing there, literally throwing every combination of the “F” word at the gate agent was a 1K member (or so he claimed) angry about something. I stood there for a second, looked at him, and asked if he was flying to SFO.He confirmed he was. I then turned to the [gate agent] and told her to re-accommodate him on another flight, because he WAS not flying with me that day. I honestly thought he was going to punch one of us at that point but to his credit, he simply threw a few F-bombs at us and walked away.1K status requires spending at least $18,000 per year with United. It does not, however, require class. The pilot didn’t have context for why the customer was swearing. It’s Newark, so reasonable to assume they were receiving poor service. But the customer’s reaction crossed a line.
I say good for the pilot! But does a pilot have the right to kick a passenger off for their choice of language? Sort of.
49 USC § 44902 provides broad latitude, within certain bounds laid out by the FAA, for the captain of an aircraft to refuse transportation to a passenger if they feel that passenger might be “inimical to safety.”A pilot’s decision cannot be arbitrary or capricious – but that’s not the same as saying it has to be reasonable. It’s generally presumed that the actions of the pilot are reasonable, and judged based on facts the pilot was aware of at the time and the time constraints they’re under.
If they hear only one side of the story, and it’s incomplete
And they make a decision based on that information
And they’re in a rush to get the plane out
That’s probably going to be fine under the lawIf the captain felt that a passenger could be a safety risk solely because they heard the passenger’s foul language, they’re probably within their rights to refuse that passenger transportation. They cannot kick you off for using bad words. But they can kick you off if they feel your bad words make you a safety risk. And as long as that judgment isn’t arbitrary or capricious it won’t be reviewed.