SouthWest passenger gets booted from flight for being "too fat"

SCCutler said:
No slam-dunk at all; the airline is selling passage in a seat; if a passenger cannot fit, and there is no additional room to accommodate, he or she is SOL. The seat includes no just the surface, but the space above and in front of it required to accommodate a passenger.
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While true, the section does say that it protects for disabilities covered by this part. It would seem that since the FAA has not specifically mentioned obesity as a disability, it would not, per se, qualify as a disability, and therefore, this section would be nullified. Absent stare decisis, this would be a ground breaking case, methinks.

Now, assuming you could get a jury trial for an administrative law case, I think this case would come down to swinging a jury based on emotion, rather than existing law or judicial precedent.

edit: Hey, that was kinda lawyerly. I even used lawyering terms and everything. Can I practice legals now?

edit2: Although, I'm about 90% sure that SD only applies to criminal law.
 
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SkyHog said:
While true, the section does say that it protects for disabilities covered by this part. It would seem that since the FAA has not specifically mentioned obesity as a disability,
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The FAA doesn't have to -- the law and courts already have.
 
It doesn't have to be in coach. I took TWA to ATL for a high-mocus meeting with big buck clients, seated first-class front row aisle, wearing my grey flannel suit that was fashionable at the time. Breafast was served (pancakes) and the crew had evidently left the maple syrup (in large containers similar in design to coffee creamers) in the oven too long. When the guy across the aisle cracked the lid, his syrup erupted in a fine atomized stream, which he instinctively pointed away from himself. The mist made a gentle arc across the aisle and covered me like morning dew on a bermuda grass lawn. The FA's (we called them stew's back then) did what they could and the guy apologized profusely, but like Dave I was there for a one-day meeting and back home after lunch. My hair didn't move all day, and when I walked fast it made a funny scrunching sound smelled like an Aunt Jemima's commercial.

Dave Siciliano said:
I had the same kind of thing happen to me several years ago. I pressed the flight attendant button and was moved. Luckily for me, there were other empty seats.

The worse thing I ever had happen was when I was in a window seat; lady with a young child walked up, put the kid in the middle next to me and she took the aisle. As soon as we began the takeoff roll, the kid started screaming. Moma gave him some peanut butter crackers. I soon had peanut butter all over my business suit. While I had a change of other things, I did not have another suit as it was out and back in one day. The airline offered to pay the cleaning bill; I just fumed. Pushed the attendant button: flight was full. Mom apologized but I had to go straight to a meeting when I arrived. I love kids, but this was ridiculous.

Best,

Dave
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Ron Levy said:
You didn't have to put up with that. If the passenger can't fit in the seat purchased, the passenger must purchase two adjoining seats or pay for the upgrade to a class with wider seats. 14 CFR 382.87(f)
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Airplane was completely full. I even asked for the jumpseat. Couldn't, there was someone in it. And, 382.87 was different in 1983.
 
SkyHog said:
While true, the section does say that it protects for disabilities covered by this part. It would seem that since the FAA has not specifically mentioned obesity as a disability, it would not, per se, qualify as a disability, and therefore, this section would be nullified. Absent stare decisis, this would be a ground breaking case, methinks.

Now, assuming you could get a jury trial for an administrative law case, I think this case would come down to swinging a jury based on emotion, rather than existing law or judicial precedent.

edit: Hey, that was kinda lawyerly. I even used lawyering terms and everything. Can I practice legals now?

edit2: Although, I'm about 90% sure that SD only applies to criminal law.
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Actually it only covers some disabilies, if you are handicaped and can't walk but can sit in one seat with your chair stowed in baggage you only buy one seat. If you have to have medical equipment with you that will not stow below the seat in front of you, you have to buy the second seat to secure it in and it's not considered discrimination. So if you are fat and can't keep it to one seat... you have to buy two. No discrimination.
 
wabower said:
Breafast was served (pancakes) and the crew had evidently left the maple syrup (in large containers similar in design to coffee creamers) in the oven too long. When the guy across the aisle cracked the lid, his syrup erupted in a fine atomized stream, which he instinctively pointed away from himself. The mist made a gentle arc across the aisle and covered me like morning dew on a bermuda grass lawn. The FA's (we called them stew's back then) did what they could and the guy apologized profusely, but like Dave I was there for a one-day meeting and back home after lunch. My hair didn't move all day, and when I walked fast it made a funny scrunching sound smelled like an Aunt Jemima's commercial.
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I haven't laughed that hard in a long time; great visual picture using words, Wayne! Sorry that happened to you, but thanks for sharing it here!
 
wabower said:
It doesn't have to be in coach. I took TWA to ATL for a high-mocus meeting with big buck clients, seated first-class front row aisle, wearing my grey flannel suit that was fashionable at the time. Breafast was served (pancakes) and the crew had evidently left the maple syrup (in large containers similar in design to coffee creamers) in the oven too long. When the guy across the aisle cracked the lid, his syrup erupted in a fine atomized stream, which he instinctively pointed away from himself. The mist made a gentle arc across the aisle and covered me like morning dew on a bermuda grass lawn. The FA's (we called them stew's back then) did what they could and the guy apologized profusely, but like Dave I was there for a one-day meeting and back home after lunch. My hair didn't move all day, and when I walked fast it made a funny scrunching sound smelled like an Aunt Jemima's commercial.
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I'm still chuckling! Thanks for sharing. I'm glad you can look back and laugh 'bout it.
Wounder if your business colleagues thought you came across a little stiff :goofy:

Best,

Dave
 
Dunno. Every time I put an exhibit on the table they asked if it was the breakfast menu.

Dave Siciliano said:
I'm still chuckling! Thanks for sharing. I'm glad you can look back and laugh 'bout it.
Wounder if your business colleagues thought you came across a little stiff :goofy:

Best,

Dave
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There is an airline that charges by weight:
http://flyderrie-air.com/






Actually, the ad was posted a while back in the philadelphia inquirer with the link as a marketing survey to see how many people look at ads near the back of the paper....
 
bbchien said:
I think the obese need to pay for two seats. My last flight on commercial was in 25E from Boston to Seattle. An incredible obese lady. the last to board, got the aisle passenger up, flipped both handrests up and sat down. I was plastered against the outer skin for 4.2 hours.

NEVER again.
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I had a similar experience flying from Chicago to Atlanta, back in the 90s. Like a fool, I suffered in silence.

I vowed that I would NEVER be subjected to such poor treatment again. If I am ever again seated in such a manner, I will insist on being moved, or having the offender moved. I am glad to see that airlines are at last recognizing that obese people are not being "oppressed" or "discriminated against" when the rest of insist that they not infringe on our space.
 
Getting on a plane in Chicago, Delta 727, to fly home to Houston (where I lived at the time). Had been unable to reserve anything other than a middle seat, something like 21A.

Walked down the aisle, and it looked like I was the object of a Candid Camera skit- the A seat had a guy, had to be 350lb if he was an ounce; the C seat had a woman, could not have weighed much less. The armrests were down, and they were touching. Without trying. (They were also engaged in animated conversation, probably about donuts or something)

I turned to the nearest flight attendant, and said I have a problem, and she cheerily said, "Oh, your seat is right over (turns to point) ... oh, I see."

Blind luck, there was one (1) seat left in coach, an aisle seat a few rows up; she later told me that, had there not been a seat, she would have either put me in first, or "made other arrangements."

I am really not exaggerating about how big they each were; both required seatbelt extenders.
 
SCCutler said:
Getting on a plane in Chicago, Delta 727, to fly home to Houston (where I lived at the time). Had been unable to reserve anything other than a middle seat, something like 21A.

Walked down the aisle, and it looked like I was the object of a Candid Camera skit- the A seat had a guy, had to be 350lb if he was an ounce; the C seat had a woman, could not have weighed much less. The armrests were down, and they were touching. Without trying. (They were also engaged in animated conversation, probably about donuts or something)

I turned to the nearest flight attendant, and said I have a problem, and she cheerily said, "Oh, your seat is right over (turns to point) ... oh, I see."

Blind luck, there was one (1) seat left in coach, an aisle seat a few rows up; she later told me that, had there not been a seat, she would have either put me in first, or "made other arrangements."

I am really not exaggerating about how big they each were; both required seatbelt extenders.
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You're so picky :goofy:

Who wouldn't want to sit between the Jabba the Hut and El Gordo?

Certainly larger folks need to be accommodated; just not at the expense of other.

Best,

Dave
 
"Thyroid problems"--that and "big bones." :crazy: That's always the reason some folks have "weight and balance" issues--never dietary and exercise (or lack thereof). Oh, and also "it's genetic," bad knees, bad back, bad ankles, bad... &c, &c, &c--ad infinitum, ad nauseum.:rolleyes2::nonod::frown2::(

Sigh.
 
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jshawley said:
"Thyroid problems"--that and "big bones." :crazy: That's always the reason some folks have "weight and balance" issues--never dietary and exercise (or lack thereof). Oh, and also "it's genetic," bad knees, bad back, bad ankles, bad... &c, &c, &c--ad infinitum, ad nauseum.:rolleyes2::nonod::frown2::(

Sigh.
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Spot on.

I love it when I hear, "Oh, you're so lucky you have those skinny genes..."

No, I have the self-discipline to so no to another slice of pizza and yes to a three mile run.
 
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