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United messed up big time, but the police had every right to remove him. He was on private property and was asked to leave. He refused and was considered a trespasser. The police were removing a trespasser.
Incorrect
Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been "reserved" and "confirmed" to accommodate him specifically.
Passenger was NOT belligerent prior to cops hassling him, and eyewitness statements and videos prove this. Show me one eyewitness that said he was belligerent.
And Christ almighty, please read the whole United thread. It's literally been pointed out dozens of times United did not follow any procedures from a legal standpoint based on their own carrier contract. And it never applied anyways since all passengers were boarded. And contrary to what people think, the general public DO have rights when it comes to being consumers, against unscrupulous corporations like United.
And there are videos where police have clearly abused people of color during arrest, and I criticize the police in these cases (and I dislike BLM).
Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been "reserved" and "confirmed" to accommodate him specifically.
There are two things going on here.
1. Whether it was legal for United to ask/force the passenger to leave
2. Whether it was legal for law enforcement to ask/force the passenger to leave.
Number 1, I guess we'll have to wait and see what the court says. My impression is that once you are boarded, you can only be removed if you are misbehaving, or if there's a problem on the flight. This was not the case here. United screwed up big time.
Number 2 is definitely true. If you go to McDonalds, the store has every right to ask you to leave without any reason given. You're on private property. If you refuse to leave, legally, they can call the police and have you removed. If you refuse, I'm guessing that the police will forcefully remove you.
1. Whether it was legal for United to ask/force the passenger to leave
2. Whether it was legal for law enforcement to ask/force the passenger to leave.
Number 1, I guess we'll have to wait and see what the court says. My impression is that once you are boarded, you can only be removed if you are misbehaving, or if there's a problem on the flight. This was not the case here. United screwed up big time.
Number 2 is definitely true. If you go to McDonalds, the store has every right to ask you to leave without any reason given. You're on private property. If you refuse to leave, legally, they can call the police and have you removed. If you refuse, I'm guessing that the police will forcefully remove you.
Number 2 and going to McDonalds vs paying for a plane ticket and boarding the flight are super incomparable. You can't use physical force and remove someone though. And it's not "private property" he was already SEATED in his seat. If he was held up at the gate, maybe. But at that point, protocol shouldn't have even had the airport security on board asking people to get up. They had already boarded. That's on United to ask people to leave like that and then to randomly select people instead of just having the captain announce it on overhead was a dumb decision. The private property argument doesn't hold up anymore, especially since he paid his ticket price in full and already boarded the plane.
I can careless if the guy got mad and started yelling. But how much could a 69 year old man do to "threaten" anyone.
There is a lesson for United in all of this. If you are going to remove a person, make it a black one. If this had been a black man, no one would have been coming to his defense except for Sharpton.
OP, thread fail. The passenger already boarded the plane. You can't remove someone after they've already boarded.
If this happened at the gate, you might have a case, but the police shouldn't have even touched that man once the passengers have boarded the plane and in their seats. Period. The most they could've done at that point was offer anyone who wants it $1000 bucks to leave their seat. The cops shouldn't have even been involved at that point and United should've just had their employees get a car rental or wait for another flight at that point.
It's 100% United's fault, not the passenger. Period.
if the airline says we need 4 volunteers and there are no takers and they announce, they will randomly pick people, once your name is called, you dont have a choice.
Several reports shows this man was belligerent and started the whole, its because im Chinese why you are singling him out. They cops asked him to leave once the airlines called them and he refused. He even said you will have to drag him out, in which they did, he proceeded to run back on the plane afterwards, which is the equivalent of evading arrest.
The passengers resistance is what caused this to make the news.
United messed up big time, but the police had every right to remove him. He was on private property and was asked to leave. He refused and was considered a trespasser. The police were removing a trespasser.
Airlines bump passengers all the time. Its even in the terms and conditions, they can remove you. The other 3 left the plane with no issue and he chose to be taken out dragged and screaming.
United is to blame to removing a paying passenger, but he was to blame for how he handled his end of the situation. Get you azz off the plane and work it out at the counter, do instigate a situation with security.
United messed up big time, but the police had every right to remove him. He was on private property and was asked to leave. He refused and was considered a trespasser. The police were removing a trespasser.
Post is nonsense. This is a public carriage matter not private property. Who is it you think owns the land the plane is parked on? If you put a vehicle in a parking lot do you now control motion around your car?
And he clearly is not a trespasser. In fact you could claim he had a lease on the space.
if the airline says we need 4 volunteers and there are no takers and they announce, they will randomly pick people, once your name is called, you dont have a choice.
Several reports shows this man was belligerent and started the whole, its because im Chinese why you are singling him out. They cops asked him to leave once the airlines called them and he refused. He even said you will have to drag him out, in which they did, he proceeded to run back on the plane afterwards, which is the equivalent of evading arrest.
The passengers resistance is what caused this to make the news.
Everybody has a price. They should've continued to raise the offer until enough people bit, and I guarantee they would have.
United F'ed up here, period. They F'ed up by trying to force their customers to accommodate employees, and they F'ed up having security guards physically batter an old doctor.
I back the doctor 100%, United 0%. The only people that should've been held accountable for anything were their employees that screwed up the booking.
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