Originally Posted by
Catboatsailor
This isn't a black and white story. There's grey area on both sides. The mother should never have said anything about her child going scratch. That is the info that put her into a threat level. With limited info the Captain acted.
The air carrier access act specifically states:
"* Carriers must provide passage to an individual who has a disability that may affect his or her appearance or involuntary behavior, even if this disability may offend, annoy, or be an inconvenience to crew-members or other passengers. "
Getting the flight attendants to heat up a sandwich, which they bought, is an inconvenience but still required. The mother offered to pay for the first class meal. The daughter never had an outburst.
The Mother's mistake was using the word "scratch" instead of meltdown.
A few times, I've see on the line, crewmembers that don't understand what the Air Carrier Access act entails. A little time and understanding can prevent many of these incidents.
Safety of flight issue. Please read the following section of the Air Carrier Access Act:
§ 382.31 Refusal of transportation.
(d) Carrier personnel, as authorized by 49 U.S.C. 44902, 14 CFR 91.8, or 14 CFR 121.533, may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations. In exercising this authority, carrier personnel shall not discriminate against any qualified individual with a disability on the basis of disability and their actions shall not be inconsistent with the provisions of this Part. In the event that such action is inconsistent with the provisions of this Part, the carrier shall be subject to remedies provided under § 382.65.
There's no grey here. The mother stated that her daughter would become violent, creating a safety of flight issue. The case will be dismissed.
The mother stated that she's a Platinum with United. That requires 75K miles + $9K annual spend. That's a lot of flying. For the mother to be so unprepared, in spite of her frequent flying, will not be viewed favorably in a court of law.