Tag Archives: FAA

An Anti-Masker Walked Into a Bar ….

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Actually, no, it’s not a bar and it’s not a joke. They’re boarding airplanes, knowing full well that there is a federal policy requiring that masks always be worn except when actively eating or drinking. Yet they continue to reject compliance and, in many cases, verbally and physically abuse flight crews and fellow passengers.

The situation is so bad that the Federal Aviation Administration is publishing monthly Unruly Passenger Statistics. See https://www.faa.gov/unruly

It’s time to stop calling these miscreants “unruly passengers” and call them by their true name: Criminals. Why?

As stated by the FAA:

Interfering with the duties of a crewmember violates federal law

“Unruly passengers” can be fined by the FAA and criminally prosecuted by the FBI.

“Can be,” yes, but are they? Some are, for sure. You can read about some of the fines imposed in Travel Pulse: FAA Fines 10 Unruly Passengers $225K for Alleged Assault, https://bit.ly/3qGcoJm That’s some serious coin. The Washington Post reports that the FAA has referred 37 cases to the FBI for prosecution. https://wapo.st/3BQT5iq

The problem, as I see it, remains that only a small share of the cases is being pursued, despite a “zero tolerance” policy adopted by the FAA at the beginning of 2021:

The FAA reported 5,033 incidents of unruly passengers as of November during this year, 3,642 of which were related to mask-wearing. From the total number of incidents, the FAA initiated 950 investigations, a sixfold increase from last year.

The agency initiated enforcement action in 227 cases, some of which will lead to a civil penalty. Of the 227, 37 of the most egregious cases of disruptive or violent passenger behavior were referred to the FBI for possible criminal prosecution.

The progression from 5,033 incidents to 950 investigations to 227 enforcements to 37 possible criminal prosecutions suggests to the irresponsible anti-masker (who thinks it’s perfectly fine to violate federal law, assault flight attendants and possibly endanger the safety of an entire aircraft in flight) that his chances of getting away with “unruly behavior” are pretty good.

The words we use are important. Calling someone’s misconduct “unruly” diminishes its significance. It superficially equates attacks on flight attendants with talking too loudly, playing music without earbuds and generally being a slob. But those latter misbehaviors – obvious acts of unruliness — are in a completely different category from refusing to comply with masking rules and, even more obviously, physically attacking a flight crew member.

Aircraft in flight are no place for scuffles and fist fights. Nevertheless, in many cases other passengers have engaged miscreant anti-maskers in efforts to protect flight attendants and to restore order. It’s good that there are people prepared to engage in this way, but it should never escalate to that stage.

I well understand that airlines are reluctant to sound too “authoritarian” in presenting passengers with the “rule of the airways” after boarding, but the fact remains that the dangers of violent passengers on an aircraft present a uniquely problematic situation – for the passengers and crew as well as people on the ground.

The AFA-CWA International that represents flight attendants has argued that,

Expeditiously referring the most violent, physical assaults against crewmembers and passengers to the Department of Justice for public prosecution is the most effective way to deter bad actors and put a stop to the spike in disruptive passengers. https://bit.ly/3Cj0eZh

Absolutely right, but I would go even further and argue for criminal referral of every act of assault against crew members, as well as every act of refusal to follow flight crew instructions to “mask up.” If in the off chance that a crew member oversteps, the passenger can take it up with the airline after the flight, not by verbally or physically attacking the crew. Based on experience to date, it seems clear that the only way to deter this dangerous criminal behavior is to create the certainty that criminal prosecution will ensue.

So, FAA, start using the right words to describe the conduct and refer all the cases to the FBI. And while you’re at it, adopt the flight attendants’ union’s call for,

the creation of a centralized list of violators who will be denied the freedom of flight on all airlines. If a passenger physically assaults crewmembers or other passengers on one airline, they pose a risk to passengers and crew at every airline. They should be banned from flying on all airlines. Period.

The time has passed for putting that issue “on the table,” as suggested by Transportation Secretary Pete Buttigieg. It’s time to act.

Time for Strong Action Against Unruly Air Travelers

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Back in July 2020, when the pandemic was still raging around the country, the Association of Flight Attendants called on the Federal Aviation Administration to mandate masks be worn by passengers on commercial flights. https://bit.ly/3yGZqgm The AFA called the FAA’s failure to act “absurd,” and it was. One can easily imagine that the FAA was, like many other federal agencies, intimidated by Donald Trump and his overt resistance to admitting the seriousness of the pandemic which (despite his assurances it was under control and would soon disappear “like magic”) has been responsible for the deaths of what is approaching 600,000 Americans.

Frankly, madam/sir/whomever, I really don’t give a damn about your “rights” and your claim to “freedom” to put others at risk. Air travel has proved to be relatively COVID-risk- free, and the widespread implementation of vaccinations is making it more so.

Nevertheless, many remain vulnerable and while the federal mandate is now at long last in place, enforcement remains a problem. The union president noted that while airline crews were doing better in protecting themselves with masks, some customers continue to resist. Threatened bans on future travel were insufficient deterrents. Flight attendants were subjected to verbal abuse and even physical attacks, for which, apparently, the airline employees are left to their personal legal remedies.

Most recently, it was reported that a Southwest Airlines flight attendant was attacked by a passenger and lost two teeth, among other injuries. https://bit.ly/3hYwbjb  Once again the president of the local flight attendants union sent a letter to the airline’s CEO calling for more aggressive action, since this was “just one of many occurrences.” The letter said,

Today’s traveling environment requires a new level of firmness in both tone and direction to ensure proper control in the cabin of our aircraft as the attitudes and behaviors of the flying public have, unfortunately, declined.

Part of the issue is, as the union noted, “Oftentimes, appropriate actions to maintain a safe environment have been misconstrued as being unkind or inhospitable. As alcohol sales are added back into this already volatile environment….” Airline reluctance to engage passengers aggressively may be particularly affected now that the pandemic appears to be receding and national policy is opening the door to increase travel. Pent-up demand for travel is very strong, so a near-term major increase in both travel and incidents may be in the offing. Airlines are likely concerned about any action that will be seen as off-putting by some passengers.

If so, that’s no excuse for inaction. The union letter noted there were 477 incidents on Southwest Airlines alone in the five week period ended May 15. The total incident count nationally must therefore have been in the thousands.  This is not just a Southwest Airlines problem. According to USAToday,

The FAA has taken notice of a spike in passengers behaving badly, adopting a zero-tolerance policy in January and extending it in Marchso it’s in place throughout the pandemic.

Since Jan. 1, the agency said it had received approximately 2,500 reports of unruly behavior by passengers, including about 1,900 reports of passengers refusing to comply with the federal facemask mandate.

The agency has proposed hundreds of thousands of fines, including $258,250 so far in May.

That’s all well and good, but likely more must be done to stop the escalating attacks on flight attendants working to keep everyone safe in flight.

The union letter asked for three steps:

  • Better inform passengers that misbehaving could land them on Southwest’s restricted travelers list and result in potential fines, criminal charges and possible imprisonment:  “The flying public needs to understand that egregious behavior will result in being banned from flying with Southwest Airlines.”
  • Be consistent in policies: “No passenger should be removed from one flight only to be permitted to board the very next Southwest Airlines flight after a noncompliance incident. We ask that you take a strong stance to ensure that unruly passengers are not welcome to travel with us. Period. Full stop.”
  • Demand the U.S. government increase the number of federal air marshals on flights and request that they “get involved and take action” when crew members are threatened.

Those steps are all good, but I believe more is required. A number of possibilities come to mind.

  1. Give each boarding adult passenger a card that states unequivocally the mask and other pandemic-related rules, that these rules are requirements of federal law and/or airline policy and not subject to discussion or debate and will be enforced strictly throughout the flight. Failure to comply will result in arrest at the next stop.
  2. Anyone physically attacking a flight attendant will be sued on behalf of the attendant by the employing airline. Not may but will. For serious actual and punitive damages. Count on it.
  3. Any person physically attacking a flight attendant will be, not may be, will be banned for life from flying on that airline.
  4. The federal government should add a new policy that if a passenger is found guilty and/or liable for assaulting a flight attendant or other crew, other airlines will be notified of the identity of that passenger, so they can take whatever action they want to take in the circumstances. Such passengers are clearly unsafe for those around them, so safety considerations warrant such disclosures.

In short, adults will be expected to act like adults. If you can’t comply, don’t fly. If you do fly and you don’t comply, you will, not may, face severe consequences, guaranteed.

This will seem harsh to some and downright un-American to others. Too bad. It is intolerable and unconscionable that flight attendants should be subjected to the reported abuses by inconsiderate and violent jerks who think the laws and regulations should not apply to them. There is no doubt that flying commercially involves a degree of regimentation. This is done for the safety and comfort of everyone involved, not just the few who think they are above the law. This is not new.

If the union and my reforms are implemented, it seems most likely that violent incidents in air travel will decline swiftly and significantly. With any luck, in the slightly distant future, the masking rules may be relaxed. Until then, it’s time for the airlines and the government to act decisively to restore consumer confidence in air travel and to protect the people who are in place to protect the rest of us.