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.