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Did United Airlines have any other choice than to eject that passenger?

Okay Loren. Just for you I'm going to spell it out.

I noted it was interesting that the two people posting in this thread most closely aligned with the Libertarian position are the same two people who think that the 'adult' thing to do is immediately surrender to an authority figure regardless of your rights so that a business can violate the terms of a contract. You responded by saying "Because we feel that contract disputes should be handled in court, not by violence. Are you perhaps a fan of trial by combat?"

The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?
 
Okay Loren. Just for you I'm going to spell it out.

I noted it was interesting that the two people posting in this thread most closely aligned with the Libertarian position are the same two people who think that the 'adult' thing to do is immediately surrender to an authority figure regardless of your rights so that a business can violate the terms of a contract. You responded by saying "Because we feel that contract disputes should be handled in court, not by violence. Are you perhaps a fan of trial by combat?"

The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

I am not saying that at all.

The Libertarian position, both in the John Birch Society and Objectivist versions, holds that voluntary contracts between parties are the foundation of a free society, and upholding/enforcing them is one of just two legitimate uses of government force (the other being national defense).

You think an airline can violate contracts at will, and you approve of the use of government agents to enforce its decisions. You're showing your true colors. You may think you're some kind of Libertarian but your position is 100% Authoritarian.

If contract disputes should be handled in court then United should have taken Dao to court and sued him for losses (United would have lost btw - the contract did not allow United to do what it was trying to do, and the airline had other options than to resort to the use of force). It should not have resorted to "trial by combat" in which Dr. Dao was pitted against security guards acting as Mafia-style enforcers in a contract dispute.

Barring special legal protections a property owner can demand you leave their property. Period. If you are wronged in the process you seek redress in the courts, you don't refuse to leave.

Wrong, as you've been shown over and over again. Once a contract goes into effect, the rights of each party is constrained by its terms. The Contract of Carriage spelled out the conditions under which a passenger could be forced to leave the aircraft and those conditions were not met. Dr. Dao had the right to remain in his seat until he (or another passenger) and United reached a mutually agreed upon deal under which he (or another passenger) would give up his seat and United would compensate him for the inconvenience. The use or threat of force to achieve compliance was completely unlawful.

United was not justified in calling for security to throw a properly ticketed, boarded, and seated passenger off the plane unless s/he had violated the terms of the Contract of Carriage. The security team was wrong to act like mob enforcers.

Dr. Dao was not in violation of the Contract of Carriage. He was not in violation of FAA regulations or federal laws. He had the right to remain in his seat.

If United wanted its boarded passengers to give up their seats it should have offered them enough cash and compensation to get enough volunteers. What it did instead was inappropriate, unlawful, and just plain wrong.

Just had a thought here. By refusing to leave he was in violation of FAA regulations--in theory he could have gotten 20 years in jail for his stunt. (Not that his level of disobedience would draw a penalty anything like that.)

No, he wasn't in violation of federal regulations. Dr. Dao is not an airline, railroad, ferry service, or other transportation business regulated by 14 CFR.

You're showing your true colors again. That you would even think the federal government has the legitimate authority to throw him in prison because he wanted to stay in his seat and be transported to his destination per his agreement with United, is appalling. I can't say I'm surprised you would think it, but still... !
 
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Looking in your mirror at yourself again?

Seriously Loren, it is a TOU violation to hurl insults at other members. Just because you aren't using profanity doesn't mean we all can't see straight through what you are trying to do here... you are attempting to insult and disparage Arctish.

Cut it out.

You're doing absolutely nothing to rebut what I'm saying. And I'm not calling you a name, I am comparing the style of argument. You're obviously not a creationist, I'm saying you're showing the same fanatacism they do.

Again, you are attempting to insult members of this board, and that is a TOU violation.

And is has been Arctish you have been goading, harassing, insulting, & flaming with this bullshit. You are trying to expand it to me too now?... because I called you on your childishness?

I have been pointing out that you are avoiding addressing the facts of the case (the DOT report) and instead scrambling for secondary (and generally ill informed) sources that say what you want to hear. The acts of a true believer faced with blasphemy, not a reasonable debate. (Note that I'm not saying you're religious, I'm saying you are taking a position on faith akin to a religion even though there's no deity involved.)
 
Okay Loren. Just for you I'm going to spell it out.

I noted it was interesting that the two people posting in this thread most closely aligned with the Libertarian position are the same two people who think that the 'adult' thing to do is immediately surrender to an authority figure regardless of your rights so that a business can violate the terms of a contract. You responded by saying "Because we feel that contract disputes should be handled in court, not by violence. Are you perhaps a fan of trial by combat?"

The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".
 
The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".


Are you sure that's not for intimidating and insulting a flight crew with a less of a punishment for just disobeying? I think it's like a fine of $25K.
 
You think an airline can violate contracts at will, and you approve of the use of government agents to enforce its decisions. You're showing your true colors. You may think you're some kind of Libertarian but your position is 100% Authoritarian.

We have a situation for which the penalty for breaking the contract is defined. They are free to break the contract and pay the penalty.

Barring special legal protections a property owner can demand you leave their property. Period. If you are wronged in the process you seek redress in the courts, you don't refuse to leave.

Wrong, as you've been shown over and over again. Once a contract goes into effect, the rights of each party is constrained by its terms. The Contract of Carriage spelled out the conditions under which a passenger could be forced to leave the aircraft and those conditions were not met. Dr. Dao had the right to remain in his seat until he (or another passenger) and United reached a mutually agreed upon deal under which he (or another passenger) would give up his seat and United would compensate him for the inconvenience. The use or threat of force to achieve compliance was completely unlawful.

The contract of carriage shows how he could be removed without penalty. The DOT rules define the penalty for removing him for other reasons. (Which can be $0 if it's something like weather, or 4x the ticket (or 4x the cheapest ticket if you didn't pay $ for your ticket) if it's their fault.)

Dr. Dao was not in violation of the Contract of Carriage. He was not in violation of FAA regulations or federal laws. He had the right to remain in his seat.

If United wanted its boarded passengers to give up their seats it should have offered them enough cash and compensation to get enough volunteers. What it did instead was inappropriate, unlawful, and just plain wrong.

Just had a thought here. By refusing to leave he was in violation of FAA regulations--in theory he could have gotten 20 years in jail for his stunt. (Not that his level of disobedience would draw a penalty anything like that.)

No, he wasn't in violation of federal regulations. Dr. Dao is not an airline, railroad, ferry service, or other transportation business regulated by 14 CFR.

You're showing your true colors again. That you would even think the federal government has the legitimate authority to throw him in prison because he wanted to stay in his seat and be transported to his destination per his agreement with United, is appalling. I can't say I'm surprised you would think it, but still... !

I didn't say Dao is any type of business. The felony I am talking about is disobeying a crewmember's instructions.
 
The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".


The airline management and crew had no business (customer relations, exchange of money for service provided) or moral or ethical right to remove him from the seat he had paid for and peacefully occupied. That is assault.
 
Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".


The airline management and crew had no business (customer relations, exchange of money for service provided) or moral or ethical right to remove him from the seat he had paid for and peacefully occupied. That is assault.

The DoT put in the provisions for the denied boarding because they knew that because of the challenges of running a complicated airlines an airlines might have to do what they did so instead of inconveniencing thousands of fliers, they inconvenienced one of them. If you don't want to be kicked off someone else's property, buy your own property and kick other people off :)
 
You're doing absolutely nothing to rebut what I'm saying. And I'm not calling you a name, I am comparing the style of argument. You're obviously not a creationist, I'm saying you're showing the same fanatacism they do.

Again, you are attempting to insult members of this board, and that is a TOU violation.

And is has been Arctish you have been goading, harassing, insulting, & flaming with this bullshit. You are trying to expand it to me too now?... because I called you on your childishness?

I have been pointing out that you are avoiding addressing the facts of the case (the DOT report) and instead scrambling for secondary (and generally ill informed) sources that say what you want to hear. The acts of a true believer faced with blasphemy, not a reasonable debate. (Note that I'm not saying you're religious, I'm saying you are taking a position on faith akin to a religion even though there's no deity involved.)

So you ARE now trying to include me in the repeated attempts to goad, harass, insult, & flame as you have been doing to Arctish.

In other words, you are taking a position akin to a troll even through there's no real troll involved. Got it.

- - - Updated - - -

We have a situation for which the penalty for breaking the contract is defined. They are free to break the contract and pay the penalty.
They aren't free to break the contract using force/violence

- - - Updated - - -

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".


The airline management and crew had no business (customer relations, exchange of money for service provided) or moral or ethical right to remove him from the seat he had paid for and peacefully occupied. That is assault.

The DoT put in the provisions for the denied boarding because they knew that because of the challenges of running a complicated airlines an airlines might have to do what they did so instead of inconveniencing thousands of fliers, they inconvenienced one of them. If you don't want to be kicked off someone else's property, buy your own property and kick other people off :)

It was not "denied boarding"
 
Federal law: §40103. Sovereignty and use of airspace

A citizen of the United States has a public right of transit through the navigable airspace.

Federal Aviation Administration, DOT

§ 91.11 Prohibition on interference with crewmembers.

No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crew member’s duties aboard an aircraft being operated.

^^^ Per FAA DOT, those are the only reasons a pilot can have a passenger removed. Dr. Dao was not doing any of those things.

Eid v. Alaska Airlines Inc

Alaska Air moved for summary judgment, claiming that the pilot's actions were entitled to substantial deference, and could not be
questioned unless he was acting in an arbitrary or capricious manner. While the district court granted the motion, the Ninth Circuit reversed and remanded the case for trial.

Eid held that the clear terms of the Tokyo Convention provide immunity only where the pilot has "reasonable grounds" to act and do not establish a higher "arbitrary and capricious" standard. The Ninth Circuit, viewing the evidence on the motion in the light most favorable to the plaintiffs, found there was "no emergency" and that the passengers did nothing to threaten the crew.

Do the airlines abuse their authority? Most certainly they do:

http://www.philly.com/philly/news/2...is__quot_terrorist__quot__flight_delayed.html

http://fortune.com/2016/04/19/student-southwest-arabic-apology/

But a key element is that the crew still has to at least lie and claim that the passenger is “inimical to safety”. United didn't even do that much wrt Dr. Dao. This was not, in any way, shape or form, a safety situation.
 
Okay Loren. Just for you I'm going to spell it out.

I noted it was interesting that the two people posting in this thread most closely aligned with the Libertarian position are the same two people who think that the 'adult' thing to do is immediately surrender to an authority figure regardless of your rights so that a business can violate the terms of a contract. You responded by saying "Because we feel that contract disputes should be handled in court, not by violence. Are you perhaps a fan of trial by combat?"

The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".

I didn't say he was "doing nothing"; I refuted your claim "You are saying Dao should use force...". Arctish never suggested any use of force by Dao, and it is truly bizarre that you can characterise his inaction as 'force'.

Ignoring an unlawful order is not use of force.

Even ignoring a lawful order would not be use of force.
 
The contract has been breached. You are saying Dao should use force to attempt to force adherence to the contract. Note that regardless of whether he's right or wrong that's something that by itself will almost certainly get him thrown off the plane as a safety risk. (Pilots do not like it when passengers disobey crewmember instructions! It's unlikely they'll take the time to play judge, they'll throw you off and let you settle it with the airline.)

Only in bizarro authoritarian nutcase land could sitting in the seat you paid for while talking to your lawyer on the phone be construed as "use[ing] force to attempt to force adherence to the contract."

FFS Loren, what is WRONG with you?

Repeatedly disobeying crewmember instructions is a federal felony. Up to 20 years + $250k fine.

That's your "doing nothing".


The airline management and crew had no business (customer relations, exchange of money for service provided) or moral or ethical right to remove him from the seat he had paid for and peacefully occupied. That is assault.

1) That's not rebutting my point about his actions being a felony.

2) By the time he had been that disobedient the pilot would no doubt want him removed anyway.

- - - Updated - - -

It was not "denied boarding"

The DoT makes the rules.

The DoT called it involuntary denied boarding.

Why do you believe they don't know what they are saying?
 
Federal Aviation Administration, DOT

§ 91.11 Prohibition on interference with crewmembers.

No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crew member’s duties aboard an aircraft being operated.

^^^ Per FAA DOT, those are the only reasons a pilot can have a passenger removed. Dr. Dao was not doing any of those things.

Eid v. Alaska Airlines Inc

Alaska Air moved for summary judgment, claiming that the pilot's actions were entitled to substantial deference, and could not be
questioned unless he was acting in an arbitrary or capricious manner. While the district court granted the motion, the Ninth Circuit reversed and remanded the case for trial.

Eid held that the clear terms of the Tokyo Convention provide immunity only where the pilot has "reasonable grounds" to act and do not establish a higher "arbitrary and capricious" standard. The Ninth Circuit, viewing the evidence on the motion in the light most favorable to the plaintiffs, found there was "no emergency" and that the passengers did nothing to threaten the crew.

Do the airlines abuse their authority? Most certainly they do:

http://www.philly.com/philly/news/2...is__quot_terrorist__quot__flight_delayed.html

http://fortune.com/2016/04/19/student-southwest-arabic-apology/

But a key element is that the crew still has to at least lie and claim that the passenger is “inimical to safety”. United didn't even do that much wrt Dr. Dao. This was not, in any way, shape or form, a safety situation.

Somebody being very disobedient is inimical to safety--they would likely also be disobedient in an emergency. Note that most of the rules that apply to passengers are a matter of how an emergency is handled, not issues that matter for normal flight.
 
The DoT makes the rules.

The DoT called it involuntary denied boarding.

Why do you believe they don't know what they are saying?

Because your interpretation of what you think the letter said is not the same as what the DOT actually says

And the only thing the DoT said they did wrong was give a wrong schedule to one person and not give the Dr his written statement that day. If that had felt United did something wrong like you suggest they could have easily made the same argument that you did and warned United that they violated whatever code you had said. They oculd have fined United for it or ushered a stern warning. It's the DoT's job to do this, but they didn't. All they said, was you should have given him the paper on the way to the hospital.
 
Somebody being very disobedient is inimical to safety-- they would likely also be disobedient in an emergency.

1. BULL-FUCKING-SHIT
2. Every time you use the word "disobedient" to refer to a grown man who was quietly sitting in the seat HE PAID FOR and the airline SEATED HIM IN, you sound exactly like an authoritarian, not a Libertarian
 
Because your interpretation of what you think the letter said is not the same as what the DOT actually says

And the only thing the DoT said they did wrong was give a wrong schedule to one person and not give the Dr his written statement that day. If that had felt United did something wrong like you suggest they could have easily made the same argument that you did and warned United that they violated whatever code you had said. They oculd have fined United for it or ushered a stern warning. It's the DoT's job to do this, but they didn't. All they said, was you should have given him the paper on the way to the hospital.

Or, they dodged the issue by emphasizing that there was no racial discrimination, and that the violence was done by the faux-cop rather that airline crew, and because United was already settling with Dr. Dao
 
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