The public attitude of high dudgeon ahainst UAl is BS, as is drug-pushing Dr. Dao’s chances in a civil suit.
The airline has the right, for any nondiscriminatory purpose, to remove any pax from an a/c at any time the door is open. You may not like it, and there are rules for compensation, but that is the law, the filed tariffs and the Contract of Carriage.
The passenger refused the flight attendant’s repeated requests then legal demands over a 12-minute period that he leave the aircraft. He was then in violation of 49 U.S. Code § 46504.
United then called law enforcement to remove him, as required by law. Chicago LEO’s asked/told him on multiple occasions that he had to leave a/c. That’s when he began his false cries that he had to be in surgery the next morning.
They then ordered him to leave one more time. LEOs then told him he was under arrest for repeated vio of 49 U.S. Code § 46504 and Illinois law (Failure to Obey...) and he would have to leave with them.
He refused to comply and passively then violently resisted that lawful arrest. LEOs then had to extract him from his seat and he fought them.
This is all confirmed in a new video that has now surfaced of the Dr. taken minutes before the previously released one.
Dao, who is seated next to the window, says to the officers standing in the aisle, “I won’t go. I’m a physician I have to work tomorrow, eight o’clock.” That has been proven to be a lie, as he no longer has surgical privileges, They were taken away by the state for his being a drug pusher to kids, and only very limited internal medicine privileges recently restored. , Even if he did have surgery, it is immaterial.
Dao who is on his cellphone, appears to say something about making a “lawsuit against United Airlines” but does not raise his voice until the officers continue to tell him he has to leave. “I am not going,” he repeats, while shaking his head.
The officer then suggests that he may have to “drag” Dao off. “Well, you can then drag me. I don’t go, I’m not going,” the doctor says again. “I’m staying right here.” “I’m just telling you, it’s going to be a lot harder for you,” Dao replies, “Yes, I know that, I’d rather go to jail.”
Cops simple defense, (besides Sovereign Immunity) “We told him what was going to happen, and he wanted it to happen so he could sue United Airlines. He chose what happened.”
Then the other video started.
The entire violence was caused by an arrested man actively resisting that arrest and removal from the a/c. Did Chicago LEO’s overreact? Possibly, but the blame is not UAL’s. It started when the pax refused multiple lawful orders, resisted arrest, and what happened subsequently was his fault.
There was no breach of contract. If there was one, he was the violator in failing to follow the lawful order of a flight crew member. There was a violation of Federal law, and if he pushes it, the airline’s lawyers will be pushing the FAA to impose a statutory $25,000 civil fine for interference with a flight crew member.... and possibly some jail time.... and he would have to pony up lawyers fees and ant fine before any possible damages from the airline would be received.... and airlines are VERY well represented. In addition, the necessity for his forced removal after his violation of the law would only increase the severity of HIS act, not lessen it, as would his reported reentry to the a/c.
Also, I wonder how many drinks are on his Amex (discoverable) charged just before the flight... and I’ll bet the flight crew and LEOs might just testify he smelled of alcohol.
A parallel example. Let’s say are stopped for 40 in a 30.
When running your license, the LEO gets a hit saying you have an open warrant from Spokane, Washington. He announces he is going to arrest you and take you to jail for that.
His information is wrong, and you know it, because you have never been within 500 miles of the State of Washington.
Regardless, you must submit to the arrest or face the physical and legal consequences for not doing do.
You later have good grounds for a civil suit, but that is for arguing later, not on the street, on in airline seat. If you resist, you can be charged and so serious time, regardless of the incorrectness of the “Spokane” charge.
This drug-pushing-on-kids doctor set himself up for what he got, because he wanted to sue United, and if Dao is ever foolish to take it to trial, that’s going to be the jury’s verdict.
What is your source for claiming this doctor pushed drugs on kids?
I don’t think you could be any more wrong.
“The airline has the right, for any nondiscriminatory purpose, to remove any pax from an a/c at any time the door is open. You may not like it, and there are rules for compensation, but that is the law, the filed tariffs and the Contract of Carriage”
No, as a point of fact they have to go by their own policy in their own contract.
He was not in violation of 49 U.S. Code 46504 as he was not “assaulting or intimidating a flight crew member or flight attendant of the aircraft,..”
Most excellent analysis. Thank you. The fake doctor broke the law.
The problem is that the internet loves to smear reputations, like kicking the dog after a rough day.
UA will be smeared for many months just as capital was smeared by Marxists in the past.
Reality: the fake doctor was unreasonable on many levels (rejecting suggestions, rejecting cash, rejecting upgrades, rejecting future tickets) and concluded that if they do me harm, then I shall do them harm. Two wrongs don’t make one right. Turning the other cheek usually works for the best.
I just saw you are in Florida. So am I. I live in St. Lucie County. So here is a shout out from a fellow Floridian. Have a Blessed Easter.