Legal Question: Consequences for Airplane Shenanigans
This question was inspired by a text from my mom. She sent me this article from her personal favorite news source, TMZ. It’s about a woman who had a mental health episode on a plane and tried opening the door while the plane was in mid-flight. While reading that article, a link came up for a second article about a man who tried breaching the cockpit on a different flight. Great reading right before my first plane ride since the pandemic!
Some commenters on the videos expressed disgust that flight attendants had duct taped the woman or zip tied the man, especially if there were mental health concerns. Since the flight crew has the obligation to keep the plane safe, others were saying the crew did what they had to in order to ensure a safe landing for everyone else on board.
These two are not the only incidents. Since the beginning of the year, the FAA has received approximately 3,271 reports of unruly behavior by passengers. The agency identified potential violations in 540 cases and initiated enforcement action in 83 cases. During the same timeframe, the FAA has proposed more than $682,000 in fines against unruly passengers, as of July 6, 2021.
That got me thinking: What are the consequences for flipping out on a plane?
Here’s a free bit of legal advice, if you’re going on a plane – sit down, shut up, and do exactly what the crew tells you. The Federal Aviation Administration has recently implemented a zero-tolerance policy in punishing passenger behavior. That means they’re charging people for initial infractions without issuing warnings.
The FAA has also begun publicizing details of incidents, a departure from its previous norms, in an effort to shame passengers into compliance. Has it worked? Not so far. There have still been a huge increase in confiscated weapons at TSA security checkpoints and repeated incidents.
So what’s the worse that could happen if you go apeshit on a plane?
CONSEQUENCE 1 – GO TO JAIL, DO NOT COLLECT $200
Under to federal law (49 U.S.C. § 46504), if someone (1) assaults or intimidates a flight crew member or flight attendant, (2) interferes with the performance of their duties, or (3) lessens their ability to perform those duties, that person “shall be fined,” imprisoned for not more than 20 years, or both. However, if the person uses a dangerous weapon assaulting or intimidating the crew member, they “shall” be imprisoned for any term of years or for life.
CONSEQUENCE 2 – OK, FINE
In addition to criminal charges, the FAA can levy civil files. The administration’s recent press releases detail the fines along with breakdowns of what each person did. The most recent press release lists hefty fines for wild behavior. They include:
$21,500 fine for a man who refused to wear a face mask, drank alcohol that he brought on board, fought with the crew and other passengers, then punched the person next to him.
$17,000 fine for a man who refused to wear a face mask, talked on his phone during the safety demonstration, then got up and walked through the plane during landing.
$10,500 fine for a man who called 911 and reported that the flight attendant was being held a knifepoint and the plane was being hijacked. None of this was true. As the plane taxied back, he called the FBI and reported a bomb on board.
So far, there have not been announcements as to what is going to happen to the duct tape woman or zip tie man. The duct tape woman allegedly bit the flight attendant, so she’s probably going to be charged criminally, in addition to being fined. The zip tied man may be charged criminally since he fought the flight crew and interfered with the performance of their duties.
WHAT ABOUT AIR MARSHALS?
The TSA does not reveal how many air marshals are working at a given time or what flight routes they are on. Based on the high number of flights each day in the United States, it is safe to say there is no way for an air marshal to be on every single flight out there.
In fact, in a 2014 interview with John Casaretti, the then-current National President of the Air Marshal Association/CWA in USA Today, he said air marshals only “cover a very small percentage of commercial flights.” Super. In that same article, it states that air marshals are to get involved “only after a flight crew has exhausted its ability to handle a situation.”
DO THE PASSENGERS GET A TRIAL?
When someone is civilly fined, they don’t quite get a full trial. The process is slightly different. Since the FAA is a government agency, it has its own type of judges called Administrative Law Judges, or ALJs. Though it is not a full trial, the passengers will be able to hire an attorney and present evidence to tell their sides of the stories. The FAA will also present the evidence it has collected against the passengers. The judge will hear both sides then make a ruling. Just like a regular lawsuit, the ALJ’s decision can be appealed. If they lose, the passengers first appeal to the FAA Administrator, then on to the Federal Court of Appeals.
As for criminal charges, the U.S. Attorney (federal prosecutors) gets involved. This was true in the case of a Miami man who caused a disturbance during a flight on July 7. The FBI investigated the incident after two on-board air marshals subdued the man. After the investigation, the Department of Justice announced charges against the man on their website just a week later. If he does not reach a plea deal with the U.S. Attorney, he will go to trial in federal court where he faces a sentence of up to twenty years in federal prison.
Civil and criminal penalties aside, my recommendation is not to mess with flight attendants. Just this week, Business Insider reported they are receiving intensive self-defense training, including moves like “the double-ear slap, the eye-poke, and the groin-kick” intended to disarm unruly passengers who may be wielding sharp weapons. They’re also taught to use items on the plane to as weapons for self-defense.
Meanwhile, I’m flying out later this afternoon. I’ll be sure to pack my boxing gloves in my carry-on, just in case.
Thanks for sending that article to me, Mom!
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This piece first appeared in Sunday Morning Hot Tea. Subscribe so you don’t miss another piece.