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Home  >  Law In Travel  >  Anti-Maskers Face Heavy Fines For Assaulting Flight Attendants
Law In Travel

Anti-Maskers Face Heavy Fines For Assaulting Flight Attendants

Matthew Klint Posted onDecember 19, 2020December 19, 2020 11 Comments

You might have mistakenly thought that if you assault a flight attendant an airline can only come after you in a civil case. That is not correct. Two anti-maskers now face fines from the Federal Aviation Administration for their poor behavior onboard.

Anti-Maskers Face Steep Fines After Flight Attendant Assault


Case #1: Allegiant Passenger Hits, Then Grabs Phone From Flight Attendant

As the FAA describes it:

In August 2020, a passenger on an Allegiant Air flight from Clearwater, Florida, to Mascoutah, Illinois, repeatedly screamed obscenities at and hit a flight attendant, and grabbed the phone from the flight attendant while he was speaking with the captain about the passenger’s behavior over a face-covering dispute.

The flight diverted and the passenger was offloaded.

Assault is putting another person in reasonable apprehension of an imminent harmful or offensive contact. Battery is unconsented physical contact with another person, even where the contact is not violent but merely menacing or offensive.

I’d say the passenger is guilty of both assault and battery here.

In response, the FAA has proposed a $15,000 fine.


Case #2: United Express Passenger Removes Masks, Hassles Other Passengers, Grabs Buttocks of Flight Attendant

As the FAA describes it:

Also in August 2020, a passenger on a SkyWest Airlines flight from Atlanta, Georgia, to Chicago, Illinois, removed their face covering, continually bothered other passengers and, at one point, grabbed a flight attendant’s buttock as she walked by the passenger’s row of seats, the FAA alleges.

In response, the FAA has proposed a $7,500 fine.


The Root Of The Fines

Note the passengers are not being fined for their refusal to wear masks, but for their poor behavior that followed their refusal to wear masks.

Even so, the common nucleus in both cases is the anti-mask sentiment of both passengers. It is conceivable that even if the assault and battery did not occur, a fine might still have applied. That’s because of the 49 USC 46504 provides a broader prohibition against interfering with or intimidating crew members:

An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.

We are not that test yet, though it is conceivable that even without a national mask mandate you could be fined for simply not wearing your mask and thereby forcing a diversion.


CONCLUSION

I’m glad to see the FAA step in to punish those two inconsiderate louts who forced diversion and assaulted flight attendants. But thee FAA intervention is a reminder of its statutory authority to intervene even absent assault or battery.

Should such anti-maskers flight attendant assault be punished even more severely?

(H/T: View from the Wing // image: Allegiant)

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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11 Comments

  1. pho tastee Reply
    December 19, 2020 at 1:05 pm

    and who do we have to thank for all these anti maskers? assaults, threats, Racism, and who knows what else.

  2. WR2 Reply
    December 19, 2020 at 2:42 pm

    Another in a long line of divisive virtue signalling posts. Everyone faces heavy fines for assaulting a flight attendant. In any case, what % of FA assaults are mask related? I’m guessing only the very few that get publicized. The vast majority are probably either alcohol related or low class spirit air style thuggery.

    Your mask political theater is really sad. If masks were such the panacea while flying, why is it ok to take them off during eating and drinking? Is the virus not spreading then?

    I’m not an anti masker, I wear one when I go into a store or on a plane, but walking my dog by myself? Driving by myself? Working out by myself? Only mindless sheep wear masks in these situations. Non compliance in planes is not why the virus is spreading. It’s people that gather in large groups for a sustained period of time, like Gavin Newsom, Cuomo, BLM/antifa, and all the other hypocrites.

    • Matthew Klint Reply
      December 19, 2020 at 3:48 pm

      The sad thing about this is that these two made fools of themselves over something as stupid as wearing masks. Totally unnecessary. That’s why that particular fact is noteworthy.

    • UA-NYC Reply
      December 19, 2020 at 8:35 pm

      Or, you know, ineffective / non-existent leadership at the national level for 9 months by an administration you so clearly worship…you clearly aren’t taking the loss so well

    • 747always Reply
      December 20, 2020 at 2:11 am

      Yeah. You’re not an anti masker. You’re merely a priti fascist who hopes to be able to grab women in their privates like your dear leader.
      As to mindless sheep, that’s an apt description for you. After all you follow your dear leader mindlessly.

      • 747always Reply
        December 20, 2020 at 2:25 am

        *proto fascist*

    • DCA Will Always Be "National" Reply
      December 20, 2020 at 5:58 pm

      You should be aware that the moment you trot out a term like “mindless sheep” you’ve already nullified your argument through pitiful ad hominem attacks which are never an effective polemic. Plus, it makes you sound like an idiot. Additionally, your anecdotal evidence against that of thousand of scientists also makes you look, well, ignorant as hell. In the future, maybe stick to facts instead of silly ranting – or just stay off the big, scary internet altogether. That’s really good advice; you should heed it.

  3. Debit Reply
    December 19, 2020 at 5:16 pm

    Really sad. This trump pandemic caused by the china virus is making people behave badly.

    Hope this trump pandemic ends soon.

  4. derek Reply
    December 19, 2020 at 10:51 pm

    Should such anti-maskers flight attendant assault be punished even more severely?

    A drawback of that would be that FAs would then be in a protected class that is afforded far more protection than bus drivers, doctors, cashiers, accountants, writers, etc. It would get into their fat FA heads – – “I am a crew member, bow down to me you enemy passengers!”. So no, not more severely than others but those who commit assault should be punished.

    • Matthew Klint Reply
      December 19, 2020 at 11:06 pm

      My answer is no to your first question.

  5. Paolo Reply
    December 20, 2020 at 4:41 am

    The proposed fines are pathetically inadequate. The only appropriate penalty for such offences is prison. 12 months.

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