The U.S. Federal Aviation Administration is proposing a $52,500 fine against a passenger who brutally attacked a Delta Air Lines flight attendant. Is the fine too little, too much, or just right?
Delta Passenger Faces Stiff FAA Fine After Brutal Flight Attendant Attack
On December 23, 2020, a Delta Air Lines flight from Honolulu (HNL) to Seattle (SEA) ran into trouble after man:
- Tried to open the cockpit door
- Repeatedly refused to comply with crew members’ instructions
- Physically assaulted a flight attendant by striking him in the face and pushing him to the floor
- Threatened the flight attendant by charging at him as he was trying to restrain the passenger
- Flight attendants placed plastic handcuffs on the disruptive passenger
- Freed himself from one of the handcuffs and struck the flight attendant in the face a second time
Police met aircraft in Seattle and arrested the passenger. The FAA is now proposing a $52,500 fine.
I find myself of mixed opinion on the appropriateness of these fines. Frankly, $52,500 sounds like a slap on the wrist considering the nature of the passenger’s conduct. Should this fine be means-tested or if a guy can afford a trip from Honolulu to Seattle, he must be doing all right? What about jail time? Your gut reaction (mine too…) may be to let the guy rot in prison, but will that keep him from acting out again or simply waste taxpayer dollars?
I believe restitution to the flight attendant is the most appropriate path. He struck a flight attendant in the face, pushed him to the floor, threatened him, charged at him again, then wiggled out of his plastic handcuffs, then struck the flight attendant in the face again.
This is brutal stuff, folks.
When a British Airways crew was attacked by passengers under similar circumstances, a judge ordered the passengers to pay restitution directly to the flight attendants.
> Read More: Abusive Passengers Will Pay Fines To Flight Attendants
And yet I, speaking broadly as a taxpayer, don’t want to pay to lock him up. The guy may be a menace to society and danger to himself, but I’m willing to risk relapse by shaming him, fining him, and banning him from flying before placing him in prison.
The passenger should be grateful for the fine over prosecution. While I have some reservations about the ability of the FAA simply to fine a passenger without due process, in reality due process exists: this is a settlement offer to avoid prosecution. And I’m okay with that.
To some degree, all of this is a process of trial and error. These incidents, often related to either masks or alcohol, seem to be increasing in frequency. Finding the right public policy to stop this behavior may take some time.
CONCLUSION
As the FAA becomes more aggressive in fining passengers for poor behavior onboard, I hope the fines and publicity surrounding them will act as a powerful deterrent to acting poorly onboard aircraft. I don’t know what went through the mind of this passenger, if anything at all, before his brutal attack, but using the right tools to punish him and discourage copycats is hardly an easy process.
image: Ian Abbott
The facts haven’t been completely released, such as how badly the FA was struck. However, assuming an “average” punch twice to me, $50,000 would be low. On the other hand, a $50,000 fine is quite a steep fine is I had to pay it. To counter that, the IRS routinely forces people to pay $50,000/year in estimated taxes.
Legal fees are sometimes used as a weapon. I know of cases that the deciding factor was the projected amount of legal fees.
I was reading the other story about Jet Blue opening lounges. Do airports really have enough unused space for all of the lounges companies want to have? (Excluding the virus slow down) We had Amex trying to expand their lounges pre-virus.
From what I see as a casual observer it seems like most airports are space challenged. I know BWI just had some ceremony yesterday where they were celebrating adding more space to the airport.
Just curious.
wearing masks causes latent emotions to come out…
afford a flight to Hawaii…flights are cheap.
Seems to me that the penalty isn’t enough. Endangering the aircraft by trying to get into the cockpit and assault ought to have some jail time attached to it – and a fine more like $100,000.
SB some jail time.
I think these fines should be in the contract for carriage and specified as such openly on every reservation.
That way they have already agreed that they know about these fines should they exhibit ridiculous behavior before they even step onto the aircraft!
“…The guy may be a menace to society and danger to himself, but I’m willing to risk relapse by shaming him, fining him, and banning him from flying before placing him in prison…”
You are willing to risk relapse… but tell that to the person he “relapses” with.
Shaming him ain’t going to do squat. He already proved he doesn’t care. Fines? Definitely. Ban him from flying? Of course!
I’m with you Matt…let him rot in jail AND pay a hefty fine AND he’s banned from flying. Endangering an entire plane of people is big deal…not to mention the assault on the flight attendants. This person needs to go away, and pay up.
How about he is banned from ever flying on any plane ever again? That might wake people up. Like Mr. Kline said, this problem is getting worse! Oh, and plus jail time. This is an assault case, that is never ok.
I think he should get the same amount of jail time if he had done the same thing on the ground, plus a fine.
Should look at typical jail time for assault + pay the victim. I’m thinking 6 mos to a year (https://www.criminaldefenselawyer.com/crime-penalties/federal/Aggravated-Assault.htm)
The fine and 6 months jail time.
Taxpayers are paying too much for prisons. Let’s start enforcing quarantine type house arrest. Cheaper to make them pay for their own food and avoid escalating costs. Put then in a monitored ankle bracelet and double the consequences for every infraction. PLUS the fine and it should go to the Flight Attendant.