Southwest Airlines kicked off a young disabled man for not wearing a mask despite federal law on his side, proof of vaccination, and a negative COVID-19 test.
Southwest Removes Disabled Passengers For Mask Violation
Bryan Crislip and his mother planned to fly from Chicago Midway to Los Angeles on Monday on Southwest Airlines. Bryan, 22, is developmentally disabled and functions at the level of a two-year-old according to WGN-9, which interviewed the family.
Under the new federal mask mandate and a corresponding TSA Security Directive, the following circumstances constitute exemptions to the rule that all passengers two years of age and over wear a mask:
- Those who do not understand how to wear or remove the mask due to cognitive impairment
- Cannot wear or remove a mask on their own due to dexterity/mobility impairments
- Cannot communicate promptly to ask someone else to remove the mask due to speech impairments or language disorders.
Only one need apply, but all three applied here.
While Bryan had no trouble navigating through the airport, security, and gate area without a mask, after he boarded a flight attendant demanded that one be placed on him.
Arriving prepared, his mother, Cheri Fleming, noted:
“We had two doctors’ letters, a negative COVID test, we have proof of his two COVID vaccines. Gave everything they needed and it still wasn’t good enough still.”
Bryan was removed, even though the flight had 40 open seats (creating an opportunity to distance him from others).
In addition to the humiliation of being booted off a flight, the family was made to feel like second class citizens for matters beyond their control when federal rules were on their side.
Southwest Airlines Responds
Southwest Airlines issued an extensive statement on the incident, noting that “federal law” requires all passenger wear a mask. It later noted that there is now a disabilities exception but that Southwest is not yet prepared to implement it:
While we regret any inconvenience this family experienced while traveling, federal law requires each person, 2 years of age and older, to wear a mask at all times throughout the flight, including during boarding and deplaning. Refusing to wear a mask is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or penalties under federal law.
Southwest communicates the face covering policy to all Customers at multiple touchpoints throughout the travel journey, including: during booking, in a pre-trip email sent prior to departure, and during a required acknowledgement that is part of the Customer Health Declaration Form and appears during the check-in process on the Southwest app, Southwest.com, Southwest’s mobile website, and airport kiosks.
Per the federal mask mandate, there is now a narrow exception for specific types of disabilities that prevent a person from wearing a mask, and Southwest recently announced the airline’s process for evaluating Customer requests to travel with an exemption. Beginning March 14, 2021, Southwest Airlines will consider applications for exemptions from this mask requirement from Passengers with a disability who cannot wear a mask, or who cannot safely wear a mask because of the disability and are traveling March 21, 2021 or later. However, this exemption requires an application and documentation to be submitted prior to travel (a Customer cannot simply show up at the airport with documentation) and was not, yet, in place when this family traveled.
As always, we appreciate the spirit of compliance to the federal mask mandate and the ongoing cooperation among our Customers and Employees as we work collectively to support the comfort and wellbeing of all who travel with us.
As if that wasn’t enough, Southwest followed up with another statement after telling WGN-9 TV that disabled travelers who cannot wear a mask should avoid Southwest Airlines for now.
As part of our Southwest Promise, Southwest has had a mask mandate since May 2020, and there have been no exemptions, except for children under the age of 2 years of age. Now, as part of the federal mask mandate, beginning March 14, 2021, Southwest Airlines will consider applications for exemptions from this mask requirement from Passengers with a disability who cannot wear a mask, or who cannot safely wear a mask because of the disability and are traveling March 21, 2021 or later.
Our records indicate the Customer was reminded to wear a mask. As a gesture of support, Southwest Employees worked with the Customer, but, ultimately, as a last resort, had to deny travel before departure when the Customer could not comply with the mask mandate.
Thanks for allowing us to provide these details. The Southwest Team works diligently each day to serve our Customers with Southwest Heart while providing world-class hospitality – which is especially important during the ongoing pandemic.
The family certainly questions whether throwing a disabled passenger off a flight constitutes “world-class hospitality.”
My Thoughts On This Incident
When I voiced opposition to the new federal mask mandate, it was not because I wanted Bryan to stay home. Quite the contrary, I believe reasonable exemptions for young children and disabled passengers are not only reasonable, but necessary.
I spoke to Julie Eberhardt, a friend who was traveling with them to Los Angeles and had arranged the tickets and sensed the pain that came from this incident and Southwest’s pathetic response. Of course, kicking off Bryan meant that Julie and Cheri also had to leave.
My concern with the new mask mandate was the potential abuse: that anyone determined enough could get a doctor’s note to excuse themselves from wearing a mask.
But that is not the case here. Watch the video above. Here, we have a young man who clearly cannot keep a mask on. This isn’t a political statement, nor is it a game. This is life for Bryan and we would do well, as a society, to bring dignity to him by not disgracing and embarrassing him and his family over a mask, especially when he had a fresh negative test and proof of vaccination.
CONCLUSION
This is a very sad incident and I don’t think the “we’re not ready yet” excuse from Southwest Airlines is valid. The family is owed an apology, not a ridiculously lengthy statement which seeks to twist the situation to justify Southwest’s actions.
image: provided by family
Well said Matthew!
Clickbait title. Really done with this. Move on
Truth hurts, Anthony? There’s not even an exaggeration in the title…
On the case above I agree 100% with the family but only because she had many proofs that the kids was not with Covid. Now, I have a problem with mask exemptions for passengers that are disabled but cannot show any proof of a negative Covid test or vaccinations. While I totally understand the challenge in having them wearing masks what I don’t understand is why they have an exemption as they could still be positive for Covid. The point here is that the fact a disable person cannot wear a mask does not mean this person has no Covid which really challenges the fact that everyone else has to comply with the mask mandate to avoid being infected. It iso a tricky one.
So Southwest chooses to comply with the federal law but not with its exemptions? I’d like your lawyerly opinion here, can an airline implement parts of the federal law into its policy but intentionally carve out other parts?
I flew last night and the guy across the aisle from me was triple masked. Surgical on the bottom, then an N95, followed by a bandana or wrap on top. What is the point of this?
No, they cannot pick and choose what they want to follow. They are totally at fault here.
Southwest’s approach does not work. The new mandate does not allow a carrier to set stricter restrictions, such as blocking disabled passengers from traveling; it forces airlines to make accommodation for those who truly cannot keep a mask on.
So how does disability preclude one from transmitting COVID?
I guess the real test for Matthew, if he truly believes the kid doesn’t have COVID, is to live with the kid in close proximity for a few days. If Matthew isn’t willing to do that then I guess Matthew doesn’t truly believe the kid doesn’t have COVID.
I’m happy to do that. My wife works in a COVID-19 unit and deals with sick patients all day…then comes homes and sleeps next to me. I’m not concerned.
@James: “So how does disability preclude one from transmitting COVID?” That is exactly my point. I totally get the disability part as very challenging for the person to wear a mask but at the same time a person with disability could be infected and still fly without a mask. How about all the other passengers on the plane?
We have many decisions and tradeoffs in society. Sometimes the easier road is not the best road. Take the ACA and ADA, for example. A pain in the neck for so few people. But what is the alternative? Rob them of dignity as humans and equal protection as Americans? Protecting against COVID-19 is a good, but letting a disabled man fly who cannot physically keep a mask on (and has been vaccinated and tested negative the day before) serves a great good. I’d argue the same is true with children.
A faceshield would have some protection to others to slow some aerosolized saliva and should be considered.
I still have the overriding question – which a lot of travel sites seem to avoid lately – “is your travel really necessary given this is the environment you will be paying to be in?”
Reading this, the answer is no.
I’m still glad Matthew can fly AA in Business LHR-JFK-LAX with his family and have a good experience. But I cant leave the UK, nor enter the US.
But reading this, even if i had the ability/reason to travel the answer is still no.
As a society we have collectively abandoned protecting our children from the failures of adults. In no place should a young child or a person with a disability be forced to make adults *feel better* by wearing a mask. In fact, the ‘science’ largely shows children are tremendously low risk of transmission and nearly no risk for severe disease. The ECDC has contended, “However, school outbreaks have not been a prominent feature in the COVID-19 pandemic.” At a certain point society needs to stand up and realize this is too much! If you are truly deeply that afraid of COVID, that is your right, but don’t fly and dont stay at a hotel and dont fo out to dinner and dont do anything you dont want to- there are alternative means of transportation that provide a far far higher degree of statistical safety from COVID than a mask (as in your own car on the road). Everyone needs to get a damn grip. If you are walking somewhere and see a young child with a mask on, uncomfortable, fiddling with it, and nowhere near the level of cognitive awareness to understand the world around them- the only emotion should be abject frustration not perverse excitement at the collective covering of children’s faces.
We should all consider committing suicide to protect us from this horribly lethal virus. With a 99% survival rate idk how our country will ever get through this. We should just quit and give up on humanity. Maybe communism is the cure? Some would point to the “vaccine” but if this doesn’t give you immunity THEN IT IS A MEDICAL TREATMENT. Let’s hope the government will protect us and keep us safe from effective treatments like HCQ.
Southwest and all the other airlines don’t care about our opinions because the government will bail them out repeatedly.
If you don’t see what the government is doing to us you should be ashamed of yourself.
@Will: the person on the article is 22 yo. Not really a children.
@Matthew: you missed the point. It makes all other people on the plane to question why they need to wear masks. I get all you said BUT it is about the mask. We are being told that masks will protect against Covid. There is a mandate to wear one. We all know Covid does not choose the person by being disable vs not. The point here is that a person that is 22 yo could be carrying the virus and infect other people. Disabled or not.
But with a fresh negative test plus a vaccine plus the ability to social distance onboard, how likely is that? Rules must never overrule when faced with another rule (disabled people should not be told they are unable to fly) – and I believe we are given the discernment to make those judgments and carefully distinguish situations that come before us.
For the record, I am happy to continue to wear masks onboard airplanes, but I hope we reach a point where those who have been vaccinated and test negative prior to travel no longer have to.
The fresh negative test and vaccine was in this specific case. We all know that is not mandatory for anyone with a disability to show a fresh negative Covid test and/or have a proof of vaccination to just not wear a mask on a plane. That is where I have an issue. I could not agree more that a disabled adult with a negative Covid test or proof of vaccine should be allowed to fly without wearing a mask. Now, without those proofs the rules should be the same for all adults no matter if disabled or not since Covid does not choose who gets infected.
Not Southwest’s finest day. Herb Kelleher is rolling in his grave, again.
Scandalous and disgraceful. The morons running this airline should be fired : they have shown themselves to be incapable of applying any measure of common sense. This is not rocket science. Basically, “if you don’t like it, go elsewhere”….pathetic and clueless.
Withhold any future government assistance from WN. Also, slap a very punitive fine on them for violating the executive order, just as would occur if a passenger did so. If they go BK, too bad! They deserve it
Thank you so much for sharing my son’s story Mr. Klint
Thank you for sharing. Matthew. Very disappointed by Southwest Airlines. Terrible handling of a delicate situation with an insensitive institutional response. Traveling with a disabled individual requires compassion and flexibility, both of which are sadly lacking in this, and, unfortunately other cases. Hiding behind laws and rules to do something that is ultimately cruel and wrong is cowardly.
What’s the point of having rules then? Just because you think we should have the laxity of change them for your own bias circumstance? It doesn’t work that way in civil society.
Southwest followed the Federal mandate. There are no exceptions for having been vaccinated either. It’s irrelevant that he tested negative for Covid-19. There is still no proof that vaccinated individuals cannot continue to be carrier and infect other people. That’s why masks are still required.
What you’re asking is that this individuals “rights” are more important than the collective passengers and crew on the plane. Sorry it doesn’t work that way.
While I’m sympathetic to this boy’s plight, the fault lies with the parents. After a year of mask wearing, if you know your disabled child can’t wear a mask for a few hours on a plane, a mature person would a) decide not to fly, b) call the airline ahead of time and discuss the situation and get documentation on the decision.
But we live in a society that somebody else is always to blame and then makes a spectacle of it on TV and social media.
And once again you leave out some very salient points regarding exceptions for people with disabilities. The actual text from the DOT website you linked is posted below, in it’s entirety. Please note the last paragraph you omitted. It clearly says a “narrow” exception for disabilities, which are related to their disabilities. I don’t know if that’s true in this case since a lawyer/judge might have to make that determination.
The CDC Order exempts the following categories of persons:
A child under the age of 2 years;
A person with a disability who cannot wear a mask, or cannot safely wear a mask, because of the disability as defined by the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.); and
A person for whom wearing a mask would create a risk to workplace health, safety, or job duty as determined by the relevant workplace safety guidelines or federal regulations.
The exemption for a person with a disability is a narrow exception that includes a person with a disability who cannot wear a mask for reasons related to the disability. CDC will issue additional guidance regarding persons who cannot wear a mask under this exemption here.
I included these…
Show me where the last paragraph is shown that doesn’t require going to the link?
You left it out since it doesn’t fit the narrative.
I really don’t understand how the last paragraph does not “fit my narrative.” Can you explain?
“The exemption for a person with a disability is a narrow exception that includes a person with a disability who cannot wear a mask for reasons related to the disability. CDC will issue additional guidance regarding persons who cannot wear a mask under this exemption here.”
Read the first sentence. Having a disability is not a blanket exemption. The DOT says it is a “narrow” exception.
This was not included in your commentary. Yet you stated multiple times having a disability is a valid exemption. It is not.
Pretty sure there are roads from Chicago to Los Angeles. The family could have driven if travel was essential. If not, they shouldn’t be traveling during a PANDEMIC anyway.
@wrp8e
WN did NOT follow the mandate. There is a federal exemption for the disabled. You are misinformed on this aspect
@Derek,
Someone has a reading comprehension issue.
Clearly quoting it again won’t cure stupid.
Mask zealots, like Wpr8e, are just as much a problem as those idiots who refuse to wear a mask because of “muh freedom!”
What ever happened to some basic common sense? Extremists on both sides of the debate are not helping anything.
Matthew has one of the most reasonable stances on masks
As an gate agent at one of the big 3, we all have the same rules. If you are in the exempt category for masks you MUST call in to register maximum 3 days prior to departure and submit doctors note on stationary with doctoes license on it, proof of Covid test etc to be cleared for no mask. The you are seated in the LAST row with a seat blocked next to you.
Thems the rules. Like it or lump it. Its not about just you there are mob mentalities now on flights and it takes one to start up with why can he not wear one, I don’t feel safe, etc.
Nunya explains American Airline’s procedures.
In this case, WN had no procedure for allowing exemptions. Even though this passenger went far beyond what AA requires. Not only did they test negative, the passenger is also fully vaccinated and proof was provided as such. There was next to no chance he was going to spread the virus
This was simply WN making up their own rules in violation of the executive order
What an awful new world. WN is out Frontiering Frontier and out Spiriting Spirit and choosing the Max over the A220 is bad news for any customer with arms and legs or a desire not to fly on an airliner built by a management and culture of greedy murderers.
WAKE up PEOPLE! You are being PLAYED! Really? people have close t a 98% survival rate if one gets this covid. Keep in mind to, its really not a disease called covid19.. It’s a corona virus…. the covid19 stands for certificate of vaccinaion 2019.. (the year when this thing came out… The end game is the EVIL people want everyone to get a vaccine with whatever type of crap is in it.. They don’t care if it kills you, makes you infertile…changes your DNA.. they don’t care.. all thy want is control…WAKE UP!!! There is NO NEED for a mask or vaccine with that high of a survival rate and people that believe there is a need…for this crap, wake up….not to mention that all these airline should be sued for civil right violations, discrimination.. Businesses are suppose to treat everyone equal.. I would sue…
Just noticed how old this article is. Oh well. Perhaps you addressed this, but I stopped reading. My first thought: Why didn’t the mother just get the kid to wear a mask for a few minutes while the plane took off?