Yes, in court he can make this argument.
But is it really acceptable for a grown adult to be dragged off a plane? I don't want to live in a society like this, and I don't think the correct solution is to "never drag people off planes". We have a court system to resolve disputes and I think it is far better that whatever injustice people feel, it is resolved in the courts, not kicking and screaming.
I do agree that it is not acceptable for a grown adult to be dragged off a plane.
I think it's a straw man to say that don't "never drag people off planes" is one of the possible solutions. if he turns out to be within his rights, even if he didn't have a full understanding of the legality of his decision at the time, then I think he was right to resist being removed from the flight.
Saying that hypothetically he could have resolved it in court later, without being dragged off the plane is missing the point- I don't want to live in a society where it's acceptable to be dragged off a plane either, so let's not give united a pass on this situation just because it should be able to make similar actions in other (possibly legal) circumstances.
See I don't agree with this. Its an argument for vigilantism. The courts are the appropriate place for this to be disputed. Private property and law enforcement should be respected, especially on airplanes. This is how we uphold a civil society.
If a security guard is going to kick me out of somewhere because they think I am someone else, I am not going to physically resist even though they may be wrong. I will discuss it outside if there is a problem. Same applies to any situation. I can't see how it can ever benefit someone to physically resist something like this. It will always end up the same.
> so let's not give united a pass on this situation
I don't see what other option United had and don't see wrongdoing. The only thing this media firestorm does is set a precedent that if you are kicking and screaming you won't be bumped from a flight.
Even if he was in the right, when you are told to get off a plane, or leave a store, it is the right thing to do regardless of whether you were legally in the right. Encouraging people into physical confrontation does not create a nice society to live in.
Second, I agree that encouraging physical confrontation is a bad way to go. But you seem to pin the blame on the passenger, and that there's some inherent violence or threat of violence in voicing an intent to remain on the plane. To my mind the actors who created a physical altercation were the police officers and not the passenger. Surely at the very least the video shows a certain lack of restraint in removing someone from an airplane, given the circumstances. (there was no direct threat or indication of violence or criminal activity )
> I don't see what other option United had
To me their options are clear, persuade one passenger on the plane to get out, or lose whatever amount of money they were going to lose by not having that crew on their plane. If in fact Dr. Dao was not in violation of any law, (and united should have known this to begin with, it is their responsibility) then that is what this situation comes down to. Allow the state authorities to escalate the situation into a physical altercation or lose x amount of money. Seems clear to me.
You are arguing for the use of violent resistance to authority. If you disobey an authority what do you expect to happen? We have the right to peaceful protest, a democratic government, and a justice system. The only alternative I see is a violent confrontation with police which is not the society I want.
> To my mind the actors who created a physical altercation were the police officers and not the passenger.
You cannot disobey the police. The physical altercation was most definitely created by the passenger refusing police orders. I like US police because they get the job done. If this was Europe it would most certainly have been a different story. Plane would have been endlessly delayed, etc.
> To me their options are clear, persuade one passenger on the plane to get out, or lose whatever amount of money they were going to lose by not having that crew on their plane.
If you leave one passenger on the plane, you give reason for every other passenger to refuse. Then what do you do?
I would have given the same order to remove him from the plane with force, and I would expect this to be carried out like so. If there is some sort of mistake, it can be cleared up afterwards without inconveniencing everyone on the flight.
To argue against this is to argue that no one should ever be forcibly removed from anyone else's private property. The argument clearly does not hold across different scenarios. Follow the police's orders and leave someone else's private property when ordered to is a consistent message that makes it easy for everyone to avoid violence. Allowing everyone to live by their own interpretation of the law ends in more violence and regret.
Planes aren't trains, either. They can fly on any heading, with speed and distance dependent only on fuel supply.
"We're very sorry, but due to scheduling conflicts caused by a disruptive passenger, this aircraft will now be departing for Fargo, North Dakota, instead of Louisville, Kentucky, with earliest possible takeoff slot in six hours. Please deplane and form a line at the gate agent's desk to arrange for alternate transportation, or stay on this plane as it is pushed back from the gate for six hours, with no airflow, locked bathrooms, and no easy way to return to the terminal, and then go to Fargo, where you will get no compensation from the airline, nor any assistance getting to any other destination."
I'd get off "voluntarily". If that's the bluff, I definitely wouldn't want to call it. After I get off, the pilot says, "Psych!" and the original flight to Louisville is back on, and everyone at the gate gets back on the plane without me. If any cop was called at all, he gives me a complimentary cart ride back outside the secured area, and talks the whole way about that one time Sheriff Andy let him put his bullet in.
A plane doesn't have to take off on time. It doesn't have to take off at all. Once the airline decides it isn't taking off with you on the plane, you're just not going to be seeing any cloud tops from where you're currently sitting. At that point, it's only a matter of what it's going to cost to make you leave. And you have to rely on the company's assessment of what would be the cheapest way to do that. Hopefully, the rule of law is strong enough that "beat him up" is costlier than idling a whole plane on the tarmac for a few hours.
One cannot serve two masters. You cannot serve the public interest as police and a private interest as a security thug at the same time.
Following orders takes no guts. It takes guts to refuse to obey an unlawful order. The Nuremberg Principle still exists.
And flight plans can not only be changed and refiled on the ground, they can be altered in the air by talking to a control tower over the radio.
The correct solution in this case is that if an airline decides that they want to reclaim 4 seats that were sold to customers, that they figure out a way to get 4 people to voluntarily give up their seats. This was not the last plane out of Saigon. Likely a very small percentage of the flight would not leave the plane for any amount of money (family emergency, etc) and the rest would happily give up their seat for some amount of money. One person on that flight said they would give up their seat for $1500 and the employees laughed at him. For example, I imagine if they offered $10,000 that the vast majority of the plane would have raised their hands. Delta has increased their max offers to about that amount and I assume United will do the same.
>""We're very sorry, but due to scheduling conflicts caused by a disruptive passenger,
So someone who paid for something and doesn't want it taken away is now considered "disruptive"? If a landlord signs a lease with a tenant he can't just decide to kick the person out and use violence agains the "disruptive" tenant who wants the landlord to live up their side of the contract. The airline contract of carriage specifies reasons why someone might be denied transport, but wanting to reclaim your seat for use by their employee is not one of them.
The passenger is not actually disruptive in the traditional sense, but is disruptive to the way the airline wants to run itself. The passenger has no access to the announcement system to rebut the assertion, so the airline can paint them in as bad a light as they like.
Or did you think that airline employees did not routinely lie to passengers for their own convenience?
This is not really a matter of being grown up or not. This is about standing for something that one believes is their right.
I agree with you in that we have a court system to resolve disputes. What I don't agree with is that there should be "the chosen ones" in the society - in this case a big company - who can apply force instead of resolving dispute in the court.