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SouthWest Airlines - SouthWest Boot Sober Passenger
Complaint
Review by mzchioma on 2012-07-15
Rating: 
HOUSTON, TEXAS -- "Flight 657 (New Orleans to Houston) was delayed; there was about 15-20 minutes between departing 657 and boarding flight 3506 (the connecting flight to Philadelphia). The arriving/departing gates were in close proximity. I decided to use the bathroom and then, with my colleague, went to Buffalo Wild Wings for a beer, to go. The bar attendant put it into a clear plastic cup and we walked across to the boarding gate.
"I sat with my daughter and we both fiddled with our cell phones as they charged. I approached the counter to inquire if flight 3506 had been delayed and to verify that we were at the correct gate. Many passengers' gates were changed (last minute), and the personnel looked frustrated in dealing with the overcrowding and standby situations. I struggled to limp to the counter because of leg pain. When I approached the counter, [the Southwest Customer Service representative] stated that our flight would be boarding in 10 minutes, however I would not be allowed to fly. I actually thought she was joking.
"She stated that I was drunk. I asked her if she was kidding. I offered to recite the Gettysburg address or to say the alphabet backwards. She asked me if I was on any medication. I disclosed that the only medication I take was for ADHD. She remarked that that medication should not be mixed with alcohol ... She handed me a piece of paper with writing on it and instructed that I take it to the Hilton and that they would give me a room. She also questioned if I wanted her to call the cops. I responded that was exactly what I wanted her to do.
"When the police arrived he spoke with me and informed me that the airline reserves that right to refuse passengers. He also told me that he knew I wasn't drunk but could not give me a breathalyzer, as they are only used in traffic situations. I was advised by an observer that the situation was not fair and suggested that I go to the hospital for a toxicology report for proof of random mistreatment. The hospital personnel and hotel staff were equally in shock when learning of the situation. They were so embracing. They helped alleviate the distress of the situation."
Erinn says that she called Southwest, but was again told that the airline reserves the right to refuse passengers for boarding. She also received an automated e-mail response from Southwest saying that they are looking into the incident. She says that she feels "so dis-empowered; as a patron, customer, and a citizen. I just couldn't believe this mistreatment could be legal." She says she will never fly Southwest again.
"I sat with my daughter and we both fiddled with our cell phones as they charged. I approached the counter to inquire if flight 3506 had been delayed and to verify that we were at the correct gate. Many passengers' gates were changed (last minute), and the personnel looked frustrated in dealing with the overcrowding and standby situations. I struggled to limp to the counter because of leg pain. When I approached the counter, [the Southwest Customer Service representative] stated that our flight would be boarding in 10 minutes, however I would not be allowed to fly. I actually thought she was joking.
"She stated that I was drunk. I asked her if she was kidding. I offered to recite the Gettysburg address or to say the alphabet backwards. She asked me if I was on any medication. I disclosed that the only medication I take was for ADHD. She remarked that that medication should not be mixed with alcohol ... She handed me a piece of paper with writing on it and instructed that I take it to the Hilton and that they would give me a room. She also questioned if I wanted her to call the cops. I responded that was exactly what I wanted her to do.
"When the police arrived he spoke with me and informed me that the airline reserves that right to refuse passengers. He also told me that he knew I wasn't drunk but could not give me a breathalyzer, as they are only used in traffic situations. I was advised by an observer that the situation was not fair and suggested that I go to the hospital for a toxicology report for proof of random mistreatment. The hospital personnel and hotel staff were equally in shock when learning of the situation. They were so embracing. They helped alleviate the distress of the situation."
Erinn says that she called Southwest, but was again told that the airline reserves the right to refuse passengers for boarding. She also received an automated e-mail response from Southwest saying that they are looking into the incident. She says that she feels "so dis-empowered; as a patron, customer, and a citizen. I just couldn't believe this mistreatment could be legal." She says she will never fly Southwest again.
Comments:
Posted by Anna Molly on 2012-07-15:
Who is Erinn? Are you?
Ok...this kind of clears it up:
http://jezebel.com/5925581/southwest-kicks-allegedly-sober-passenger-off-flight-for-seeming-drunk
Ok...this kind of clears it up:
http://jezebel.com/5925581/southwest-kicks-allegedly-sober-passenger-off-flight-for-seeming-drunk
Posted by madconsumer on 2012-07-15:
i question why the passenger was allowed to take beer out of the bar. all the flights and airport bars i have been in, that has never been allowed.
this appears to be a copy and paste of the news story posted on jezabel.com.
this appears to be a copy and paste of the news story posted on jezabel.com.
Posted by trmn8r on 2012-07-15:
Everything I hear about Southwest makes me want to use them for my next flight.
It is the discretion of the staff to assess such situtations. The telling of this story at Jezebel (which is very one-sided) hints that this was done on purpose as a way of culling passengers from a packed flight - I find that very hard to believe. Word gets around that several people have been accused of intoxication that weren't, and it would reflect very poorly on the airline.
Between the first person and third person, it isn't clear at all who wrote this.
It is the discretion of the staff to assess such situtations. The telling of this story at Jezebel (which is very one-sided) hints that this was done on purpose as a way of culling passengers from a packed flight - I find that very hard to believe. Word gets around that several people have been accused of intoxication that weren't, and it would reflect very poorly on the airline.
Between the first person and third person, it isn't clear at all who wrote this.
Posted by jonthethird on 2012-07-15:
I fly SW often, have never had such a problem. When there has been a flight delay, they have worked to get me home within a reasonable time. I love SW: get aboard, sit down, eat the peanuts, and dont cause trouble :)
Posted by mzchioma on 2012-07-15:
There are many stories about Southwest and discrimination. Celebrities in particular: Billy Joe Armstong, Leisha Hailey, John Rich, to name a view. Seems like they would've flew another airline but the incidents are not confined to Southwest. Here's one of my favorite stories, so sad......
http://kenyonfarrow.com/2008/03/03/southwest-airlines-‘the-souls-of-white-folk’/
http://kenyonfarrow.com/2008/03/03/southwest-airlines-‘the-souls-of-white-folk’/
Posted by CowboyFan on 2012-07-16:
One cannot tell from the odor of alcohol, how much someone had to drink, when they drank, or what they drank, which means one beer recently drank can smell like a brewery. Here we have a person who smells of alcohol, who staggers (limps) to the counter. Also, everytime I have leg pain I have a tendency to shift my weight from leg to leg, which can be interpreted as swaying. Put that together with red eyes from getting up early or flying, and the OP could have appeared impaired. (Drinking in the waiting area probably is not a good thing to do either.)
The OP did nothing wrong, but the review is helpful because it shows the importance of not drinking alcohol, if one's physical condition can be interpreted to be impaired. The airlines actions seem over the top, but certainly this is something that can and did happen.
The OP did nothing wrong, but the review is helpful because it shows the importance of not drinking alcohol, if one's physical condition can be interpreted to be impaired. The airlines actions seem over the top, but certainly this is something that can and did happen.
Posted by Starlord on 2012-07-19:
The decision to prevent a passenger from boarding is totally left to ther discretion of the boarding agent and pilot. Anyone who has watched more than one episode of Airline, knows about this, as almost every episode has a passenger barred from flying due to alcohol use.
Posted by mzchioma on 2012-07-20:
I hate to be technical and I was advised not to respond, but I think people need to realize that Federal laws supersedes:
1. I was not similarly situated, in a pertinent way, to the claim of “drunkenness” asserted by Christine Moore, Southwest Airline representative.;
2. Southwest has, to the detriment of all of America, treated me (as well as others) in a manner that the other passenger(s) has/have not been treated similarly, and
3. that difference has caused embarrassment to my daughter and I significantly
The decision to deny my daughter and I to board was based on the fact that I was consuming an alcoholic beverage, it sounded as if I had “slurred” speech, and my gait was impaired. My answer to their claims, as supported by the toxicology report, is listed:
1. A drink in hand does not constitute drunkedness.
2. My accent and vernacular was construed as “slurred” language.
3. A leg disability was perceived as impaired due to inebriation, a fact not supported by the evidence.
4. Personnel made reference to the fact that a medication that I had taken should not be mixed with alcohol. This is not a true fact.
I believe, based on the facts, that the action of preventing my daughter and I was facially discriminatory, as based on the state of mind of the airline personnel and the conclusion of “drunkedness” based upon the broad facts admittedly delineated by the airline. I support that claim based on the following facts:
There was no reasonable inquiry of Southwest stewardess’ of the previous flight, or of bar attendant where I purchased the drink. Such inquiries would have been in the interest of Southwest and of the nation in promoting security by obtaining accurate facts and credible information. The decision of Southwest Personnel were simply based on irrational observations which were unreasonable.
An action is recognized as arbitrary and capricious when "it is unreasonable, without consideration, and in disregard of facts and circumstances of the case." Eads, supra(citingArlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)).
Arbitrary and capricious actions have been found to be closely related to ones that are unreasonable. State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996).
These facts establish that there was no legitimate reason to deny my family to board the plane,as offered in the interest national security or the safety of the other passengers on the flight. I dispute a risk of security as substantiated by the fact that I had just departed one flight approx. 20 minutes earlier without incident.
Every American is afforded the rights of 42 USC ss1981. It is in the interest of National security and the preservation of the civil rights act that there is a probe into the actions that occurred. Please assist me in helping to eradicate this social injustice.
1. I was not similarly situated, in a pertinent way, to the claim of “drunkenness” asserted by Christine Moore, Southwest Airline representative.;
2. Southwest has, to the detriment of all of America, treated me (as well as others) in a manner that the other passenger(s) has/have not been treated similarly, and
3. that difference has caused embarrassment to my daughter and I significantly
The decision to deny my daughter and I to board was based on the fact that I was consuming an alcoholic beverage, it sounded as if I had “slurred” speech, and my gait was impaired. My answer to their claims, as supported by the toxicology report, is listed:
1. A drink in hand does not constitute drunkedness.
2. My accent and vernacular was construed as “slurred” language.
3. A leg disability was perceived as impaired due to inebriation, a fact not supported by the evidence.
4. Personnel made reference to the fact that a medication that I had taken should not be mixed with alcohol. This is not a true fact.
I believe, based on the facts, that the action of preventing my daughter and I was facially discriminatory, as based on the state of mind of the airline personnel and the conclusion of “drunkedness” based upon the broad facts admittedly delineated by the airline. I support that claim based on the following facts:
There was no reasonable inquiry of Southwest stewardess’ of the previous flight, or of bar attendant where I purchased the drink. Such inquiries would have been in the interest of Southwest and of the nation in promoting security by obtaining accurate facts and credible information. The decision of Southwest Personnel were simply based on irrational observations which were unreasonable.
An action is recognized as arbitrary and capricious when "it is unreasonable, without consideration, and in disregard of facts and circumstances of the case." Eads, supra(citingArlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)).
Arbitrary and capricious actions have been found to be closely related to ones that are unreasonable. State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996).
These facts establish that there was no legitimate reason to deny my family to board the plane,as offered in the interest national security or the safety of the other passengers on the flight. I dispute a risk of security as substantiated by the fact that I had just departed one flight approx. 20 minutes earlier without incident.
Every American is afforded the rights of 42 USC ss1981. It is in the interest of National security and the preservation of the civil rights act that there is a probe into the actions that occurred. Please assist me in helping to eradicate this social injustice.
Posted by mzchioma on 2012-07-20:
https://www.facebook.com/IHateSouthwestAirlines
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