Airlines may turn away potential passengers, or even remove passengers from a flight, where those passengers might pose some danger to the safety of the flight.1 However, an air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.2

To determine whether an airline properly exercises it power to refuse passage, the court looks to the facts and circumstances of the specific case as known to the airline at the time it forms its opinion and makes it decision. The court also determines whether the opinion and decision are rational and reasonable and not capricious or arbitrary in light of the facts and circumstances.3 Further, the court is not to look to facts later disclosed in hindsight.4

A specific example of proper removal involved Saudi Arabian passengers who disobeyed the flight attendant’s instructions, changed seats without permission, entered the first class area, walked toward the cockpit and allegedly touched the cockpit door. In addition, one passenger appeared anxious when he asked about the flight and whether that airplane would be the one traveling to Washington D.C. The court held that the airline, pilots and attendance were entitled to immunity from the passenger’s Civil Rights Claims.5

Another example of a valid passenger removal involved a passenger who interfered with the flight attendant, distracted her from safety-related duties, and refused to comply with instructions relating to stowing carry-on baggage. There the court held that the pilot did not have to investigate, but could rely on the flight crew’s reports in determining whe-ther to remove the passenger from the flight.6

By way of comparison, in Cordero,7 the Court addressed a passenger circulating a petition complaining of an unplanned stop, who was refused re-boarding. There, the court held that the jury must determine whether the airline acted reasonably under the facts and circumstances.

As you can see, the courts have granted substantial discretion to the airlines and their pilots to determine who constitutes a threat to the safety of the flight. However, this power is also limited by federal law.