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They're not going to fly with Southwest again. >> After what you call the aircraft, they're not going to let you fly. >> Put your bag back in. Don't put your back in. >> Put your bag down. >> All right. You're buckled. If you take that buckle off, anything happens on the ride over there, that is going to be on you. Okay. Do you understand? Take your hat off. All right. On November 19th, 2020, five airport officers were dispatched to a Southwest Airlines gate after a passenger refused to pay for alcohol consumed during a flight that had departed from Florida heading to California. The dispute centered on $18, the cost of two drinks. The subject a homeless man reloc and then started yelling at me and he came over. >> Um, no. Well, he tried to like people to stand up and I told him >> no, no, nothing like that or just doesn't want to pay. start. Okay. So, hey sir, we're going to walk up here and then we need to speak with you. Okay. Got an ID on you? >> Thank you so much. >> Hey, >> thank you. Thank you. Thank you. >> You can talk to us and see what happened. And uh we need something. Uh we can't find any. Okay. >> [ __ ] going on. >> We're just going to keep walking up and we're going to speak with you up here at the top. Okay. >> No problem. We're just going to speak right over here. Got your ID on you. >> Did you just drink on the plane? You failed to bring me out. >> Did you drink alcohol on the flight? >> Well, we were we were called cuz you failed to pay for two drinks. >> What was that? >> These are their bags. >> Yes. >> Okay. We're going to we're going to move out here so that way you can keep getting >> You had alcohol on the plane, correct? >> Not yet. >> And you didn't pay for that, correct? around. Alcohol is >> You can correct me if I'm wrong, sir. >> If it's alcohol is going to be extra on top of whatever is going to be covered, unless you have a coupon for it. >> We We'll walk out of here and speak. Okay. So, you're saying that you're flying with a program? >> From where? Okay. Who you flying? Who you flying with? What program? And did they tell you that alcohol was going to be covered? >> Um, how much have you had to drink today? >> Did you drink at the airport before you got on your plane? >> No. >> No. Did you just have the What did you drink on the plane? >> Tutonic. two tonics. Do you know what they actually had to drink? >> I can I can go and check. >> Yeah, if you just want to go check and give me a total >> um between the two of them. >> Between the two of them. Yeah. >> As I'm asking them to go verify what they what they owe. So if they're flying you out there, they're not going to cover alcohol costs. >> Yeah. We don't know that. I asked for the big activity and were on what I noticed. Of course, >> you didn't think you needed to pay >> cuz they asked what you wanted to drink. >> Let's do this. >> Okay. >> I said, >> "Do you want to go speak with them on that?" >> um >> Mlendon was talking to our flight attendant. Yeah. >> Um some statements. Can you check if you have any street with you? >> Sure. >> Do you have any way to pay for these drinks? >> Well, they can't. >> So, you ask me a question. >> Okay. >> They can't. Yeah. >> They were only people homeless. >> Okay. >> I am one of them. >> Okay. >> We came here and they came in who wanted to drink. >> They all take it. >> Okay. So that I'm asking, do you have a way to pay for the alcohol that you drank on the plane? Cuz it's not covered. >> Excuse. >> This doesn't cover your alcohol. >> I don't know that. And then they came to the one who wanted the last thing regardless. >> Okay. >> Me and her. >> So she's she's with you as well, >> right? >> Okay. We're getting the last whatever. >> You were just trying to have one last drink before you got there. >> That's it. >> I mean, it's really it's really not a big deal. >> The bill got started. >> Yeah. Yeah. >> Yeah. >> Yep. She came too. We bought it. They came. They got you down. That's what she do. >> Okay. Yeah. So, they're going to be speaking. They're speaking with the flight staff right now to figure out how we can resolve this. Okay. >> Right. >> And I know you already just you went through all this with this officer. You only had two drinks on the plane. Do you do you know where you are right now? Where are you? >> Smile question. What you ask? If you knew that you ask me that question, you answer already. Right. But >> where are you right now? Do you know >> where >> talking to you all? >> Yeah. Yeah. But what what city we in? >> It don't matter. >> It does matter for us. >> On a plane. I from Florida. Huh? I forget you. So, y'all got me out and talk to me. >> Okay. So, let's uh figure out what's going on with this tab and then uh hopefully we'll all be resolved and we'll all get going. >> So, y'all took your time off with a tab and a look. Really? >> Mhm. >> Oh, man. How much you >> uh I think it's $18. Like I said, this is really not a big deal. It's really not a big deal. >> $8. >> Yeah. Yeah. >> All right. Sir, you owe $18 cuz you didn't pay for the drinks. Are you willing to pay him? >> So, $18? >> Hm. I want I want >> I understand but if you're not going to pay they might charge you with different service because you received their service which is the alcohol they came down the line and ask who what? Of course I'm alcohol. >> My my question is clear. Are you willing to pay or not? >> I don't have it yet. >> You don't have the $18. Uh, okay. >> Ahead. >> Well, let me see if they're willing to prosecute. >> Under standard airline tariff rules, passengers are bound by ticket terms at purchase. Alcohol is categorically excluded from sponsored fair programs. Ignorance of policy does not eliminate legal liability. Intent, however, is a critical element in theft of service cases. Courts often distinguish between willful non-payment and genuine misunderstanding, a distinction directly relevant under Florida statute section 812.015. Officers confirmed the tab with flight crew and advised the subject of potential theft of service charges. A bystander then voluntarily stepped forward and offered to pay the $18 balance on the subject's behalf. Officers coordinated with Southwest Management to determine whether third-party payment would be accepted. This approach demonstrated sound deescalation judgment, resolving the financial dispute before pursuing enforcement action. Southwest accepted the payment. However, the airline exercised its right under 49 USC section 44,92 to deny the subject further boarding, a federal statute permitting carriers to refuse transport to disruptive passengers. The subject disputed the boarding denial and became increasingly agitated. The encounter shifted from a billing matter to a potential disorderly conduct situation under Florida Statute Section 877.0. 03 Florida Statute Section 877.03 requires conduct that corrupts public morals or causes public annoyance. Courts have held this statute must be narrowly construed to avoid conflicts with First Amendment protections for verbal expression. Officers issued repeated verbal commands to exit the gate area. The subject refused, asserting he would not leave without his wife. His physical resistance transformed a civil billing matter into a criminal arrest situation. Under Graham versus Connor, decided by the United States Supreme Court in 1989, force must be judged from a reasonable officer's perspective at the moment of decision, not with hindsight. Active resistance is a key factor in this analysis. >> Sir. >> Yes, sir. >> There is a passenger is willing to pay for him. Just came up. Do you want to do that? Another person. A different person. >> Different person. >> He's traveling. >> No, another person. >> Do they want to do that? >> That's up to you. >> Uh, let me I'm calling my boss right now. >> Okay. No, it's fine. >> Okay. >> There is a passenger that came up. He's willing to pay for him. I spoke with Southwest. They said they're going to see if they can accept that or not. >> Okay. >> The boss here calling his boss to see if they want to prosecute or accept that guy's money. >> Okay. See? >> Yeah. See us? >> No. There's a guy here in a turquoise shirt. >> Okay. I mean, if he if he wants to, I'm not going to stop him, but we're still going to he's still not going to be able. >> Yeah, we'll let him know in a minute. >> So, let me try and figure out um how we can >> How are you going to leave the airport? >> Do you have a ride? Someone picking you up? >> They had a flight to California from here. Oh yeah. Lieutenant Sergeant denied boarding with Southwest. You're not going to fly with Southwest again. >> But >> after what you called on aircraft, they're not going to let you fly. >> You know, we told you look funny. Mississippi. This is why. >> Let me tell you something. Okay. Flying is a privilege. It's not a right >> for who? >> For all the >> private money. Yes. >> They're going to refund you. They're not. >> Yeah. So, you miss the point. >> Mhm. >> I don't cons. >> But hey, there someone is willing to pay for your drinks. A passenger is willing to pay for your drinks. I've been >> So, this is what's going on. Someone is going to pay for your drinks right now. We're trying unless they're going to prosecute you. So why don't you >> Yeah, this isn't a service. If you use your if you use their uh service and you don't pay for it, it's you can go to jail for that. >> No, don't do you know you don't see no video on YouTube. >> Sir, I'm telling you what's going on. >> You sir, I heard you. I'll touch you. I'm not trying to talk. Thank you. Respectfully. >> Okay. >> Respectfully. >> Yes, sir. Go ahead. >> Attention all units. Please check your email for us. Linda, >> I think it looks like this gentleman just paid for your drinks. >> So, we can be sure to thank him. Now, we can resolve the issue with Southwest, bro. >> The issue with Southwest is you caused a scene on the plane. >> Yeah. Yeah. The crime that was committed in the scene that you see I'm out here. Yeah. Don't tell any more information. >> What did you have to say to me? >> I'll listen to heavy. >> What he was saying was the crime we're investigating was death services. >> Oh, crime. >> Yep. We were investigating. >> Are you serious? >> It's been resolved. >> Okay. So, now we're going to try and figure out how we're going to get you on your next flight out of here. Okay. >> That's my problem. Y'all go back. I have my own head over. >> So, as long as you're on property, if they don't say anything, >> okay, >> you this is private property. >> We're going to talk with him now, >> sir. Okay. So, let me clear this up with you. This is the Southwest manager. Okay. This is his flight. This is their company. He's the manager. So, whatever he say is the final. It's not up to discussion. And then it's up to you from there. >> Okay. Here >> for the t of service. >> You walked up to me. >> To him. >> Okay. Here you go. >> Sir, sir. >> I was talking. >> NO, YOU [ __ ] MY WIFE. IS SHE GOING for me? >> Is she not going? >> Is she not? I'm not going. >> She is going. >> She can go. If >> she wants to stay here, sir, excuse me, please. Okay. >> If you keep on going, probably going to have to go 10:15, >> but just just give him >> give him some time. >> Can document all that. AND Y'ALL SAID THAT [ __ ] ON EVERYBODY. >> He's causing fear right now. >> Okay then. >> You don't know how no pass on your plane. >> Hey, so is it denied boarding? >> Yep. >> He don't have any business to be here right now. >> See anything? >> Okay. >> Well, let's grab your things. You okay? >> Come on. Wait. Need you to grab your bags. We're going to start making our way up front. Okay. Lord nowhere to get my wife. >> She's flying out. >> Oh, no. She's not. >> Yeah. >> Okay. She can go with you. >> She can go with you. >> I know it. >> Then we can all walk up front. Okay. I think she wants to go. >> Ma'am, please. >> Can you ask her if she wants to stay with him or she fly out? >> I ask I answer her own question. >> I asked her she wants to go to needed phone numbers. >> Bro, back up your room. I'll get in your room. >> Grab your stuff. >> Okay. Hey, we got to go. We got to go. >> Hey, sir. >> Sir, back down. Put your bag back. Don't resist. Put your back down. Put your back down. >> Put your bag down. >> Sir, just listen. Don't resist. Just listen to them. Okay. Hey, don't stop. Don't Hey, don't do that. Don't do that. >> You don't want to go. >> Okay. Don't do that. Okay. We're going to go easy from here. You don't want to get hurt. Why you out here? Stop. Just Hey, STOP RESISTING. Stop resisting. Stop resisting. >> It's not going to be good, bro. Just stop resisting. >> We're doing good now. We all >> No, it's not going to be good. Hey, can can you ask her what bag is hers? >> All of them. >> All of them is hers. Okay. Stay with her. We have no problem with her. >> She's flying out, right? >> I believe so. >> She didn't cause any problem. >> She's ready. SHE'S GOOD TO GO. >> NO. NO. Get out. Get out. You know, >> I will fix the cuffs WHEN WE GET DOWNSTAIRS. >> I will fix the cuffs when we get downstairs. >> I get I got I got in step in or we'll force you in. Okay. >> I don't step in, bro. >> Okay. >> We're giving you a chance >> to stay in the car. Get in there. >> Go in the car. Buckle your body. All right. You're buckled. You take that buckle off. Anything happens on the ride over there, that is going to be on you. Okay. You understand? Take your hat off. All right. Officers applied handcuffs following active resistance. Force appeared proportional to the level of non-compliance encountered. The subject's wife, who did not participate, was correctly permitted to continue on her flight. During transport, the subject initially refused to enter the patrol vehicle. Officers issued a clear warning before physically assisting entry, consistent with use of force continuum protocol, requiring verbal warning before escalation. Southwest declined to pursue theft of service charges following third-party payment. The subject was charged with disorderly conduct and denied boarding. The incident concluded without serious physical injury to any party. Officers received a B+ for measured initial contact. pursuit of third-party resolution and proportional force. The subject received a C+. His physical resistance converted a resolvable dispute into a criminal matter. Lesson one, always confirm what expenses are covered by a sponsored travel program before ordering anything. A simple question to program administrators could have prevented this entire gate encounter. Lesson two. Physical resistance during a lawful escort significantly escalates legal exposure. Complying while verbally objecting preserves rights without converting a civil matter into a criminal charge. Lesson three, deescalation works. Officers pursuing third-party payment before arrest is a model approach. When the financial issue was resolved, enforcement shifted appropriately to the conduct issue alone. Lesson four. Private airlines hold refusal rights under federal law. A disruption at the gate, regardless of underlying cause, provides legally sufficient grounds for denial of boarding under 49 USC. Section 44,92. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.
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