On November 22, 2014, my wife and I were catching a connecting flight on United from LAX to Carlsbad, CA.
Prior to boarding we heard an announcement seeking 3 volunteers to take another flight. There was no reason given.
Next, an announcement was made for my wife and I to come to the counter. At that time we were informed that due to “weight restrictions” we would be “involuntarily denied boarding.” We asked several times for an explanation, however, 3 different agents kept saying it was policy and that is the way it is done. My wife weighs about 120 and I weigh about 167 so we could not understand their logic. We were then told that wasn’t the determining factor.
We were then told we would have to go on another flight to either San Diego (35 miles from our home) or Carlsbad some 3-4 hours later. We were also told to go sit until they were ready to process us.
While we were sitting off to the side a stand by passenger came and asked if he was going to be allowed to board. They readily showed him through. After the stand by passenger boarded my wife was allowed to board. I should have been able to board before the stand by.
I have read the policy that they handed me that states, “Passengers who are “Qualified individuals with Disabilities…….will be the last to be involuntarily denied boarding.” I am a 60% disabled veteran. Therefore, I believe I have been discriminated against based on color (brown), national origin (Hispanic), age (63), and disability.
You should talk to a civil rights attorney in California. Before doing so, you should consider what your damages are. If your damages are not significant, it might not make sense to pursue your case.
I agree with Mr. Williams. If your damages are not extensive, the claim is not worth pursuing.
You are diagnosing by deduction -- always a weak strategy when it comes to claims of unlawful discrimination. What evidence are you relying on in believing that your ethnicity was a factor here? And unless you were identified when booking or checking in as a passenger who needed assistance or accommodation for disabilities, your disability rating through the VA is meaningless in this circumstance.
It is obvious that something significant is missing from this recounting of events. We cannot provide or reconstruct the missing facts, but the fact of missing facts is un mistakable. On the evidence of this post standing alone, these facts will not support any claim or action for unlawful discrimination.
And there are no issues here pertaining to Personal Injury.
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I don't think they meant YOUR weight, I think they meant the plane would be too heavy if everyone flew, and you and your wife were the unlucky people who would have to take a different flight.
This sounds like not much of anything to me in terms of a lawsuit. Call the airline and ask for a free flight or a refund for your inconvenience.
You should post this in the discrimination section heading to get answers from attys who practice in that area.
Thank you for your service to my country, however, don't see any facts supporting discrimination. Perhaps if you write the airlines they may send you a free voucher or two.
Sounds more like bad luck than discrimination, unless additional facts come to light. Assuming that "involuntarily denied boarding" equates to being asked to disboard once already on the plane, you might be correct that you were discriminated against as a disabled individual IF they were aware of your disability. In that scenario, you should not have been the first family chosen to get off the plane. However, it is unclear whether anyone had knowledge of your disability or whether you made that argument at the time. Focus on the disability factor here - listing additional possible reasons for discrimination specific to you is presumptuous and not grounded in fact.
Discrimination occurs when you are pointed out from being different. I am sure you and those allowed inboard had similarities and thus does not seem to be a discrimination case.
I had a delay and the airline gave me free flight and 125 dollars so I would pursue that avenue
I agree with the analysis of discrimination; however further facts are needed. Even though the damages may not be substantial, in California, the Unruh Civil Rights Act provides for a minimum of $4,000 in damages. Furthermore, a successful Unruh claim provides for attorney's fees to compensate an attorney who would take a case with minimal damages. Therefore, one should seek consultation with an experienced civil rights attorney in California.
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