Passenger With Saggy Pants Kicked Off Aircraft And Arrested Files Lawsuit

Home

Medical Factors Facing Pilots

Aviation Stories Of Interest

FAA Exam

Aviation News

Maintenance and Aircraft Mechanics

General Aviation

Helicopters

Aviation History

Legal Issues In Aviation

Links To Other Sites

Editorials

Hot Air Balloon

Aviation Training Handbooks Read Online

Upcoming Events

Editorials

Passenger With Saggy Pants Kicked Off Aircraft And Arrested Files Lawsuit

By Daniel Baxter

June 23, 2013 - Deshon Marman, of San Francisco was 20 years old at the time and a former student and a Lobo football player at the University of New Mexico at Albuquerque. on June 15, 2011, Marman boarded a US Airways Flight 488 to return back to school.

While walking down the passenger boarding jetway he was asked by a flight attendant to pull up his "saggy-pants" because his underwear was showing. Marman complied.

However, it did not end there. After Marman was seated he was confronted by the captain. Who decided he did not want the 20 year old Black football payer on his flight. The captain told him he had to get off the plane and that the aircraft would not depart until exited the plane.

Upon exiting the plane, Marman was arrested on suspicion of a felony, battery of a police officer, resisting arrest and trespassing. The charges against Marman were later dropped. For many including Marman wanted to know why he asked to leave the plane in the first place?

A US Airways spokesperson reported Marman was asked to leave the aircraft because he posed as a safety threat. That is, when a passenger is asked to comply with crew member (s) instructions and does not, then the passenger is then viewed as a safety threat. Passengers must be compliant at all times, if not than the crew members will think that in the event of an emergency the passenger may not be compliant. Hence the passenger poses as a safety threat.

Although US Airways has no written dress code policy, Marman was asked by a flight attendant to pull up his pants, Marman complied with the instructions and he was then seated. However, the captain decided to get involved and informed Marman he had to get off the plane. So again the question is why did he have to leave the plane? Marman resisted, and repeatedly asked why he had to leave the plane. U.S. Airways spokesperson further stated the incident was racially motivated.

When asked about how the airline implements dress code requirements, US Airways spokeswoman, Vaierie Wunder stated "We don't have a dress code policy. Obviously, if their private parts are exposed, that's not appropriate... So if they're, not exposing their private parts, they're allowed to fly". In this case Marman did not expose his private parts.

There appears to be a double standard when a passenger can board an aircraft in lingerie and not be asked change their attire or be asked to exit the aircraft. There appears to be an inconsistent treatment of passengers by US Airways and the absence of a dress code policy suggests that the airline has selectively enforced subjective standards of dress on its passengers. As a result Marmon experienced embarrassment and humiliation when he was forcefully removed from Flight 488.

The Board of Supervisors of the City and County of San Francisco expressed concern over US Airways' treatment of Marmon and the airlines lack of any formal dress code requirements. The Board has urges the FAA to investigate the selective enforcement practices of US Airways related to passengers' attire and urged the FAA to develop and implement consistent dress code policies that do not lead to the infringement of passengers' civil rights.

U.S. Airways has further stated "The incident occurred because Mr. Marman refused to comply on multiple occasions. We believes our employees acted appropriately and don't think we should be held responsible for Mr. Marman's decisions and actions."

In the lawsuit Marman claims U.S. Airways flight crew were unrelenting before and after he pulled up his pants, claims police took things too far when he was arrested. Marman claims he was escorted by an police officer off the plane and let go. But then as he was walking away several San Francisco police officers "jumped on him, took him to the floor and put him in a two-part straight jacket ... even though Marman was not combative." The lawsuit states Marman was targeted because of his race and appearance. Marman admits he did have his underwear showing, but it was not obscene and consistent with the dress look of many young men today.