Pilots Allegedly Refused To Fly With Muslims On Board

The Council on American-Islamic Relations (CAIR) and United Firm of Carolina Law (UFC Law) announced the filing of a lawsuit against Delta Air Lines and Atlantic Southeast Airlines for removing two Islamic religious leaders, or imams, from a flight to a conference on Islamophobia in Charlotte, N.C., earlier this year. The suit alleges that the pilot refused to fly with them on board.

"Despite having been cleared twice by TSA agents, Defendants' pilot took the matter into his own hands when he chose to eject Plaintiffs from the flight based on arbitrary and capricious reasons, including his personal preconceived notions of race, religion, and national origin," the suit states.

According to the document filed with the court, the two imams were screened twice by TSA agents before boarding the airplane, were not seated together, and "exchanged pleasantries" with passengers seated next to them. They were asked to step off the plane and were searched again. The complaint says they were cleared to re-board the airplane.

But the pilots apparently refused to fly if they were on board. "(A) Delta’s supervisor directed them not to enter, because Defendants’ pilot was not allowing them onto the airplane. Plaintiffs asked why, and Defendant Delta’s supervisor stated that the Defendants’ pilot refused to articulate a reason for denying Plaintiffs entry onto the airplane. Defendant Delta’s supervisor explained that the Plaintiffs were entitled to board the plane after clearing the additional security screenings.

"Plaintiffs insisted that Defendant Delta’s supervisor obtain a reason for the Defendant’s pilot’s denial from the pilot himself. The supervisor agreed that this was appropriate and entered the plane with the apparent purpose of explaining to the pilot that the pilot lacked a rational basis for excluding Plaintiffs.

"When Defendant Delta’s supervisor returned, he was irate by Defendants’ pilot’s obstinate refusal to articulate a reason as to why the pilot was denying Plaintiffs’ boarding. The supervisor encapsulated his assessment of Defendants’ pilot’s actions in the following words: 'He is wrong'."

According to the lawsuit, the defendants violated both a federal law preventing an air carrier from subjecting a passenger to "discrimination on the basis of race, color, national origin, religion, sex, or ancestry" and a Tennessee law that prohibits denying an individual the "full and equal enjoyment of the. . .advantages and accommodations of a place of public accommodation. . .on the grounds of race, creed, color, religion, sex, age, or national origin."

The lawsuit seeks a permanent injunction that would prohibit the defendants from "singling out passengers for mistreatment based on their perceived race, color, ethnicity, religion, alienage, ancestry, and/or national origin" and order them to "take all affirmative steps necessary to remedy the effects of the illegal, discriminatory conduct described herein and to prevent similar occurrences in the future." It also seeks attorneys' fees and compensatory and punitive damages against Delta and Atlantic Southeast Airlines "in an amount to be determined at trial."

Delta and ASA both said in statements that they would not comment on pending litigation.

FMI: www.cair.com, www.delta.com, Full Complaint