Carrier Punished Because Crew Deemed Man 'Suspicious'
In what some are hailing
as a landmark decision, a federal jury in Boston on Friday awarded
John Cerqueira, a Portuguese computer consultant, $400,000 in his
"profiling" suit against American Airlines. Cerqueira convinced the
jury he was profiled when the flight crew ejected him from a flight
bound for Fort Lauderdale from Logan International on December 28,
2003.
Following the incident, the plane's pilot, Captain John Ehlers,
filed a report in which he stated, "3 PAX (passengers) sitting in
row 20 (seats) DEF observed by F/As (flight attendants) &
cockpit crew as making inappropriate, suspicious comments in
boarding area & on board aircraft. Seemed to be foreign
nationals. Overheard wishing other PAX ‘Happy New
Year.’" Ehlers called the police and ordered Cerqueira and
the two Israeli men seated next to him deplaned.
Police evacuated the aircraft, searched it, rescreened all the
baggage and deemed it safe to continue. In the meantime, Cerqueira,
who grew up in Fall River, MA and now resides in Miami, FL, was
escorted off the flight and questioned for two hours before being
released. The airline refused to allow Cerqueira to reboard the
flight -- or any other American flight -- even after he'd been
cleared by local police.
Cerqueira told the Boston Globe, "I felt like I was being
treated like a terrorist and there was no way I could prove I
didn't do anything or say anything at all. I'm grateful to the jury
for sending the message to American Airlines that just the use of
the word security isn't an excuse for unlawful behavior."
This is the first case of its kind to come before a jury since
9/11 (other plaintiffs with similar cases have settled out of
court). The verdict has some flight crews fearful it will set a
precedent and discourage concerned crews from taking action in the
future.
Spokesman for the Allied Pilots Association (APA) Captain Denny
Breslin told the Boston Herald, "[Ehlers] did what any one of us
would have done, especially back in ’03. We’re human
beings, not mind-readers. What would [the plaintiff] have us do?
Ignore our concerns?"
Air Line Pilots Association spokesman Pete Janhunen said the
verdict could impinge on a pilot's authority granted by the FAA.
"The pilot in command is responsible for everything that happens
involving that flight. We need to ensure that the authority of the
captain is protected so that they’re never intimidated or
afraid to make the right call."
Following the six-day
trial, the jury found American Airlines discriminated against
Cerqueira because of race or national origin. The airline must pay
$130,000 in compensatory, and $270,000 in punitive damages.
While not commenting on the specifics of the case, American
hinted this might not be the end of the case. An airline spokesman
said, "While we respect the jury system, we disagree with this
verdict. This decision is simply not supported by the facts or the
law. We will evaluate our legal options."
Cerqueira said, "I do realize Sept. 11 weighs hard on our
consciences and everyone is interested in better safe than sorry,
but if they had just put me on another plane, none of this would
have happened."