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Originally posted by Xcathdra
reply to post by Nspekta
Devils advocate argument so read before going off on me -
While people have no expectation of privacy in puiblic, the inside of an aircraft is not a "public" area. This is evident by the authority the Captian has when in control of his aircraft. The aircraft is private property that is open to the public for use through purchasing a ticket.
If the lady who snapped the photos wanted to complain, thats her right, but the airline worker did not break any laws be asking the picture be deleted or by having the lady removed off the aircraft.
People seem to have an issue when it comes to understanding thier rights and how they work while on private property. Any person can walk into a mall and start snapping photos. Is it illegal? Nope. However, because the mall property is private that is open to the public, an individual does not have any absolute rights while on that property.
If mall security confronts a person who is snapping photos in the mall, they can ask the person to stop without any reasons (its private property). They can request the photos be deleted, and that request can technically be denied until any potential court action calls the photos into question, and I dont see it going that far). The person who took the pictures can be told to leave, and if they refuse they can be removed from property and potentially cited for tresspassing.
An airplane is the same setup, and aside from the pilot example I pointed out, its required under law to complay with all flight personell requests. Failure to do so can result in being charged with interfering with a flight crew (obviously there will be some specific criteria, but I point this out as an example).
The employees nametag was obviously visible not once, but twice to the lady who took the 2 pictures. She could have just as easily as wrote the name down. She also could have easily filed a complaint based off a description and the flight number since flight crews are small.
As far aws being removed from the plane, in this case they provided a reason, however, since its private property no reason is required for a company employee to ask / tell a person to leave.
Originally posted by Montana
reply to post by Xcathdra
I'm glad you read the article, thank you.
So now we can talk about the one picture (not two) that was taken in the airport (not on the plane) which is a public building (PIA is owned and operated entirely by the City of Philadelphia).
I agree that a passenger may be removed from an airplane by employees of the operating airline for cause.
However, if that cause is "I'm upset because I was being an abusive pig while on the job and now I am going to be held accountable for it" than said employee needs to be 'counseled' that that is not a 'security risk'.
Originally posted by PsykoOps
So if someone were to be escorted out of the plane for having an ugly mug it would be legal? That's exactly the same situation as here.
Originally posted by PsykoOps
For LEO you seem to get alot of stuff blatanty wrong. A mall security has zero authority to ask someone to stop photographing. Only the mall owner can do that. Same as with privately owned private property. If I'm on your property taking photographs the neighbour cannot come to me and tell me to stop. Also they have zero authority to ask to delete the photographs. They also have zero authority to ask to see the photographs.
Originally posted by PsykoOps
"This is the airplane captain speaking. We're just about ready to take off. While we're taxing I lawfully order the fine ladies in row 4 to take their tops of and jiggle those big boobies."
Yeah right. There is limits what they can do and ask and escorting a person out claiming that she is a "security risk" without any valid reason is not one of them. Just like the part I made up.
Originally posted by PsykoOps
Why bother when you can just push a button and vóila?
Originally posted by PsykoOps
"You're butt ugly. We don't wan't ugly people on the plane. Get out." Same example. There is reasonable limits to what they can excercise their authority. Mainly they cannot violate peoples rights. Claiming someone to be a "security risk" without any valid reason doesn't cut it.
Originally posted by Xcathdra
If I am reading your comment correctly, yes. Private companies dont need to have any reasons to refuse service to anyone.
As I stated, and am correct, a Mall security officer can tell any person to stop taking photos, whether its posted or not based solely on the fact its private property. If a person is within a store, thats a different story because the space is leased.
*snip*
And I see you like to give stupid and completely worthless examples in an effort to give the appearance to others that you think you know what your talking about and dont. You do this is the cop hate threads as well, and like my advice just above this, I offer it here.
*snip*
Apparently that didnt work out all that well now did it? Why agitate a person over an event you werent involved in who can tell you to leave the plane and go elsewhere?
Actually in this case telling someone to leave because they are a security risk does cut it. Its incumbent of the employee to articulate her reasoning to her bosses, not the lady she told to leave the plane. As I stated, a private business does not need any reasons to refuse service to anyone.
Originally posted by PsykoOps
Well this kinda falls into the same area then when you escort someone out of plane for being a muslim. Or black, or jew etc. Why do they then sell the tickets and waste the time of the people and let them board the plane in the first place?
Originally posted by PsykoOps
Apparently I wasn't clear enough. What I meant is that mall security doesn't have the authority to decide the issue. It has to come from the owner. And yes if the owner chooses to do that then mall security can act as their "mouth piece".
Originally posted by PsykoOps
At least I put that one clearly. Yes it is the most stupid and idiotic thing that I wrote and I did that on purpose. Considering that labeling someone "security risk" out of spite is exactly as lawful as what I posted.
Originally posted by PsykoOps
How was she supposed to know that the woman was a retarted idiot? She is not psychic you know. Also you live in stone age if you think using a cell phone to take notes is agitating. She should've used a rock to carve her hieroglyps onto?
Originally posted by PsykoOps
Yeah the first sentence would be true if she had actually done something that would qualify as a security risk. If you do it because you're an a-hole with a bad day doesn't cut it. We'll see what happens to her job and if there is any litigation because of this.
Originally posted by Xcathdra
The short of it is the courts would decide if the person faced discrimination or if the company acted appropriately and acted on something other than discrimination.
No you were clear, and my answer stands. Private Security has the exact same authority as if they were the property owners, unless the property owner specifies otherwise or policies are in place that spell out the authority of security. It is coming from the owner directly, via security.
Then lets stick to the issue at hand. If using a comparison, keep it in the same ballpark. Coming up with an unrealistic example does nothing but confuse other people who are not as versed as you are. Like I said, we are only getting one side of the story. I am curious what the affected lady might be leaving out.
If her goal was to complain about the employees actions, it would have been more effective coming from an uninvolved 3rd party.Now, the complaint is coming from a person who is no longer a 3rd party. The airline could easily just dimiss the complaint based on the ladies actions since its now a her word vs. her word.
Determining who is a security risk for the airline is the function of the employees. For the employee, its a matter of their opinion based on their training and the policies of the company. You are correct in questioning the security risk label, but how do we know thats the exact words used? As I said, we are just getting one side of the story.
I am also curious to see how this turns out.
Originally posted by PsykoOps
So in the end it depends wheter the person who is discriminated wants to pursue legal action?
Originally posted by PsykoOps
Unless you provide a source for this I'm not gonna believe that. Security workers are nothing like the property owner and cannot make policies on the spot. The policy has to be in place before it can be enforced.
Originally posted by PsykoOps
Well I went to the extreme example to make it absolutely clear. Didn't mean confuse anyone. Also saying that she has left something out seems bit stretching it. She was labeled security risk, escorted out and then escorted right into another plane. So we know for sure that she didn't do anything that would constitute a threat to safety.
Originally posted by PsykoOps
Her intention was to file a complaint. I doubt she was intenting to get involved. If you snap someones pictures that doesn't really constitute something like that. Unless of course you go and shove the camera on someones face and curse them and that would be getting involved. Considering that she wasn't the person who was offended first by the employee it's probably not just her word against the employees.
Originally posted by PsykoOps
Yeah problem with this is that it is open to abuse. Anyone can come up with suspicious stuff someone might have done. Considering that what she did was legal and even allowed at airports then that somehow being twisted into a security issue would be grounds for lawsuit imho. That of course depends on the lady wheter or not she wants to go through that.