Lawmaker sponsors Airline Passenger Protection Act in wake of United Airlines incident

The legislation would prohibit airlines from “involuntarily removing” seated passengers, and the state from doing business with airlines that do.

In response to the April 9 incident at Chicago’s O’Hare International Airport, where a passenger was physically removed from his seat and dragged off a United Airlines flight bound for Louisville, Ky., state Rep. Peter Breen, R-Lombard, has filed legislation intending to prevent similar incidents from happening in the future.

House Bill 4034, or the Airline Passenger Protection Act, would prohibit any “employee or contractor of this State or any unit of local government in this State” from “involuntarily remov[ing] a passenger from an aircraft by force when that passenger is seated in a seat confirmed by a valid paid or awarded ticket unless: (1) the passenger has committed a breach of the peace; (2) the passenger presents a danger to himself or herself or others; or (3) a public emergency exists.”

“A commercial airline that removes validly seated customers without serious cause breaches the sacred trust between passengers and their airlines,” according to the legislation.

In a statement, Breen said that “the treatment of the passenger in last week’s incident at O’Hare is inexcusable and must be stopped. It reflected badly on the airline, the City of Chicago, and the State of Illinois.”

Chicago Department of Aviation security officers forcibly removed David Dao from the April 9 United Airlines flight after he refused to relinquish his seat when United sought to remove four passengers to accommodate four United crew members heading to Louisville. All three officers have since been placed on administrative leave.

A similar ordinance was proposed in the Chicago City Council on April 19 that would prevent any employee of the city of Chicago from removing a passenger from an airplane unless a crime was committed or in the case of a medical emergency.

Breen’s Airline Passenger Protection Act would also forbid criminal or civil charges from being brought against an airline passenger with a paid ticket for refusing to give up the seat, and would also award attorney’s fees for any removed passenger who prevails in a legal action against an airline for violating the act.

Dao’s lawyer, Thomas Demetrio, said Dao “suffered a significant concussion, a broken nose, a sinus injury and lost two front teeth” and will require reconstructive surgery.

The legislation would also prohibit any Illinois government from “mak[ing] travel arrangements with, do[ing] business with, or hav[ing] any investments in any commercial airline or a company owning a commercial airline that has a policy allowing the involuntary removal of a passenger from an aircraft to allow an employee traveling on a non-revenue ticket to use the passenger’s seat.”

In the wake of the incident, United Airlines has announced a shift in policy that “will no longer allow crew members to take the seats of passengers who have already boarded a plane.”

Two other airlines ­– American Airlines and Delta Airlines – have also announced updated polices for bumped passengers.

HB 4034 is currently without any co-sponsors.