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M$4 January 02, 2009 07:33 PM

Can the Irfan family sue AirTran for not allowing them to fly?

The family had done nothing wrong, but were reported to federal authorities and removed from the plane anyway. Do they just have to accept this unfortunate situation as part of being Muslim in America, or do you think they have a genuine case for civil rights lawsuit?

http://www.mahalo.com/Atif_Irfan
http://www.cnn.com/2009/US/01/01/family.grounded/
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January 02, 2009 08:15 PM
First, I've watched the video with the family and they are very gracious in their approach to the situation. The airline does seem to be taking a VERY hard line about not letting them board even AFTER they had been cleared. The pilot also has final say as to who gets on--so that could be what's going on here: a group of pilots don't want a large group of suspects like this on their plane (it wasn't just one person). Doesn't make it right, but I wonder if the pilots are the ones who took the hard line.

Watch the video:
http://www.cnn.com/2009/US/01/01/family.grounded/#cnnSTCVideo

Here is a still image of these two very gracious individuals and as you can see if nine folks come on a plane who are in their 30's and Muslim it's going to raise a LOT of flags. If you took these two photos and mixed them with a dozen photos of the 9/11 hijackers you would not be able to make a decision as to who is who--that's what the police and airlines have to deal with: look for someone like this who is talking about these these subjects. That's what happened.

http://img.skitch.com/20090102-d9sxfybjhrd91xuranrwutc3np.png


The TSA has been training folks in profiling passengers based on behavior, something the safest airline in the world, El Al in Israel, has been doing for years. So, this type of thing will probably increase as $10 an hour security guards with no college degrees start doing profiling. Can't wait for the person who screams at you to take off your shoes to start asking where you're going and why... ah the joys of living in a military state.


If anyone brings up anything about safety, bombs, etc. in line at the airport they have basically opted in to be questioned. If you're at a political rally and you're next to a cop and you start talking about assassination attempts you're going to be detained and questioned.

Clearly there was a massive misunderstanding as some folks here "safest place to be on a plane" as nine middle eastern folks walk by--anyone would concerned.

Just imagine if this was a terrorist plot and the security people overheard them talking about security and they let them through? People would be rightfully furious with TSA: "you let a family of people talking about security--in the the security line--on the plane? You didn't even detain them?"


Also, there have been reports of terrorists bringing kids on planes as decoys to get hijackers on. The kids don't take away from the profiling--they might increase it.

Finally, demographically profiling people is a horrible reality of police work.

Crimes are committed by young males typically, so cops stop them more often. People don't complain about that, but they do complain when race comes into it--which is understandable but probably not realistic. If a plane is getting hijacked at this moment in history, Muslims are going to be statistically higher on the suspect list. Doesn't mean you don't stop everyone, but it does mean that if you have someone from Saudi Arabia, who his male, angry, with a one-way ticket, paid for in cash and who doesn't have a consistent story you might want to take them aside.


They can sue, but I don't think they will win but they would get a settlement.

AirTran should apologize to them, let them know it is not personal, a terrible misunderstanding and then give them nine first class passes a year for life. The CEO of the company should do this personally at a press conference or by visiting their home with a gift basket. He should also fly with them on their next flight... board the plane with them and get to know them.

If I was the CEO of the company that is exactly what I would do--take the darkest moment and make it the brightest.

That would be amazing PR and help heal the scar of it all. We're all Americans and we should stand together when there are misunderstandings like this.
Asker's Rating:
• Very thorough analysis. Love the CEO suggestion.

I, too, believe it would probably be in their best self-interest to sue the company, as they'd likely get a settlement out of it. But they seem to be taking the more dignified high road and simply accepting an apology and moving on.


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January 02, 2009 07:40 PM
Certainly, they CAN sue. This is America. Anyone can sue anyone about anything.

Whether they can sue SUCCESSFULLY is another question, and one that the courts would decide if they filed such a suit.

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January 02, 2009 07:43 PM
While the situation is unfortunate, I don't feel that a civil rights case would hold up. I'm sure that AirTran, along with every other major airline, has some sort of clause written up in their company terms that allows them the right to refuse service to anyone, especially if they have adequate reasoning to do so.

I certainly think the family was owed an apology (which they received, along with further compensation: http://pressroom.airtran.com/phoenix.zhtml?c=201565&p=irol-newsArticle&ID=1240093&highlight= ); one can't help but wonder if the same situation would have occurred to a white, Christian family having the same discussion. Probably not.

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January 02, 2009 08:00 PM
I think they have every right to pursue a civil rights issue. The article clearly states that the family was officially cleared of any wrongdoing by the FBI, and the company still refused to serve them.

" "The FBI agents actually cleared our names," said Inayet Sahin, Irfan's sister-in-law. "They went on our behalf and spoke to the airlines and said, 'There is no suspicious activity here. They are clear. Please let them get on a flight so they can go on their vacation,' and they still refused."

"The airline told us that we can't fly their airline," Irfan said. "

They recieved compensation, but nothing really resembling an apology.

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January 02, 2009 08:43 PM
I think this situation shows the mentality that we as a whole have allowed to transpire.
This family has every right to take legal action against AirTran. Furthermore, the persons who decided to create such a mess deserve to wear the same shoes.
People need to stop playing the role of the coward and "tattling" and instead strike up a conversation with the proverbial suspects.
It is absolutely appalling and I, as an American citizen, am embarrassed to be here at the moment.

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January 02, 2009 08:59 PM
Then maybe you should go someplace else. Strike up a conversation with proverbial "terrorists"?
It's unfortunate this even took place, but with grandmas and little children having to take off their shoes in order to prove they don't have a bomb, I think I would be a little nervous if I heard this group of people talking about the "safest seat".

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January 03, 2009 07:35 AM
Well, I have struck up conversations with Middle Easterners and I have lived in one of their countries, and they're no less a human being than any of us. They don't like terrorism either. Terrorists ruin everyone' fun.

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January 03, 2009 07:13 AM
In America, anyone can sue for any reason. Whether or not you win is a different story.

The Irfan family didn't press charges which shows how well they handled the situation. Yes, they were offended by the treatment, but all they asked for was a simple apology, and they were satisfied with it.

An American would have more than likely sued over the offense because we're paranoid like that. That's what started the problem to begin with.

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January 04, 2009 06:22 AM
I believe the girl was prejudice against middle easterners, hearing what she wanted to hear, not caring about others. The family had to grab another flight which cost them twice as much. They should be able to sue the airline, because even after no bombs were found, they weren't allowed to board. For what reason? If you are gonna suicide bomb a plane, there is no "safe" seat. You all die, the end.

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