American Airlines Uses Secret Rule To Ban Passenger From Flight

An American Airlines passenger wasn’t allowed to board his flight from Austin to New York JFK because he was filming a gate agent that he thought was rude. The agent didn’t like him filming and called for a supervisor, who refused to allow him to take the flight. They deemed filming employees to violate the airline’s rules – though these are secret rules which do not appear published anywhere that customers can see them.

Police were called, the officer confirmed the passenger wasn’t breaking the law, but they still weren’t allowed to board.

Apparently the dispute began when the passenger tried to bring two bags onto the plane that the gate agent deemed carry-ons (rather than the allowable carry on bag and personal item).

  • According to the passenger, the agent asked them to consolidate into one bag.

  • The passenger did so, but then the bag was deemed too large to be allowed on board and they were asked to check it.

  • That’s when the frustrated passenger filmed the agent, who objected.

They told the police officer they’re willing to gate check the bag, they just want to fly, and were filming so they could identify the agent they wanted to submit a complaint to the airline about. The passenger offered to delete the video if they’d be allowed to fly. However they were refused boarding, refused rebooking, and told they could request a refund.

Meanwhile, another passenger kneeling by the bag sizer at the gate says that the agent pushed her.

@liranhirschkorn @American Airlines will kick you off a flight without explanation. Ive taken 100s of flights in the last few years and never had an flying with delta. Please share. #americanairlines #kickedoffmyflight ♬ original sound – Liran Hirschkorn

Filming in public is not illegal, and there is no FAA or Department of Transportation against filming inside an airport or on board an aircraft. Filming is even permitted at TSA security checkpoints provided “the screening process is not interfered with or sensitive information is not revealed.”

However American Airlines adopted a policy in 2014 to prohibit photography of employees, they published it at the time only in their on board American Way magazine. They don’t have signage anywhere telling passengers this, and it doesn’t appear in their Contract of Carriage or on their website. The magazine that used to have this policy was eliminated two years ago.

Is a secret policy, than runs against common cultural practice where people film things with their phone at will (and even tag the airline in social media daily without being told they’ve violated any rule), even a policy at all?

Moreover, the right to film is important. David Dao would never have gotten justice after having been dragged off of a United Express flight and bloodied if there hadn’t been video of the incident. United itself initially defended Chicago Aviation Police and apologized to other passengers that they’d been inconvenienced by Dao’s behavior.

It is certainly understandable that employees don’t like to be filmed doing their jobs. They’re in public spaces, dealing with members of the public, but most people doing the filming wouldn’t like it if the roles were reversed! Still, enforcing a policy that customers aren’t on notice about seems… problematic.

(HT: Off The Beaten Points)

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. The “rules of filming” non-government airline agents are different than the 1st Amendment social warriors think. Most airlines forbid recording with their PRIVATE agents, while allowing people to record events that only involve their party/selves. Should a lawsuit be filed, it’s unlikely to succeed based on the ToC of said airline

  2. I am just getting to death with everyone having to turn everything into a negative situation, such as what this man has done!!! Some people just like to be jerks & cause trouble then of course, feel they have to record it!!! It may not have been illegal BUT, if it IS a rule or policy of the airline & you don’t like it, DON’T FLY ON THEIR AIRLINE!!!
    Certain companies DO have their own policies, DEAL WITH IT & learn to respect rules & rights to privacy of their employees!!! GROW UP & STOP BEING A JERK, THINGS LIKE THIS MAY NOT HAPPEN!!!

  3. @BiscuitBunny ummm, if you’d bother to even take the broucher out & actually read it, you’d SEE that YES, that is INDEED published as one of American Airlines rules!!!
    And…to all you other sue happy people on here, if you don’t like following rules then go live in some other country where you THINK they’ll let you do whatever you want with no consequences!!!
    There are rules for a reason, follow them or don’t use the particular company!!!

  4. It seems like the airline employees were the jerks. The passenger did as they asked and it wasn’t acceptable. He even offered yo delete the video if he was allowed to fly!

  5. No, he was the jerk with his tone, demeanor & attitude!!! He didn’t want to follow rules & policy so I’m glad he was denied his flight with them!!! All he had to do was STOP FILMING the FIRST time he was told & maybe he would have made his flight to see his kids!!! Nope, ALL HIS own fault.

  6. You should film anything you feel that’s happening to you GOOD OR BAD. this incidents was not necessary to film

    On another topic
    Living in America under a dark brown skin tone means you could be falsely accused of a crime you didn’t commit. I say film away ppl!!!!!

    You can’t stop ppl from doing anything in this life go or bad.

  7. I think a rule against filming is stupid and counter-productive, however, it sounds like the passenger was being a jerk before that. If his 2nd bag was indeed too large to be a personal item and he did indeed refuse to pay the bag fee for it and started recording the agent and making a scene instead, then he should be have been denied boarding. Not because of violating the alleged filming rule, but because he was being a jerk who didn’t think the rules applied to him and thinks he has a right to abuse customer service agents who are just doing their job. If they don’t think the rules apply to them at the gate, they probably won’t on the plane, either.

    Of course, if the gate agent was just making up that the bag didn’t fit as an excuse to charge a fee and/or assert their ‘power,’ as has recently been a problem on certain other airliners, that’s another matter. The fact that he offered to delete the video and gate check the bag only after the police showed up doesn’t seem to support this as likely being the case, though. In general, if the police have to show up to get someone to calm down (in a case other than that of a gate agent being a wannabe tyrant,) then that passenger should not be flying.

  8. Customer Service? AA should training their employees. Look customer service from Southwest Airlines! I have watched many videos from internet.

  9. @Jp Farnsworth: When you say “Ban filming by everyone”, are you suggesting that the ban only apply within the airport itself, or are you OK with people filming you away from the airport? Because on public property (city streets, sidewalks, parks,…), anyone can photo/record anyone or anything they can see. Unfortunately, airports are also public property (owned by cities), so can’t ban recording.
    As for you suing someone, well, you can try, but you’ll lose. How is recording your actions grounds for a lawsuit? Just because you don’t like it? By that logic, you could try to sue someone for just watching you, listening to you, SEEING YOU. See how silly that is?
    You say you’re “tired of being filmed by wanna be paparazzi”; really? Do random people record you with their phones often enough for you to be “tired” of it? Maybe ask yourself what it is you’re doing that so many want to record you doing it.

  10. Allison. Your a Harvard educated attorney and don’t know the law?
    Wow. Harvard failed you.

  11. It amazes me reading all these comments about filming in public, people don’t realize airports are a NONPUBLIC forum. This was stated by SCOTUS in 1992. So all of you that think recording in an airport is legal, YOU ARE WRONG!!

  12. The fact that we take a job in a company and we are obligated to enforce the rules, it doesn’t mean we also rented the body to be part of filming. It is not in the company contract “not allowed to film” , but also it is not on the employee contract exposure to use the employee face to be filmed. It’s rude, disrespectful. Film the owner.

  13. Airlines are paying gate agents a portion of the baggage fees they generate from doing this at the gate. Filming is not included if the carriage of travel and while a high school educated gate agent can stop you from flying, they can’t stop you from using the video as evidence in your case. As for Allison, the Harvard person… Didn’t Harvard stop using actual intelligence criteria and start admitting anyone who is a whack job liberal?

  14. I never had a problem with American Airlines, and they really helped me out on missed connections. The dudes bad attitude may have created this incident after consolidating his bags. Kudos for not allowing him to travel on that flight for filming.

  15. This guy was lame, trying to go viral. Typical millenial cry baby, cancel culturist. Wipe my butt or it’s bad service.. What gate was that again? Gotta stop by next time I’m in town, that mamacita was hot & she messed him all up. Lol crushed his dreams.

  16. The airline can refuse to board this passenger if for one moment his filming interferes with the agent’s job.
    To the other question about filming in public. Texas is not one of the states that requires two party consent when parties are engaged regardless if in public. California is one that does

  17. 1) David Dao didn’t get justice. He rode a wave of public outrage combining poor airline policies wirh general contempt for airlines to a large cash settlement. But he also refused to leave someone’s property, caught the police, and got hurt as a result of his own actions.

    2) If I were the passenger, I would demand IDB compensation.

  18. This is just another example of somebody who can’t follow the rules and gets upset when someone calls them out on it. You had two bags that you tried to carry on. I see people do this all the time and wish the gate attendant would stop them. I sure you do this all the time, but this time you actually got called out on it. You had so much stuff in those two bags that when consolidated in the one bag it didn’t meet the requirements of a carry-on. So now you’re going to videotape the gate personnel so that you can make a point, because you were caught, and being confronted for breaking the rules in your fragile mind means someone was rude. The only reason you’re videotaping it is so that you can get something out of it, you say as much in your video. I’m gonna get an apology and a bunch of miles. That’s what you’re looking for. That’s why you’re videotaping for no other reason if it was really about filing a complaint, you would ask for the person’s name and contact American Airlines you don’t need a video to do that.

  19. Most of these filmers are out for themselves, a rebate, credit, a free bag CK at the gate. Everyone thinks if they b____ they’ll get freebies. They need more to life than filming only their world. Just be a considerate human being to these people that work with the public & that put up with way more crap than you even know! I find common courtesy like please and thank you goes a long ways!
    Have a great day, film more happy people, babies cute animals! EJ

  20. “I am a Harvard Law educated attorney retired from a top ranked firm in NYC.”

    LOL Alison, you’re full of cr_p. Name dropping the school, the city you “worked” in, and the alleged “ranking” of your made-up firm is trying WAY too hard to convince people you’re real. If you want to be more convincing next time, just note that you’re a former lawyer.

  21. The American Airline was completely wrong and had an ego issue. When someone is taking your picture you are scared or feel offended unless you know them. In this case the lady forgot that she is an employee and she does not control the whole airline. The traveller should ask or the airline is supposed to pay for the time and discomfort caused by the stupid employee to the traveller.

  22. So here it is, IN PRINT, directly from American Airlines website, for all you loudmouths who THINK they know all:
    *******************************
    American Airlines Has a Controversial Policy
    In many cases, this has been a positive that has led to real change — but American Airlines does not want people filming or shooting pictures of its employees. If you violate that policy, you can be denied permission to board or kicked off your flight.
    *******************************
    So before all you Monday morning quarterback, smart$$es start talking your $hit, do some simple research before opening your mouths!!!
    The jerk passenger was the one in the wrong here NOT the airline or it’s employees!!!

  23. it is indeed written that filming or taking a picture of an airline employee is prohibited. it’s on the entertainment guide

  24. @EJ THANK YOU for telling it like it truly is, you’re absolutely right!!!

  25. @Kent Hoover
    @Dave M

    Can either of you prove she’s NOT a lawyer from Harvard smarta$$es???

  26. @Glenn Tomney I may be an American BUT, I couldn’t agreewith you more!!!
    We do seem to have a VERY “sue happy” society here who think they can sue anytime for any reason & the problem is…our damn judicial system here kiss their damn a$$es & allow it & most of the time, they get their way!!!

  27. If you are of frequent flyer status with them then YOU KNOW the rules. Sounds to me, you planned this to 1- get your 3 minutes of fame, 2- get tik tok money or whatever you get from views, & 3- get FREE miles as you stated or free ticket or whatever your plan is. You’re whiny voice is annoying & your “oh I won’t get to see my kids tonight ” ploy is pathetic.

    Where do you work- what do you do. Let me & another thousand people come to your work & harass you & tell you how to do their job, (everday).

    Quit with your games, board as you should with correct luggage, put your camera away, close your mouth, quit playing the victim. Sad,your kids have a father like this that can’t simply follow rules.

  28. Dr Dao justice? That’s a joke. It only started recording after the fact he volunteered to come off and broke the law by running back down to the aircraft after he was no longer ticketed on the flight. His license to practice was revoked years prior for soliciting sexual favors in return for drugs. AA has been had this policy and FAA states you can’t film airline employees while performing their job functions. Bravo to the supervisor for standing their ground and backing up their agents.

  29. It is all about the “narratives” this actions of freewilling citizens can create…counties go to war over “narratives” alone…

  30. I’m a gate agent. I’m very flexible with the rules, and always try to please customers as much as possible. You bring two carry-ons, you check one. You don’t want it, you don’t fly. You film me, you don’t board. I blacklist you. You become unruly, I’ll get you dragged by the cops. Behave. It’s easy.

  31. Cathy White where did you get that, because it wasn’t from American Airline’s website. That was a copy and paste from The Street.com (https://www.thestreet.com/travel/american-airlines-has-a-secret-rule-passengers-wont-like).

    If you read the post from this site and also read what The Street had you’d know that American does not have the policy anywhere at any airport, not on their Contract of Carriage, or their website.

    In fact, it was only published on their in-flight magazine back in 1014 and they discontinued it’s use two years ago. They have no proof anywhere that it is a current policy.

  32. THANK you Juan Perez, FINALLY a word from an actual gate agent who would definitely know!!! I agree 100% with you!!!

  33. Ummm YES @Carlos Nazario, it WAS DIRECTLY on American Airlines website!!! Go look yourself!!! Apparently you didn’t read the entire policy & just want to believe some unabiding site!!!

  34. You did nothing wrong with recording this interaction. I don’t like being recorded myself but understand it’s a person’s legal right to do it in public. I am glad we have that option now. Most businesses believe employees over customers especially if management is involved. Now recordings can provide proof.

  35. I encourage everyone to start recording and posting on social media AA employees whether or not you are flying AA. And frankly, after this, why would anyone fly AA?

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