It's not just United.. it's also the federal regulation.
The pre-boarding regulation/handling applies to voluntary removal.
https://www.transportation.gov/airconsumer/fly-rights
Summarized in the following article:
http://www.cnn.com/2017/04/11/travel...s-united-trnd/3. Can an airline legally kick a paying customer off a flight?
Actually, yes. According to data from the Department of Transportation, 46,000 passengers were involuntarily bumped from flights. This happens because most carriers purposefully overbook their flights knowing people sometimes won't show up.
When an airline chooses to clear out seats on a flight, they are required to go through a process: First, according to the Department of Transportation, they have to see if anyone will give up their seat voluntarily. They typically offer compensation, such as a voucher for another flight.
Also, as mentioned above, while airlines can legally kick people off, each airline has its own general guidelines as to who they kick off and why.
"The pen is mightier than the sword.. and considerably easier to write with."
And? The bolded section is a preamble to an analysis, not a part of the actual policy. It has zero bearing on the fact that the policy refers to dealing with overbooking prior to/during boarding. Dao and many (most? all?) of the passengers were already on-board the aircraft.
Actually, there is a lot of language in their own contract of carriage and rule book that says that they cannot do what they did. In fact their own rulebook quite clearly states that your rights change once you are physically on the plane in your seat in a way that limits the ground of removal to very specific cases - this incident not being one of them.
Man, all the legal minds here, while some lawyer in a firm somewhere is licking their lips in anticipation.
"The pen is mightier than the sword.. and considerably easier to write with."
Here we go - http://www.courier-journal.com/story...ast/100318320/
When airport security yanked David Dao off an overbooked flight Sunday, bloodying him as they dragged him down the aisle, he was thrust into the international spotlight. Dao, an Elizabethtown doctor, is familiar to many Kentuckians who recall his convictions on drug-related offenses in 2004.
Dao's removal from Lousiville-bound United Express Flight 3411 at O'Hare International Airport in Chicago was captured on video. United has come under scathing criticism for how it handled the situation, ranging from its insistence that passengers give up seats to the level of violence used by officers who yanked Dao from the aircraft.
In the video taken by passengers, Dao refuses to give up his seat. He screams as three Chicago Aviation officers begin pulling him from his seat. Dao's head strikes an armrest before he is dragged down the aisle by his arms, seemingly unconscious.
The Chicago Department of Aviation has placed the security officer who dragged Dao from his seat on leave, and said in a statement Monday that it does not condone his actions and that the incident on the United flight was not in accordance with its standard operating procedure.
United's CEO has apologized for the incident, and the U.S. Transportation Department also is investigating whether United complied with federal regulations regarding overbooking.
As he is dragged, some passengers can be heard admonishing the security officers.
Dao, his wife and two other passengers were asked to leave the aircraft because the flight was full and four crew members needed their seats, according to witnesses who were on the flight. The airline had offered vouchers worth up to $800 for passengers to give up their seats, but no one took the offer. Four passengers, including Dao, were then selected to be bumped.
A Louisville resident on the flight, Audra Bridges, told the Courier-Journal that Dao said he was a doctor and needed to see patients the next morning. Bridges said passengers were "shocked and appalled" by the incident, and thousands of people on social media have expressed sympathy for Dao and outrage over the way the situation was handled.
Dao, who went to medical school in Vietnam in the 1970s before moving to the U.S., has worked as a pulmonologist in Elizabethtown but was arrested in 2003 and eventually convicted of drug-related offenses after an undercover investigation, according to documents filed with the Kentucky Board of Medical Licensure last June.
As for Dao's history as a doctor in Kentucky, the medical licensure board documents allege that he was involved in fraudulent prescriptions for controlled substances and was sexually involved with a patient who used to work for his practice and assisted police in building a case against him.
Dao was convicted of multiple felony counts of obtaining drugs by fraud or deceit in November 2004 and was placed on five years of supervised probation in January 2005, according to the documents. He surrendered his medical license the next month.
The Kentucky Board of Medical Licensure permitted Dao to resume practicing medicine in 2015 under certain conditions.
United Airlines Contract of Carriage.
Hey look, a contract!
Please find for me the section with the language that says that United had the right to physically remove a ticketed passenger after boarding, after arbitrarily choosing him for removal in order to allow airline employees to take his seat.
I'll wait while you find it.
Dude is lucky; at least they were still on the ground.