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Old 09-09-2007, 05:23 PM   #76
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Originally posted by BonoVoxSupastar

Unless she was actually exposing something, then no, you have no right "to not see certain things".
Maybe not a legal right, but more an expectation - otherwise people will complain.

I really don't see her winning a lawsuit or getting an apology over this. Companies can do business with whomever they wish, as long as it doesn't violate discrimination laws. Those signs we see at stores and restaurants saying “We Reserve the Right to Refuse Service to Anyone” is pretty much correct - as long as they don't violate civil rights. It's up to the discretion of the business.
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Old 09-09-2007, 05:32 PM   #77
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the airlines have a right to enforce whatever rules of decency they want, if you don't like them, take the bus.
Yes. They absolutely do. But the key here is that they don't have any rules.
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Old 09-09-2007, 06:17 PM   #78
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No, they do have rules.

http://www.southwest.com/travel_center/coc.pdf (.pdf), p.11

This is from their Contract of Carriage (in the Policies section of Southwest's website), effective July 12, 2005:
Quote:
Carrier may refuse to transport or remove from the aircraft at any point any passenger in the following categories as may be necessary for the comfort or safety of such passenger or other passengers:
(1) Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent, or whose clothing is lewd, obscene, or patently offensive;
Now whether those policies, or any notification that passengers will be held accountable for following them accompanied by instructions on how to obtain a copy, appear on any documention given or showed to all passengers, that I don't know. Would that necessarily be legally required?
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Old 09-09-2007, 06:29 PM   #79
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Thanks for the info. Nulls and voids my previous statement.

It sounds like it's not very well known and/or not enforced often. It also sounds a bit up to interpretation. If it really is to be open to interpretation, I don't see the problem here.

I certainly don't think she was looking for any attention, and I don't think she ever thought her outfit would get her kicked off.
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Old 09-09-2007, 06:33 PM   #80
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Quote:
Originally posted by yolland
No, they do have rules.
Now whether those policies, or any notification that passengers will be held accountable for following them accompanied by instructions on how to obtain a copy, appear on any documention given or showed to all passengers, that I don't know. Would that necessarily be legally required?
Yes, it would be. It's one of the most basic premises of contract law in the common law world.
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Old 09-09-2007, 06:35 PM   #81
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Quote:
Originally posted by ntalwar


Maybe not a legal right, but more an expectation - otherwise people will complain.
Well I have an expectation that people will bathe before they travel, but I can't really enforce that one, can I?

Quote:
Originally posted by ntalwar

I really don't see her winning a lawsuit or getting an apology over this. Companies can do business with whomever they wish, as long as it doesn't violate discrimination laws. Those signs we see at stores and restaurants saying “We Reserve the Right to Refuse Service to Anyone” is pretty much correct - as long as they don't violate civil rights. It's up to the discretion of the business.
But arbitrarily choosing what is offensive clothing or not, is violating discrimination laws. She could easily win a case if they can't find evidence that she violated any DEFINED dress code.
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Old 09-09-2007, 07:05 PM   #82
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Probably they have printed it in their terms of trade on the backside of her contract, or ticket. Since it's in the fine print, she probably didn't read. But she wouldn't have a case then.
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Old 09-09-2007, 07:08 PM   #83
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Now whether those policies, or any notification that passengers will be held accountable for following them accompanied by instructions on how to obtain a copy, appear on any documention given or showed to all passengers, that I don't know. Would that necessarily be legally required?
Don't plane tickets, or computer printouts contain a page full of legalese fine print?
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Old 09-09-2007, 07:08 PM   #84
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Since it's in the fine print, she probably didn't read. But she wouldn't have a case then.
Not necessarily.
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Old 09-09-2007, 07:19 PM   #85
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Ah, ok, it's still a question of interpretation?

Is your law different there? I mean, in German law what is in the terms of trade is, whether you read it or not, legal, despite it being something so unusual, or adversarial, that you couldn't have expected it being included.
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Old 09-09-2007, 07:21 PM   #86
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Quote:
Originally posted by BonoVoxSupastar

But arbitrarily choosing what is offensive clothing or not, is violating discrimination laws. She could easily win a case if they can't find evidence that she violated any DEFINED dress code.
I don't see what discrimation law was violated from the Civil Rights Act of 1964 -race, color, religion, or natural origin?
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Old 09-09-2007, 07:26 PM   #87
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Maybe I've missed that, but did she even announce to take legal measures or is it just a hypothetical discussion?
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Old 09-09-2007, 07:30 PM   #88
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Quote:
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I don't see what discrimation law was violated from the Civil Rights Act of 1964 -race, color, religion, or natural origin?
I believe he's referring to sexism.
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Old 09-09-2007, 07:35 PM   #89
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Originally posted by Vincent Vega
Maybe I've missed that, but did she even announce to take legal measures or is it just a hypothetical discussion?
She hired a lawyer, and appeared on TV with him.
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Old 09-09-2007, 07:38 PM   #90
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Ah, I thought she was on TV on her own.

So, next question: Would a lawyer even chose to represent her if there was no chance of winning the case? (In case he isn't just behind some money he could charge her)
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