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At least 4 jets strand Conn. passengers for hours



 
 
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  #11  
Old November 1st, 2011, 03:01 AM posted to rec.travel.air
DevilsPGD[_3_]
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Posts: 79
Default At least 4 jets strand Conn. passengers for hours

In message someone claiming to be Fly Guy
typed:

DevilsPGD wrote:

Constitutional rights only impact on governmental actions,

No, I think constitutional rights apply to the private sector as
well.


You should read up on that. (Hint, it's governmental action only.)


Can an airline have a policy where blacks are seated at the back of a
plane?

Regardless of the economic or PR impact such a policy may have, can they
legally have such a policy?


No; but not due to constitutional restrictions, there are other laws
which prohibit such (or rather, which define penalties for doing so)

--
It's always darkest before dawn. So if you're going to
steal your neighbor's newspaper, that's the time to do it.
  #12  
Old November 1st, 2011, 05:06 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

Kurt Ullman writes:

Constitutional rights only impact on governmental actions, not the
actions of a private entity.


Completely false. Every entity must respect most Constitutional provisions,
not just the government.

The best you might be able to do might be
kidnapping or something similar because you were held against your will,
but I wouldn't want to press it.


I would. In fact, I'd just open the door, blow the slide, and leave.
  #13  
Old November 1st, 2011, 05:07 PM posted to rec.travel.air
Mxsmanic
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Default At least 4 jets strand Conn. passengers for hours

Kurt Ullman writes:

Again, that is most likely subject to availability of crews to bring
the stairs around, was there any place in the overcrowded airport to
move the planes that did not violate other FAA rules?


Which FAA rules do you have in mind, specifically?
  #14  
Old November 1st, 2011, 05:15 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

DevilsPGD writes:

You should read up on that. (Hint, it's governmental action only.)


No, it's not. Constitutional provisions apply to the government only when they
specifically say that they apply to the government only or when this is the
only possible interpretation. Otherwise they apply to everyone. States cannot
pass laws that conflict with the Constitution, even though they are not part
of the Federal government. And individuals and corporations cannot engage in
practices that conflict with the Constitution, either. There wouldn't be much
point in having a constitution if only the government had to obey it.
  #15  
Old November 1st, 2011, 05:38 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

Fly Guy writes:

Can an airline have a policy where blacks are seated at the back of a
plane?


No. It's prohibited by 49 USC § 40127, Prohibitions on discrimination,
paragraph (a). Paragraph (b) imposes the same prohibition on airports.
  #16  
Old November 1st, 2011, 05:39 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

Sancho Panza writes:

A law passed by Congress and signed by the President prohibits that.


You know, it's not that hard to actually look things up.

The "law passed by Congress" is 49 USC § 40127. The authority to pass this law
is granted to Congress by the Constitution.
  #17  
Old November 1st, 2011, 05:40 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

Kurt Ullman writes:

That is written law, not constitutional.


The Constitution is written, too, and it grants authority to Congress to pass
laws.
  #18  
Old November 1st, 2011, 05:40 PM posted to rec.travel.air
Mxsmanic
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Posts: 5,830
Default At least 4 jets strand Conn. passengers for hours

DevilsPGD writes:

No; but not due to constitutional restrictions, there are other laws
which prohibit such (or rather, which define penalties for doing so)


The "other law" is 49 USC § 40127 (a). I guess I'm the only person here who
actually looked it up rather than try to bluff my way through it.
  #19  
Old November 2nd, 2011, 12:21 AM posted to rec.travel.air
Fly Guy
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Posts: 193
Default At least 4 jets strand Conn. passengers for hours

Regarding the aspect of this thread pertaining to the (US) constitution
(and you'll have to forgive me because as a Canadian, while I know more
about the US constitution than my own "charter of rights and freedoms" I
don't know it all),

It does seem that the US constitution does not really govern the legal
relationship between US citizens - be they real citizens (ie - human
beings) or corporations. Only between the gov't (perhaps any level of
gov't) and citizens (as well as perhaps between different levels of
gov't).

The concepts that the constitution speaks to are not really ones that
exist between citizens.

For example, an individual or even a corporation can not take away or
impact my right to free speech or my ability to perform free speech. An
employer may fire me for excercising free speech, but they can't
imprison or fine me or take away my property (or life, or liberty, etc).

But with regard to holding me on a plane for 7 hours against my will,
here we have a corporation (a legal person) interfering with my
liberty. Unless this has already been dealt with by the supreme court,
I say that it's high time that it should be.
  #20  
Old November 2nd, 2011, 02:30 AM posted to rec.travel.air
Kurt Ullman
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Posts: 1,653
Default At least 4 jets strand Conn. passengers for hours

In article ,
Mxsmanic wrote:

Kurt Ullman writes:

Constitutional rights only impact on governmental actions, not the
actions of a private entity.


Completely false. Every entity must respect most Constitutional provisions,
not just the government.


Nope. I can kick you off my property at will even if you are OWS and
are occupying. No repercussions because there is no requirement that I
give you freedom of speech. Etc etc. etc.
The first amendment, for instance, says specifically that Government
shall not, etc.


The best you might be able to do might be
kidnapping or something similar because you were held against your will,
but I wouldn't want to press it.


I would. In fact, I'd just open the door, blow the slide, and leave.

But then you have violated (techically anyway) violated federal law
and you could be subject (technically anyway) to criminal prosecution.

--
People thought cybersex was a safe alternative,
until patients started presenting with sexually
acquired carpal tunnel syndrome.-Howard Berkowitz
 




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