Southwest airlines cancelled flights over the Christmas holiday. The passengers in Nashville who were stranded at the gate by these cancelled flights were standing at the counter, wanting solutions. What they got was a cop threatening to arrest them. What happened was this:
The flight was cancelled. The ticket agent didn’t want to deal with irate customers, and instructed police to have the people removed. The theory that the cop is using is: The flight was cancelled, therefore your ticket has also been cancelled. Since you can’t be in the sterile area without a ticket, you are now trespassing.
The only problem is that this is a bullshit argument. The ticket represents a contract between the passenger and the airline. There was an offer, an acceptance of that offer, and valuable consideration changed hands. The fact that one party (the airline) failed to perform under the terms of that contract doesn’t mean that the contract no longer exists, nor does it mean that the person who is the victim of this nonperformance is a criminal. What is happening here is the cop is inserting himself into a civil matter to the benefit of the party that has breached the contract.
That ticket is still a valid contract. The fact that the airline has chosen not to perform (no matter if that is a good reason or not) doesn’t cause the ticket to cease to be a contract. A person who is merely standing in line and inquiring as to what the other party is going to do to remedy the situation is not a crime, nor is it evidence of a crime.
Why do airlines get special police protection? Can I call the cops if McDonald’s fails to include the fries in my combo meal? Can McDonald’s call the cops if I pay for food that they can’t deliver, but I am still standing there with a valid receipt, waiting for my food or at least a refund?
For years, airlines have overbooked, oversold, and failed to honor the terms of their contracts. It is long past time that people demand a change to these practices. What other industry would get away with selling more of a product than they are capable of delivering? Can a car dealer sell more cars than they have or can reasonably provide?
This cop is an asshole, but then again most of them are. The Nashville airport has issued an apology, but that doesn’t change the fact that police officers have no business inserting themselves into a contract dispute. Honestly, it is stuff like this that makes me think perhaps we WOULD be better off if the police were defunded.