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I was aboard KLM flight #1664 Barcelona to Amsterdam yesterday Monday September 1, 2008. I was sitting on an exit row seat 15F which is the middle seat. My wife was on seat 15 F window seat next to the emergency door. We selected the seats for the extra leg room. About 0545 hrs I was approached by the lead flight attendant and told that I cannot seat there because I have a handicap. ( She was above average height for a woman. She had on a light blue suite and I believe she had either 3 or 4 gold stripes on the sleeves of her jacket. ) She was direct and to the point. This is not the first time that I was on an exit row. I have use many other airlines as well as taking a seat on an exit row. This is why I was surprise when she told me that I had to move not giving me much of a choice. I was expecting the question that I have been asked each time I have taking an exit row seat. The question has always been are you willing and physically able to performed the required function. This is how the FAA governs rule Sec. 121.585 - Exit seating. I am very familiar with the proper protocol and language that the flight attendant needs to use to address the safety concern, but that was not the case about KLM flight #1664 on Monday September 1, 2008. I was clear on how I explain my position to the flight attendant. I had mention to her that I am willing and physically able to performed the required function. In fact I mentioned to her that this has not been an issue for the last 38 years and that I have flowing with many airlines. She was irrational and rude with her demeanor. She told me than there was seat in the back for both of us. We politely told her that the seat in the back are small and have no leg room that we had specially requested the exit row seats for the extra leg room. This conversation that was more like a confrontation took 3 to 5 minutes. She kept insisting that I had to move out of the exit row and that I cannot sit in 15F. With her not backing down it was clearly evident that her ignorance and lack of hospitality and listening skills had gotten the best of her. This is when she was more aggressive with her language and body gestures.
I was being discriminated. I have never been embarrassed and talked down to like that before. I am a paying guest on your airline and this is how you treat me, it was a very uncomfortable situation. I had all the passengers looking at my some standing up and looking at me. Other passengers that we entering the plane we’re staring at the actual discussion while waiting for the flight attendant to clear the isle.
I cannot explain in words how I was feeling, but it was evident that my rights we’re denied and I was discriminated because of my hand. The embarrassment that my wife also had to endure next to me is unacceptable. For the record I have a malformation on my right arm making it small and with 2 fingers. I’ve had this since birth and never has been a handicap. I can carry out all the normal activities that the average person performs daily. In fact I can play many sports that utilize both arms including weight lifting (bench pressing) never has been an issue with any other airlines and I have previously taking an exit row. Close to 5 minutes after the conversation started she mentioned that she had open seats in business that would have more leg room. We we’re tired of going back and forth with her about rules and regulations and we wanted to make the situation better since we had no choice; so we agree to move. The Gentleman that sitting next to me in the isle seat 15D was a Dutch National.( His name will not be revealed at this time ) He was also embarrassed and apologizes on behalf of the flight attendant.
He was so ashamed that end up apologizing to my wife and me. The more I think about, the more upset I get.
We end upon seats 2A, and 2B. In business class she served us the same type of food that everyone in coach received. At that point it was obvious that she was not being consistent with us and continues to single us out. This was evident because the other guests in business class had a full meal and we had sandwiches.
The more I think about, the more upset I get. Her approach was unnecessary and discrimination and a violating of my rights.
I can now understand how Rosa Parks felt back in on December 1, 1955 in Montgomery Alabam when she was asked to seat in the back of the bus because she was black. That was a violation of her civil rights. This is about the same type of scenario I feel. How do you define that I am handicap. Is this an assumption by a person, a perception or a judgment call. I could easily open the exit door and I will prove a point that I was discriminated and miss treated aboard your airline. As a member of the sky team alliance I would assume that they have to follow FAA regulations that appear on Sec. 121.585 - Exit seating.

Edited by XXXXXXXXXX on 9/5/2008 at 4:18 PM

Submitted: 443 days and 18 hours ago.
Category: Legal
Value: $5
Status: AWAITING CUSTOMER ACTION
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Posted by PaulMJD 443 days and 18 hours ago.

Answer

Unfortunately, the FAA rules apply to only US carriers and US flights, not to foreign carriers on foreign flights. Other countries do not have the same rules or laws regarding discrimination as they have in the U.S. and they are not bound by those laws in foreign flights. Regardless of their alliance, that is a business alliance and they are not bound by FAA rules on foreign flights that do not originate or terminate in the US.


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442 days and 14 hours ago.

Reply

I don't agree with your answer. I was able to locate some information on the web from

the International Airline Safety Alliance contrary to what your saying. It's evident that your knowledge lies on US policy only. I will seek counsel from an expert in the field.

 

Thank you

IV

.

Answer

Then good luck to you, you asked about FAA regulations and I gave you your answer regardnig FAA regulations. It is obvious that you do know more about this, so I am sure you will be able to resolve it.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/7/2008

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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