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American Denies Teen to Board Flight Due to Down Syndrome, Family Says [VIDEO]

| September 4, 2012 | 20 Comments
American Airlines Boeing 757 Miami

American Airlines

American Airlines told a family their son could not board a flight to Los Angeles (LAX) because he has down syndrome and the airline did not want him sitting in First Class.

This is the claim by the Vanderhorst family of Bakersfield, California.

The Vanderhorsts were due to fly from Newark to LAX last night when the incident took place. The family says their son, 16 year-old Bede Vanderhorst, who has Down Syndrome, was denied boarding because he posed a ‘flight risk’.

Bede’s mother, Joan Vanderhost, recorded video of the incident with her cell phone, in which Bede is seen playing with his hat in an apparently non-obtrusive manner.

‘Vanderhost is heard sobbing on the video, telling the airline official that her family is being “singled out.”

“He’s behaving. He’s demonstrating he’s not a problem,” Robert Vanderhorst calmly said.

The family, who had upgraded their tickets to first class, were denied boarding and forced to rebook in coach seats on a later United Airlines flight.

The Vanderhorsts told KTLA they intend to sue the airline for violating Bede’s civil rights and the Americans With Disabilities Act.’

American Airlines is standing by their decision to deny Bede boarding, saying he was “agitated” in the waiting area.

Statement from American (in part):

“The young man was excitable, running around, and not acclimated to the environment.”

“The pilot attempted to calm him down and acclimate him to the surroundings. His efforts were not successful. For the safety of the young man and the safety of others, American Airlines offered to book another flight for the family.”

The Vanderhorsts said the pilot and crew never spoke with them or their son and they believe the airline didn’t want a person with Down syndrome in first class.

“We were not allowed on the plane because they saw my son and made a decision,” Joan Vanderhorst said.

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  1. American Airlines Responds to Down Syndrome Flier Incident | September 7, 2012
  1. Chris says:

    I’d hate to side with AA here, but i doubt this family will have any luck with their complaint. Time and time again, it’s been proven that one’s disposition (whether coming from a disability or the decision to drink too much alcohol) will not be an excuse to interfere with the safety of others. After reading this story carefully, it’s clear we’re missing something. The boy must have been visibly agitated prior to boarding and causing a scene. The pilot do have the right to deny boarding to anyone he/she feels may pose a risk to others on a flight, whether they have a disposition such as this or even if they’re drunk. If a passenger has had too much to drink and causes a disruption prior to boarding, the gate agents will deny them boarding. Even if the passenger quickly gains composure, too bad but they’re still denied.

    I feel for the family, and it may have been that the boy would have calmed down for the flight, but a passenger’s behavior (whether it be from disposition or not) prior to a flight can and will affect their allowance to fly.

  2. Phil says:

    I’ll withhold judgement. We don’t know the full details, both parties have a reason to skew the facts their way( not accusing, just being realistic), and the stories are so far apart someone is obviously blowing smoke.

  3. Lee Ferrara says:

    I agree with both of you. Let’s see if we can get all the facts.

  4. EI-EBB says:

    How can a 16 years old kid with down syndrome be any type of threat for the safety of a flight? Sorry but for me there is no doubt American Airline is in the wrong. I hope this will go to court and that AA loose.

    • Chris says:

      It could be anything from the boy not being able to follow crews’ instructions, to the boy becoming agitated in flight and causing a disturbance to the crew and fellow passengers. I have seen passengers denied boarding for something as simple as having “body odor” and wearing a shirt with a curse word on it. There is a very gray area here, and unfortunately the way things are today, the airline has the right to deny boarding to anyone they feel might be a disturbance, no matter their disposition. I admit it’s very sad and unfortunate for this family, but without more information it’s hard for us as the general public to make any assumptions as to what “really” went on before the camera started. For the pilot to deny the child boarding, he must have really been acting up…

  5. Phil says:

    I see three cautious and level-headed commentators, and one knee jerk reaction. There is another post on this board that UA and AA are being sued for negligence for allowing the WTC hijackers onto their aircraft. You can’t sue an airline for negligence and scream for blood when they excercise discretion in who they allow to board. Pick a side and stand on it.

    Private businesses have always maintained the right to deny service for a variety of reasons. When did flying become a right?

    • Chris says:

      That’s a very good point, Phil. Flying is indeed a privilege, not a right.

    • Turtle-siobhan says:

      Americans with disabilities act is a federal law actually. It is illegal to deny someone your service on the basis of disability. Too bad if you’re a private business. The law still applies.

      • Chris says:

        The airline did not deny it’s services to the child because of his disability- they denied him boarding because of his behavior and poor disposition. If a blind man applies to be a pilot, he will be denied NOT because of the simple fact that he can’t see, but rather because of his inability to land an aircraft. The law states that an individual shall not be discriminated against because of (and for the sole presence of) his/her disability. In this case, the child was denied because he presented inappropriate behavior, not for the simple fact that he has a disability. If an average child (or anyone for that matter) presented the same behavior, they would too be denied boarding.

  6. Tony says:

    I concur theoretically here but why would they be willing to board him later in economy ? If the young man was identified as a flight risk would that not propagate to all flights ?

    • Ed Jeszka says:

      I also am withholding judgement until the facts come out and aren’t quite as contradictory. Intoxication is covered in the regs if I am not mistaken. Down syndrome doesn’t ring a bell. I am also confused why American was willing to book the family on another flight if this young man posed such a serious threat to safety. Or was it a first class vs cattle car issue? Don’t disturb the first class passengers with a 16 year old with a disability. I am sorry but if it smells like a bad call, and looks like a bad call and excuses are being made to include how they were going to re-book later. I have a tendency to side with mom and dad. We can’t all be football players or actors. You have done a disservice to your name if this comes out like I think it may. I’m waiting to see.

    • Chris says:

      I don’t think the change to first class made a difference. Without more info i don’t know for sure, but i’d hazard a guess that the child was simply distraught for this flight vs the other times. Everybody has a bad day every once in a while, and that’s true for everyone, even people without disabilities.

  7. Turtle-siobhan says:

    Sorry, ADA violation. People may not like having a person with a disability near them, but he still has the right to fly as long as he has calmed down. The pilot probably didn’t know how to deal with a person with Downs syndrom (who by the way tend to be non-violent and LESS likely to be a risk than others) and probably freaked to poor kid out.

    • Chris says:

      Turtle, that’s not true. Whether the boy calmed down or not, it doesn’t make a difference. Crews have the right to deny boarding to any passenger presenting inappropriate behavior prior to a flight. It is not the job of airline staff to analyze the rational of a passenger’s behavior. The other day i got pulled over and i told the officer i wouldn’t do it again- guess what? I still got a ticket.

  8. Rhiannon-Fergus says:

    When listening to the family’s version and comparing it with the AA’s version and then hearing that United seated them in the back with no one around them…. it gives one pause. This whole scenario does not make sense. And when something doesn’t make sense something is being left out. In this case it could be any or all of those involved who are not being completely honest. It could even be that several things are being withheld. I’d like to hear from a person on the original plane who witnessed the incident. The whole story is out there. it just isn’t in the above version.
    I’ve been in coach when a child would not settle down even after the pilot tried to help calm the child. The child would not sit and wear a seat belt and they were calmly escorted off. The pilot’s duty is not just to one child or one family. It is for the safety of the entire plane & flight crew.
    I want to know “the rest of the story,” before I make a judgement.

  9. Ronnie says:

    I’m almost not interested to comment here, but for the sake of adding an opinion, how’s this… What should a passenger be doing on a commmercial airline flight? Just think about it. For me, its to sit in your allocated seat, lean back and relax and enjoy whatever service is provided. That means, you’ve already selected your airline, fare, cabin class, and so forth. The next thing is to respect and not disturb the other passengers. All this, is for a 1-2-3-4 hour flight. Are you capable of that, or do you have to be agitated, mobile, vocal, demanding and essentially disturbing. OK if you ask me, First Class is a special area where passengers have paid a lot of money to relax, enjoy excellent service and not be disturbed. Need I say more?

    • Chris says:

      EI-EBB, i’m sure your comment will be edited once a mod recognizes your name calling, but until then i have to interject. I think you’re having difficulty grasping the rationale behind the airline’s discretion in denying the child boarding. Like Ronnie has said, passengers are held to a certain level of professionalism while on a flight. Just as automobile passengers are required to follow laws while driving (in my state drivers and passengers are required to wear seat belts, also children must be harnessed in a car seat, etc) airline passengers must also maintain a certain level of safety and be able to follow all crew instructions (turn off electronic devices <10k ft, recline seats for takeoff and landing, etc). If a passenger presents behavior prior to a flight which gives the crew any indication that they might have difficulty performing these tasks aboard a flight, the crew is legally required to deny them boarding. I don't think the airline's decision to deny the child boarding has anything to do with him being in first class… The airline also did not deny the child boarding for the simple fact that he has a disability, but rather for his apparent difficulty sitting still, remaining quiet when told, and inability to follow instructions.

      I remember a case where a passenger needed a portable oxygen tank to survive, and the airline denied them boarding for the fact that oxygen tanks are NOT allowed on any flight for safety reasons. The passenger clearly had a disability requiring them to have oxygen, but the airline was forced to deny them boarding. It's as simple as that.

  10. Mike says:

    A security threat? Please. I would be more worried about a drunk passenger than I would be with this young man. I hope they sue American and win.

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