Delta Pressures Feds to Create National Air Rage No-Fly List

The letter, which was sent to U.S. Attorney General Merrick Garland, requests that anyone on the list be barred from traveling on any commercial air carrier. Such a list “will help prevent future incidents and serve as a strong symbol of the consequences of not complying with crew member instructions on commercial aircraft.”

In a statement to FLYING, Joshua Stueve, spokesman for the U.S. Department of Justice said: "The Department of Justice is continuing to prioritize the investigations and prosecutions of those who engage in criminal behavior that threatens the safety of passengers, flight crews, and flight attendants. We are fully committed to holding accountable those who violate federal law. We will be referring Delta‘s letter to appropriate departments."

It’s been nearly two years since the coronavirus pandemic crippled the airline industry and required the wearing of face masks. As passenger traffic inches closer to pre-pandemic levels, mask requirements continue to trigger in-flight disruptions across multiple airlines. 

In lieu of a federal no-fly list, carriers have been keeping their own internal lists of disruptive passengers and issuing bans. Interfering with the duties of an airline crewmember is a violation of federal law. And last year, responding to unruly incidents, the FAA issued hundreds of thousands of dollars in fines.

The federal government has been flagging suspected terrorists for decades on a no-fly list that was a response to the 2001 terrorist attacks. But now, widespread unruly incidents in the skies have prompted calls for a similar coordinated list for bad behavior.

Delta (NYSE: DAL) now says it has banned nearly 1,900 people from flying and shared more than 900 names with federal authorities for prosecution. 

“We’ve also asked other airlines to share their ‘no-fly’ list to further protect airline employees across the industry—something we know is top of mind for employees as well,” Delta said in a September 23 news release. “A list of banned customers doesn’t work as well if that customer can fly with another airline.”

A memo from Eric Phillips, senior vice president ACS and cargo operations, posted on Delta’s website in September said, “any unruly customer behavior, and harmful actions against our team members, will not be tolerated. Anytime a customer physically engages with intent to harm, whether in a lobby, at a gate or onboard, they are added to our permanent no-fly list.”

United Airlines (NYSE: UAL) reportedly is also keeping an internal no-fly list, which is said to include more than 1,000 names.

The FAA says it is strictly enforcing a “zero-tolerance policy” for such behavior. Last year, the agency counted 5,981 such reports nationwide—4,290 were mask-related. As of February 1, this year’s tally is already up to more than 320 incidents—205 of them related to face masks. For the week ending January 23, that’s about 4.9 reported incidents per 10,000 flights, according to the FAA.

On Capitol Hill, the chairman of the House Committee on Transportation and Infrastructure, Rep. Peter DeFazio, has called for a strong response by the FAA to the rise in so-called “air rage incidents.”

“Recklessly refusing to wear a mask during the deadliest pandemic in a century is dangerous enough, but punching flight attendants, running for the cockpit door, assaulting other passengers, and the litany of other outrageous incidents reported in the press requires a strong federal response, and I want to ensure that the FAA has the legal tools and authorities necessary to put these incidents to a stop,” DeFazio said.

In October, U.S. Transportation Secretary Pete Buttigieg told CNN that a no-fly list for unruly passengers "should be on the table.” 

The letter from Bastian seems to be an attempt to apply additional pressure to federal officials to create such a list.