DaniellaSilva is a reporter for NBC News, focusing on education and how laws, policies and practices affect students and teachers. Brian Schear recalled a Delta employee telling him that if he and his wife went to jail, their kids would be taken from them. At one point, a member of Delta staff can be heard telling the family: "This is a federal offence and then you and your wife will be in jail and your kids will be in foster care." It is the latest airline to be forced to apologise over onboard passenger incidents. Despite feeling they were in the right, Brian's wife, Brittany Schear, said the threat was terrifying. SEE ALSO: Delta threatens parents with jail for trying to use a seat they bought. You have to give up the seat or youre going to jail, your wife is going to jail and theyll take your kids from you, Schear said the airline staff told him, according to KABC. In a statement, Delta said it was sorry for the unfortunate experience, a day after Brian and Brittany Schear posted a video online showing them being told to leave a flight or be arrested during a dispute over a seat they had bought for their teenage son. ", "Wait," Schear says. The post was in response to another tweet criticizing the airline's handling of the incident which was captured on video that went viral a day earlier. ", "Trying to help us," Schear answers, "would've been not overselling the flight, and not trying to force us to get him out of that seat that I paid for, and holding this whole plane up.". You guys are unbelievable," Schear says near the end of the video. Which option do you want to take? a woman is heard telling him in the video. Delta apologizes after threatening parents with jail time over a seat You can use MyCase to: See your case history (a record of what has happened in your case) See the papers that have been filed in your case. However, Delta can remove passengers from flights for a whole list of reasons. The video appears to capture this threat, with a woman off-camera telling Schear that after he and his wife were jailed, their kids would be placed in foster care. For an optimal experience visit our site on another browser. ( bit.ly/2qD3dYH) "We are sorry. From there, the situation spun out of control. A California family says they were forced off an overbooked Delta Air Lines flight and threatened with jail time last week after refusing to give up a seat one of their young children was sitting in. Family says they were kicked off Delta flight after argument over child Another day, another airline saying "we're sorry." MyCase (Access your case online) - Utah Courts They wanted to put one of. He even has patents in his name. Delta Air Lines kicks US family off flight after row over toddler Schear disputes this claim, arguing that the boy had his own seat on their earlier flight to Hawaii and that itd be safer for him to remain in his car seat, rather than being held in his mothers arms. Central Utah Fishing | Utah.com Please join us in supporting and celebrating Public Media Giving Days by donating now! Years in Business: 30. Business Started: 7/9/1992. In it, Schear and crew members argue over. "Its a federal offense if you dont abide"an airline crews order. It was the middle of the night, we had no hotel to go to or a car. They were also threatened with jail and told their children could be placed in foster care. Those include being disorderly or annoying, as well as being barefoot, appearing intoxicated, having a contagious disease, smelling bad and so on. They oversold the flight. Executives from several airlines were present, but no one from Delta. Name changes are not permitted. This is a common practice among airlines. On the video, Brian Schear can be heard talking with a person off-camera - it is not clear whether that person is a Delta employee, a security officer, or somebody else. After the Dao incident, an American Airlines flight attendant was accused of violently taking a stroller from a woman with a baby, causing her to start crying. Schear put his younger son in Masons seat instead. "As we were leaving the plane, there's four or five passengers waiting for our seat. Can we please get it together, airlines? FAA safety regulations do not address airline policies for overbooking or boarding procedures.. And honestly, we didn't contact them. They wanted us to remove our 1 year old so they could give the seat to someone else. The incident has brought up several questions about aviation rules, from Delta's widely shared airline policy that children who are at least 2 years old must have their own paid seats to the Federal Aviation Administration's recommendation of car seats for kids who weigh between 22 and 44 pounds a range that includes most 2-year-olds. Our team has reached out and will be talking with them to better understand what happened and come to a resolution., WATCH: Video Shows American Airlines Flight Attendant & Passenger Confrontation, [protected-iframe id=098e6069c9e8cf1c1d2fb5bfbc89893d-62957618-107044925 info=https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Fphoto.php%3Ffbid%3D10209277918040455%26set%3Da.1529456031820.2071233.1097283145%26type%3D3&width=500 width=500 height=503 frameborder=0 style=border:none;overflow:hidden scrolling=no]. "We never thought it was going to get to the point where they were actually getting us all off the flight," Schear told CBS Los Angeles. In the clip posted to YouTube, an employee who identifies herself as Jenna tells Schear that a 2-year-old is not allowed to occupy his or her own seat because of Federal Aviation Administration regulations. A video of the April 23 incident was uploaded to YouTube on Wednesday and added to the list of recent encounters on airlines that have gone viral, including the dragging of a bloodied passenger off a United Express plane. Shocking video shows family thrown off Delta flight in seat saga. This story has been updated with a statement from Delta Air Lines. "What are we supposed to do when we get off this plane?" "Unbelievable. MyCase is an online system available from the Utah State Courts. The problem from the airlines standpoint is that the original ticketed passenger was no longer using the seat, and the plane was overbooked, although the airline denies the latter was the reason the family was kicked off the plane. Another person, who appears to be a Delta supervisor, tells him that federal rules require that children under 2 must stay in a parent's lap throughout the flight. Brittany Schear posted another Facebook message late Thursday night, saying that she and Brian appreciate the love and support shown and never imagined that our last 24 hours would be as they were.. Delta was notably absent. "What am I supposed to do when I'm off this plane?" Elevation is 5,500 feet. File. It was midnight in Maui and we had to get a hotel and purchase new tickets the following day. Brian and Brittany Schear, of Huntington Beach, were on a red-eye flight April 23 from Maui to Los Angeles when they got into an argument with officials after being told that they had to give. "Unbelievable. Brian Schear, seen here during an argument with Delta staff, says he and his family were forced off a flight from Maui because they put their 2-year-old in a seat Schear had bought for a different child. Delta Flight Kicks Family With Toddler Children Off Plane | Fortune A spokesman said the flight was not overbooked. "We are sorry for the unfortunate experience our customers had with Delta, and we've reached out to them to refund their travel and provide additional compensation," the statement read. After all, both passengers were his young children. Delta reimbursed the family, but did not disclose the amount. Point, blank, period. The House and Senate each held hearings on airline customer service this week, with lawmakers threatening to legislate better treatment of passengers if the airlines dont change voluntarily. They oversold the flight. Deltas goal is to always work with customers in an attempt to find solutions to their travel issues. The airline wanted them to give up a seat they'd paid for. A spokesman has said the flight was not overbooked. He then describes how he and his family had gotten onto the plane after passing through multiple checkpoints in the airport and at the gate, where the airline could have stopped them before they took their seats and set up their two toddlers in car seats. Brian Schear says his family were forced off the plane because it was overbooked Sigh. In the end, the family stayed in a hotel for the night, and got on another flight the next day. I just watched the Brian Schear video. "I'm not trying to cause a problem," Schear is heard saying on the plane as it sat on the tarmac in late April. I bought that seat, he said. In it, Schear and crew members argue over whether the seat he bought for his 18-year-old son could instead be used by his 2-year-old. Stipulation. When the flight was found to be overbooked, the Schears were reportedly told to give up the seat and hold the infant instead. Brian Shear is a principal at the Becker Law Group. The victim, Dr. David Dao, reached a settlement with . ", "It's a federal offense if you don't abide " the crew member answers as Schear cuts her off to say, "I bought that seat. Heres what happened in a nutshell: The Schears decided they wanted to use a seat they originally bought for their older son (who is 18) for their 2-year-old because it wasnt safe to hold a child on a lap for the entire flight. Divorce - Utah Courts "I mean, you and your wife will be in jail and your kids will be put in foster care. Our 2 year old was already asleep on the plane and our 1 year old just wide eyed watching everyone talk. Delta Apologizes for Kicking Family Off Flight - VOA Delta apologizes after California family booted from flight, threatened Delta Airlines Apologizes for Forcing Family Off Flight | Fortune Know your rights as a traveler on overbooked flights. Brian and Brittany Schear of Huntington Beach, California, said they were traveling with their two toddlers when they were booted from a Los Angeles-bound Delta flight from Hawaii. California family booted from Delta Air Lines flight after refusing to United and American have each apologized for the incidents. Sign up below to find out about upcoming programs first. Schears point was that hed paid for the seat all the same. Brian and Brittany Schear were on a red-eye flight April 23 from Maui to Los Angeles when they got into an argument with airline officials, who said the seat in question needed to be given to . With armed security personnel standing in the aisle of the plane, Schear says the airline would need to remove them. Video of a bloodied Dr. David Dao being dragged down an aisle went viral. California family says they were kicked off Delta flight after argument "It's out of my hands now," the airline employee later tells Schear. It also touched on the requirement that a person occupying a seat on a plane must be named on the ticket for it. With armed security personnel standing in the aisle of the plane, Schear says the airline would need to remove them. Anybody else suspicious of the man, Brian Schear, who was kicked off a Delta Airlines flight possibly being paid by United Airlines to create and record the situation? Schear can be heard arguing with someone off-camera, saying he wont leave the flight. He has since reached an amicable settlement with the airline. The California woman describes a nightmare in which the parents, with two small children, ages 1 and 2, had to suddenly leave the plane with no hotel or car lined up. }Customer Service, In a statement, Delta said it was sorry for the unfortunate experience,. The Schear family of Southern California says they were threatened with jail time and having their kids taken away. United and Dao reportedly reached a settlement after he suffered a concussion, broken nose and lost teeth. "He won't sleep unless he's in his car seat," Brian Schear explained to Delta staff in a video of the confrontation. Brian Schear said the family had initially purchased a ticket for their teenage son on the red-eye flight, but decided to send him home early so that their 2-year-old could have a seat on the plane. Federal regulations do not bar changing the name on a ticket as long as the new passenger's name can be run through a data base before the flight, according to a Transportation Security Administration spokesman. Delta apologizes for "booting" passenger off flight | Reuters It also comes a month after Dr. David Dao was forcibly dragged off a United flight for refusing to give up his seat on an overbooked flight. That did not happen in this case and we apologize.. According to Los Alamitos Patch, Brian Schear, his wife and their two infants were booted off a Delta flight from Maui to LAX, claiming the airline demanded the seats hed purchased for his children., He was told the flight switch was against federal policy., A flight supervisor said the child couldnt be in the airplane seat in a car seat.