Comment by cmiles8
1 day ago
You have the right to try and fly without an ID. The airlines also have the right to tell you to buzz off and get lost and the airport operator has the right to decide they don’t want you in the building and trespass you if you don’t scram.
This isn’t like the 1st amendment.
Public carriers like airlines are not allowed to refuse service for the reason of refusing to show ID.
They can refuse for other reasons, but the are not “in the loop” when passengers currently get screened by the TSA, which is where RealID is “required”.
They very much are in the loop if you get on a plane to fly internationally
You have an absolute "right to travel" (see the 14th amendment and other cases as recently as 1999), but you're also absolutely correct that "common carriers" can can refuse commercial service and you can be criminally trespassed from an airport, BUT TSA can not charge you a fee to attempt to fly.
Unlike other service providers, a common carrier by definition cannot refuse service to anyone willing to pay the fare in the tariff. Common carrier laws are some of the oldest consumer protection laws, enacted to protect travelers and shippers of goods against predatory and discriminatory pricing. Federal law recognizes the "public right of transit" by air, and requires boith airlines and Federal agencies to respect it.
This is only true for the "ticket purchase" not for the service itself.
Outside of ERs in exigent circumstances, any commercial enterprise in the U.S. retains the right to "refuse service" though the nuances of enumerated reasons backed by jurisprudence differ by industry and locale.
An airline can not refuse the "service purchase" unless the customer has been "banned" (technically a trespass statute), but they can refuse to "execute service" for a whole host of reasons including unforeseeable "Acts of God", logistics, or simply if the customer is intoxicated.
1 reply →
There are customers banned from airlines for various reasons.
But the airlines don't really give a crap, southwest started basically as an air bus, show up buy a ticket get on. No reservation, no id, nothing.
The airlines don't even check ID most of the time with these electronic boarding passes if your not checking luggage.
If you are flying domestically, the airline doesn’t care. They know that someone bought a ticket to get pass security and that ticket matched the ID of the person who got through security. They don’t lose money and thier is no increased safety risk.
They do check your ID for international flights
The airlines are not in charge of airport security. TSA, a government agency, handles that.
Kinda. https://en.wikipedia.org/wiki/Screening_Partnership_Program