I

U,S,

Deporiment

Southwest Region
Arkanss, Louisiana.
New Mexico. Oklahoma

of Tronsporiotion
Federsl Aviolion
Adminislrotion

Texas

Otfrce of Regional Counse

2601 Meacham Boulevard
Fort Worth, TX 76137
(817) 222-5099
(8 1 7 ) 222-5945/5092 FAX

August 4,2010

Sent FEDERAL EXPRESS

Case No. 2009SW290135

ORDER ASSESSING CIVIL PENALTY

You were advised through a Final Notice of Proposed Civil Penalty that the FAA
proposed to assess a civil penalty in the amount of $11,000.00.
After considering all the evidence in this matter, including the documents you provided
to Mr. David Donnell, Managing Attorney for the FAA and pursuant to the settlement
agreement reached by the parties, the Administrator has determined that:

1.

On July 9, 2008, you were a passenger on board Southwest Airline, flight

1934, an air carrier from Jacksonville, Florida (JAX), to Fort Lauderdale,
Florida (FLL).

2.

On the flight described in paragraph 1, you were asked multiple times to

put your seatbelt on for landing.

3.

As the flight was preparing for landing, you were asked by flight
attendant, Maxwell, to put your seatbelt on and to shut off your cell
phone.

4.
5.
6.

You disregarded the flight attendants instructions.

7.

The flight attendant took your cell phone.

A physical altercation ensued in which you and a flight attendant

exchanged blows.
Several male passengers stepped in to separate you from flight
ttendant, Roark, while flight attendant, Asbury, observed you reach
between the assistants and punch, Roark, in the face for the second
time.

8.

Flight attendant, Maxwell, notified the cockpit of the situation.

9.

The Captain requested Security meet the flight.

10.

You got out of your seat and started yelling you wanted your cell phone
back because you paid $800 for your ticket and you had obeyed every

11.

The Flight attendants told you to sit down and put your seatbelt on as the
flight was about to land.

rule.

12.

You finally sat down prior to landing.

By reason of the foregoing facts and circumstances, you violated the following Federal
Aviation Regulations (FAR):

a.

Section 121.306(a), was violated when you operated a portable

electronic device on the aircraft contrary to the instructions of the air
carrier, and;

b.

Section 121.580,was violated when you interfered with crewmembers in

the performance of their duties aboard an aircraft being operated under
this part.

THEREFORE, lT lS ORDERED under 49 U.S.C. 546301 that you are assessed a civil
penalty in the amount of $4,000.00.

However, in light of the conflicting evidence as to how the physical

altercation began and who was at fault, we have concluded that a reduction in
the civil penalty amount from $11,000.00 to $4,000.00 is warranted. The amount
of $t,750.00 is deducted since you submitted evidence of costs expended
surrounding this event. You have agreed and are required to pay the balance of
$2,250.00 in accordance with the signed Promissory. Note.
You are ordered to pay the assessed amount of $2,250.00 in accordance with the
signed Promissory Note by mailing or delivering checks or money orders payable to
"Federa l Aviation Ad m in istration, " add ressed to Sonny Rogers, FAA/MMAC/AR,
AMZ-350-SW, P.O. Box25770, Oklahoma City, Oklahoma 73125. Please be sure to
indicate the Gase Number on the front of your checks or money orders. We also
accept payment by VISA or MasterCard. lf you choose to make payment using the
charge card method, please provide us with the credit card number, expiration date,
and cardholder's name. ln the alternative, you may pay your civil penalty with a credit
card over the lnternet. To pay electronically, visit the web site at http://pay.qov and
click on "Agency Lisf' under "What FederalAgencies Can I P"y;" then click "Federal
Aviation Administration" in the "A to Z lndex of U.S. Government Departments and
Agencies," which will bring you to the "FAA Givil Penalty Payments - FAA

Southwest Region" page. You must then complete the requested information and
click "submit" to pay by credit card.
The amount of civil penalty assessed in this Order constitutes a debt owed to the
United States. You have now exhausted your right to seek review of the validity or
amount of this debt. lf payments on this debt are not paid in full within 30 days of
yrhen each payment is due, the debt is considered delinquent. For delinquent debts,
federal regulation (49 CFR 589.23) requires us to charge interest from the date of this
Orde at a fixed annual rate of LO9/o, along with an admnistrative charge of $12.00 per
month, representng our costs of administrative collection. Furthermore, if the full
amount assessed is not paid in full in accordance with the terms of the promissory
note, we are required to assess an additional penalty at an annual rate of 3.259/o,
accruing from the date of delinquency. Delinquent debts may be reported to consumer
reporting agencies or commercial credit bureaus, which could adversely affect your
credit rating. Nonpayment of this debt may ultimately result in a referral to a collection
agency, the Treasury Department,.or to the United States Department of Justice for
enforced collection.
LYNETTE WORD
Regional Counsel
Southwest Region

By:

f*

fu-l X?*,!-!L

Yolanda Ayala Bernal

Attorney
Safety Enforcement Branch
TEL: (817) 222-5070
FAX: (817) 222-5945 or 5092
e-mail : Yol and

a.

A. Bern al@fa a.oov