A 40-year-old Milwaukee man whose wrong-timed bathroom excuse on a Delta flight in April went viral after his eventual ejection was caught on cellphone cameras has prosecuted the airline in claim of racial discrimination.
In a case filed on Tuesday in Wisconsin federal court, Kima Hamilton, a black man, accused Delta Air Lines of violating his civil rights and booted him from the Milwaukee-bound flight if he was a white.
The incident started when Hamilton’s plane was delayed on an airport terminal in Atlanta. According to Hamilton, an art teacher, he seriously needed to make use of the bathroom and was aware of the announcements asking passengers to remain on their seats.
The lavatory was few steps away, a flight attendant resisted him before he could get there and told him that if he so desired, the pilot would have to be informed and the plane would lose its place in line for takeoff.
However Hamilton could not stand another 7 to 10 minute more delay, he said, and was “experiencing an emergency.” Again, he said, he was warned not to get up.
“At this period, Hamilton had to make a strict decision between relieving himself in the lavatory or in his clothing,” suit stated. He eventually decided to go to the lavatory— which will take him about 30 seconds to get there, the suit said.
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That brought about series of events that resulted the plane to turn back to the gate and have Hamilton ejected.
Other passengers took out their mobile phones to capture employees conversing with Hamilton, who was infuriated and could be heard asking the reason he had to be removed. Watch the footage >>>HERE
“Mr. Hamilton was never aggressive. He’s really polite. He only asked for explanation all through,” passenger Michael Rosolino told NBC affiliate WTMJ.
Hamilton’s lawsuit said other look alike incidents have happened which involved white passengers who were permitted to stay on their flights. His case was one that need serious investigation over passengers being removed from airplanes for different reasons.
Delta made a statement at that time that their flight crews are “highly trained to ensure maximum safety and security of all customers.”
Half of Hamilton’s flight was refunded, however he had to pay times 3 to book a new flight home, he said.
His lawsuit seeks unstated compensatory and corrective damages. His attorney couldn’t be quickly met for further comment on Thursday.
Delta, in a statement, mentioned that it’s “imperative” that passengers adhere with crew directions “in all phases of flight, most importantly at the critical points of takeoff and landing, which our findings shows that this customer didn’t do.”
The airline went further saying it takes claims of discrimination very serious, but refused to comment further mentioning pending legal case.
Credit : NBC