Capt. Wendy Morse, ALPA’s first vice president and national safety coordinator, discusses unruly passenger incident reports for 2022.

Cell phone footage from United Airlines Flight 2609 from Los Angeles, Calif., to Boston, Mass., on March 7 rapidly spread on social media channels. Passengers aboard the flight shot videos of Francisco Severo Torres standing in the B-757 aisle, shouting threats. Prior to this outburst, Torres attempted to open an emergency exit door mid-flight. He later lunged at a flight attendant with a broken metal spoon.

Torres was soon restrained by the flight’s other passengers and, upon arrival at Boston Logan International Airport, was arrested and charged with attempted interference with flightcrew members and attendants using a dangerous weapon.

Despite the zero-tolerance policy established by the FAA and the Transportation Security Administration (TSA) during the COVID-19 pandemic with fines of up to $37,000, instances of unruly passenger behavior have become daily occurrences for the airline industry. This harsh reality recently served as the backdrop for ALPA’s in-flight crimes symposium titled “The Fight Against Crime in Our Skies: A Look at the Disturbing Increase of Criminal Activity Onboard Commercial Aircraft.”

Held April 25–26 at the Association’s McLean, Va. offices, the conference brought together aviation security subject-matter experts from U.S. and Canadian airlines, labor, government, and law enforcement to discuss trends, how to better collaborate, and considerations for curtailing future confrontations.

“We believe this meeting will facilitate conversations and serve as a catalyst for positive change in the aviation ecosystem,” said Capt. Wolfgang Koch (Delta), ALPA’s Aviation Security chair. Koch co-moderated the two-day event with Capt. Darrin Dorn (Alaska), the Association’s Aviation Security vice chair, who observed, “It’s important that we get all key stakeholders together to continue the conversation on reducing crimes aboard aircraft and ensuring we’re keeping individuals accountable.”

Capt. Wendy Morse, ALPA’s first vice president and national safety coordinator, noted in her opening remarks to the group, “In 2022, the FAA received 2,456 unruly passenger incident reports, resulting in the initiation of 831 investigations and 567 enforcement actions. We all need to work together to figure out how to keep the people who cause these incidents from boarding flights and find better ways to prevent these dangerous situations from occurring.”

Morse applauded the recent reintroduction of the Protection from Abusive Passengers legislation (S.1058, H.R. 2394), which, if enacted, would create a nationwide no-fly list for those convicted or fined for interfering with flight crews during the performance of their duties. She also stressed the importance of “having at least two pilots on the flight deck, ensuring that when problems arise in the cabin, there will always be one pilot to manage and one to fly the aircraft.”

Codifying Crime

In March 1974, the International Civil Aviation Organization (ICAO) established Annex 17, outlining standard procedures and guidance for civil aviation in addressing disruptive onboard conduct. The text describes unruly behavior as “a passenger who fails to respect the rules of conduct at an airport or on board an aircraft or to follow the instructions of the airport staff or crewmembers and thereby disturbs the good order and discipline at an airport or on board the aircraft.”

ICAO’s member states have taken subsequent action. The United States, several years after the 9/11 terrorist attacks, developed the Common Strategy—a standardized approach for communicating among airlines, flight crews, the FAA, and the TSA during instances of in-flight crime. Common Strategy identifies four distinct threat levels created by ICAO to help crewmembers better understand their responsibilities and the appropriate response. The four stages include:

• Level 1: Disruptive behavior—suspicious or threatening,
• Level 2: Physically abusive behavior,
• Level 3: Life-threatening behavior, and
• Level 4: Attempted or actual breach of the flight deck.

Effective communication is imperative when in-flight crimes occur, and a series of networks have been created to better disseminate the latest intelligence. Scott McShaffrey, assistant administrator of the TSA’s Flight Operations Division, talked to symposium attendees about the importance of the Transportation Security Operations Center (TSOC) in coordinating with the Department of Homeland Security (DHS), the FAA, the FBI, and other law enforcement and security agencies. Through the TSOC, these groups are able to analyze and monitor security-related concerns.

Joe Heuser, group manager of Tactical Operations for the FAA’s Systems Operations Security, addressed another important communication link—the Domestic Events Network (DEN). He explained that the DEN connects air traffic control facilities across the United States with other governmental agencies to provide timely notification when there’s an emerging air-related problem or incident.

Capt. Wolfgang Koch (Delta), ALPA’s Aviation Security chair, at podium, co-moderates the two-day event with Capt. Darrin Dorn (Alaska), ALPA’s Aviation Security vice chair. 

Operational Perspectives

Two symposium panel discussions gave high-ranking security officials from the airlines, government, and law enforcement an opportunity to speak candidly about recent events and their observations. In the first panel, which provided a domestic operations perspective, Alexander Blanchard, the Major Crimes Unit chief of the U.S. Attorney’s Office, acknowledged that for many of the cases his office has prosecuted, “Intoxication is a common denominator.” He also highlighted the use of illegal substances and the presence of mental health issues as two other leading factors.

“Airline CEOs, you can’t spend enough on training your flight crews to deal with these situations,” David Rodski, an FBI airport liaison agent assigned to Baltimore-Washington International (BWI) Airport, told the group. Rodski observed that some flight attendants aren’t trained in de-escalation techniques. He added that self-defense classes should also be a part of their required curricula.

“We’re getting better at reporting and highlighting these onboard instances,” said Dan Kuhn, deputy branch manager from the TSA’s Aviation Programs Branch. Kuhn reminded symposium participants of the importance of providing plenty of details when forwarding information about these incidents because it helps significantly with prosecution efforts.

Bryan Kobos, the director of Security at Sun Country Airlines, recounted an event in which a passenger ripped a toilet out of an aircraft lavatory. In bringing this kind of case to court, Kobos emphasized the snowballing costs that can accumulate for the carrier, noting, “The judge needs to hear how deeply these events affect airlines and their operations.”

Armen Adzhemyan, senior counsel for Delta Air Lines, provided another example, recalling an incident in which a flight attendant was punched in the face. He observed that the flight attendant required stitches, current and downline flights were canceled, and many passengers were displaced. “This is a much more serious offense than speeding on the highway,” he asserted.

Those who participated on the international panel had similar accounts. Alexandra Orr, United Airlines manager of Corporate Security, observed that her carrier is currently averaging four disruptive passenger incidents a day. She added that 40 percent of United’s assault cases involve sexual assault.

Peter Herron, manager of Corporate Security for Jazz Aviation, commented on three recent instances in which passengers defecated in their seats. He noted that cannabis became legal in Canada in 2018 and businesses are now selling the drug in certain airports. Herron also talked about the presence and impact of airline and third-party airport cocktail lounges.

Varying attitudes in different parts of the world can influence whether local authorities choose to pursue a crime. Jeff Fuller, a supervisory special agent for the FBI, provided an example of a woman flying to the United Arab Emirates who was sexually assaulted during the flight. Unable to garner support there, she pursued the matter when she returned to the United States.

McShaffrey observed that the TSA’s TSOC facilities are being advised of at least 15 reportable incidents a day. He pointed out that airlines from 84 different countries regularly fly to the United States, making it imperative that for the two involved countries (for each international flight) to have an understanding as to how passenger misconduct will be handled and, when necessary, adjudicated.

Overseas legal issues can also impact flight crews. Capt. Phil Gower (Jazz Aviation), ALPA Canada’s director of Security, detailed the arrest and imprisonment of the five employees of a Pivot Airlines flight from Calgary, Alb., to Punta Cana in the Dominican Republic. The crew was detained for nine months after identifying a bag aboard the jet containing what was later determined to be cocaine. Gower noted that no due diligence was performed by the host county (see “Pivot—A Year of Unexpected Turmoil” in the January–February issue).

From Custody to Conviction

Communication is fundamental to effectively addressing in-flight crimes, and that includes forwarding cases for prosecution. The FAA and Department of Justice have created an information-sharing protocol to refer unruly passenger cases to the FBI for review. The Department of Justice and the FBI have publicly stated that they’re “committed to prioritizing the review of the cases referred by the FAA and initiating criminal prosecution where appropriate.”

Three symposium panelists also gave separate presentations addressing the FBI’s presence at major U.S. airports and the appropriate jurisdiction for pursuing charges when aviation-related crimes are committed.

Rodski described numerous occurrences the FBI has responded to at BWI Airport, adding, “These are happening every day.” He expressed astonishment at the reluctance of nearby passengers to intercede, adding that many individuals choose to respond by videotaping the encounters with their smartphones.

Fuller reported that during the first quarter of 2023, 439 cases of in-flight crime were reported to the FBI by the FAA. He reviewed the purpose and scope of the bureau’s Civil Aviation Security Program, which acts to uncover and prevent terrorist attacks and to respond to aviation-related incidents and threats.

Special aircraft jurisdiction serves as the basis for federal prosecution of crimes on airplanes. Blanchard explained that, according to Title 49 of the U.S. Code, this jurisdiction is in effect when an airliner’s doors are closed. Criminal offenses also fall within special aircraft jurisdiction on a flight that departs or arrives in the United States, and in instances when an international flight diverts to the United States transporting a passenger who’s committed certain aviation offenses (as defined by international law) while on board.

David Rodski, an FBI airport liaison agent assigned to Baltimore-Washington International Airport, remarks that self-defense classes should be a part of a flight attendant’s required training.

Close Encounters

A third panel discussion asked four airline employees to provide their frontline perspectives on onboard crimes and the issues that “keep them up at night.” Reda Benassou, United Airlines manager of Operations Control, recounted scenarios in which intoxicated passengers were allowed to board aircraft. “Gate agents are under a lot of pressure to turn flights around,” he remarked, adding that bad behavior can easily go unnoticed.

“Behavioral detection is covered in both our initial and recurrent training,” commented Cher Taylor, a Frontier Airlines flight attendant, an Association of Flight Attendants-CWA member, and her Master Executive Council’s Government Affairs chair. She remarked that adding a situational training component that includes the airline’s pilots would be beneficial.

Capt. Eric Herman (Sun Country), ALPA’s Aviation Security Council chair, addressed another issue complicating the early detection of and response to passenger confrontations. “There was an incredible amount of turnover in the airline industry during the recent pandemic, and a large percentage of the current aviation workforce is new. This lack of experience is a serious concern,” he noted. Speaking to the pilots in the audience, he stressed, “Briefing flight attendants is extremely important.”

The presence of pilot jumpseaters can be an additional resource in addressing adverse situations. Capt. James Berzon (United), the Association’s Aviation Jumpseat vice chair, recounted an incident in which Capt. A.J. Berlotti, ALPA’s Aviation Jumpseat chair, was jumpseating on an American Airlines flight between Dallas, Tex., and Los Angeles, Calif. He helped the crew in managing a passenger who had become both irate and noncompliant.

In addition to their panel discussion participation, Kuhn and McShaffrey highlighted the TSA’s Federal Flight Deck Officer (FFDO) program and Federal Air Marshal Service (FAMS) as effective deterrents to disruptive behavior. Kuhn acknowledged that 52 airlines participate in the FFDO program and that approximately 20,000 pilots have been deputized, making a tremendous difference in maintaining in-flight security.

“FAMS are deployed to assess, address, and mitigate varying potential risks and threats to transportation and travelers,” said McShaffrey. FAMS began in March 1962 when U.S. President John F. Kennedy ordered federal law enforcement officers to act as plain-clothes security officers on certain high-risk flights.

One of the best deterrents to unruly passenger misconduct continues to be aggressive enforcement. “The only way to stop bad behavior is for there to be consequences,” asserted Timothy Tyler, the deputy chair of the Metropolitan Washington Airports Authority, in a separate presentation.

Tyler commented that if there’s no accountability for one’s actions, the experience often emboldens the perpetrator. He concluded, “If you call us to remove somebody from the airplane, be ready to go the distance.”