A K
Well-Known Member
I do not think what she wore made her look like a whore.
Whore? No. Classless? I'd say borderline yes. But then again, working at Hooters doesn't exactly exude "I want you to respect me for my total package, and not (these)!"
There are no laws saying that you MUST wear panties.
No, but there are laws concerning public decency. If her lack of panties--if indeed that was the case--led the public to have a look or more, then she violated Cal. Pen. Code sec. 314(1) ("Every person who willfully and lewdly . . . Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby . . . is guilty of a misdemeanor.").
An airline policy of being "family friendly" + borderline violation public decency laws (if she indeed had none on)? Seems reasonable to me to tell her to cover it up.
She was embarrassed in an airplane in front of many people. She was lectured about her dress.
We've all been embarrassed at one time or another. And, how do we know how many people heard the content of this "lecture"? We're all quick to buy into this woman's story. Of course she will say that she was lectured--you don't win settlements with private, out-of-most-ears discussions. I'm not buying it.
One article mentions she felt that everyone was staring. Let's be honest: (1) You don't wear those clothes unless you want to be noticed; (2) Folks would have stared regardless; (3) Too bad. In addition, all she wanted was an apology, but because she didn't get one, she wants to sue. Give me a break. She sees a corporation with deep pockets.
Simply put, unless there is a rule that to fly you must wear a long skirt or pants, they treated unfairly and they will need to pay for what they did to her.
Welcome to everything that is wrong with the law. Unfair treatment is not illegal treatment. Not every embarrassment is actionable. As I said before, she wore an outfit to gain attention. She got what she wanted, but not necessarily how she wanted it. What's she going to assert?
A Section 1983 claim? Any good judge will point her to the door.
Intentional infliction of emotional distress? She'll be hard-pressed to show "outrageous" conduct by Southwest. If anything, the conduct was reasonable and somewhat amicable. In addition, even if there was some emotional distress, she'll be hard-pressed to show intentional action, as well as reckless action. And, sadly, only a California jury would find "severe" emotional distress.
Defamation? There's no malice, intent, false or falsity.
Privacy/intrusion? The scope of privacy in a semi-public area of an aircraft makes this a difficult claim to prove.
I'll be interested to see what crap this attorney puts in his complaint. And, I hope to God that Southwest does not settle. Open up the war chest and give it hell--much like Wal-Mart fights frivolous suits, folks need to put an end to greenback chasers.
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