Passenger forced to stand for a seven-hour airline flight

November 22, 2011

At nearly seven hours, US Airways flight 901 is one of the longest domestic nonstop airline flights. And Arthur Berkowitz knows how long it takes to get from Anchorage to Philadelphia down to the minute. That’s because he says he had to stand for most of the flight when he returned to Philly last July.

Why would anyone stand for that long? Because he says a morbidly obese passenger seated next to him was spilling into his personal space, making it impossibly to sit in his assigned seat, and the flight was completely full.

“I didn’t fly from Alaska to Philadelphia on flight 901,” he says. “I stood.”


Telling an airline passenger who can’t fit into a seat to stand is pretty unusual. But it happens. The question is, what should the airline do about it?

Before answering, let’s review some of the specifics of Berkowitz’s complaint. He boarded the flight on July 29, and was grateful to find an empty middle seat next to him. But that gratitude turned to horror when the airline sent a late-boarding passenger who weighed more than 400 pounds to the seat. It was the last empty one on the plane.

“His size required both armrests to be raised up and allowed for his body to cover half of my seat,” he says.

Berkowitz immediately notified the flight attendants about the passenger. He recalls,

They were sympathetic, but could not do anything. No other seats existed on plane. They would not permit me to sit in their jump seats, and fully acknowledged the mistake by their gate agent, in allowing this individual on plane without requiring him to purchase and occupy two seats.

That wasn’t just a comfort issue, according to Berkowitz. It was also a safety problem.

“It did not allow me to use my seatbelt during takeoff and landing as well as required me to stand in the aisle and galley area for most of the seven-hour plus flight,” he says.

After he returned, he wrote a brief, polite email to the airline, asking it to refund his fare or for a voucher for the full amount. He also reported the incident to authorities, citing his safety concerns.

US Airways responded with an email that described his travel experience as “regrettable” and apologizing for the “difficulties” he encountered.

“Our intention is to offer the best travel experience possible,” it added. “The details you have provided indicate that we have failed to meet our intentions.”

The airline offered a $200 voucher for Berkowitz’s trouble. It didn’t address any of his safety issues.

He wasn’t happy with that, so he contacted me. I reviewed his case and agreed with him that US Airways might want to take another look at his complaint. I mean, leaving a passenger with no alternative but to stand for almost seven hours — if that’s true, then this might be one of those rare cases when a full refund is in order.

I contacted US Airways on his behalf. A representative told me US Airways had made its last, best offer. It didn’t say anything about the safety concerns this case raises.

Berkowitz says the airline is missing the point. It is glossing over the safety problems created by allowing overweight passengers to buy one seat.

“The $200 is inappropriate,” he adds. “I paid in excess of $800 for the ticket.”

  • Susan

    This story just makes me angry for so many reasons…and then they only offer the man who had to stand $200?!! How insulting! They should be ashamed of themselves. We are becoming such a soft, ridiculous world putting up with garbage like this! It is incredible what some people think is acceptable!

    Yes, I agree with Bill, how is this safe that not everyone was bucked in when they took off? That obese passenger should pay for two seats, lose weight, or not fly – PICK ONE! This shows lack of respect and rules on the part of the airline.

  • iseektoknow

    And being 6’3″ my knees hurt after being cramped into such a small seat space. 

  • ieseektoknow

    So tall people should pay more for more leg room? No one had to stand because my legs ‘spilled’ over into the next seat. If the only way I could  fly was to purchase 2 seats, I’d save until I can buy 2 seats or I’d find another way to travel. 

  • iseektoknow

    And all the extra money goes towards the extra cost for shoes, suits, shirts, ties, cars, light bulbs, etc. I beat you didn’t know that being tall cost more? 

  • iseektoknow

    How tall are you? If you don’t know the pain in your knees from being squashed by the seat in front of you, yes even 1″ makes a difference. I always try to get the aisle seat so I can put one leg in the aisle. I envy the people who can sit by the window. 

  • Dgalloway99

    I hope the obese man has sued the airlines and the media and maybe Berkowitz too for all this painful humiliation.  People may have conditions, but why humiliate them?  For shame.

  • Karinayen

    How’s that fair?  A normal weight passenger sacrifice his safety and comfort and his full fare ticket to allow an obese passenger to fly and occupy his space.  Why should this poor guy subsidize for this obese passenger’s ticket???  And the airline is behaving like a jerk.  It doesn’t have the guts to tell the obese passenger to pay more, in the fear of getting sue over weight discrimination.  So, instead, it decides to sacrifice the normal weight passenger.  The $200 voucher does not show a genuine apology at all, regardless how pretty the apology letter is crafted. 

  • justsurfinby

    I believe Southwest Airlines requires buying a second seat for large folks. That sounds like a reasonable thing to do. When we fly with our two toddlers, we always buy a seat for each. It’s courteous (and safe) thing to do.

  • steve.es

    To those with a tough-luck attitude towards tall people being crushed at the knees and shins:  We didn’t change or make demands about needing more leg space.  To the contrary, most airlines have drastically reduced the amount of legroom long considered *just humane enough* for someone 6’2″ or over to fly across country without permanent nerve loss.  To Julie with a case of the shorts… sorry you can’t see in concerts or at the movies.

  • kilkenny

    This would not have been a problem if mr. Berkowich had been allowed to use a jumper seat. Why was he denied that? Those seats are empty most of the flight anyway.
    I have used them on occasion just for a bit of welcome change or while waiting in line at the restroom. Never been a problem, but ofcourse i fly mostly european airlines. No i dont dislike the american ones, i just live in Europe.

  • KumarA

    Once you read the story carefully you will understand what even Chris Elliot misses.The “overweight passenger” is in middle.So Mr Berkowitz is probably in window or aisle (Boeing 757-200). Assuming that getting past the middle seat every time would have caused more horror stories to be told Mr Berkowitz is probably in aisle seat.All aisle seats are more space than other seats.The passenger in the window seat has not told his story.

    All FA check that seat belts are fastened before take off. Mr Berkowitz was NOT standing during take off and landing.So he must have removed it himself putting his safety at risk.

    Lastly If the FA says Please be seated and if you do not listen and comply you will be charged with “obstruction with flight crew”.Apparently here nothing happened.US Airways and FAA investigated and found no safety concern.If you roam for 7 hours in the aisle and galley for 6-7 hours and NO passenger found it odd in this hightened state of security  .

    SO we are witnessing is “comfort” complaint touted as “safety” complaint at the expense of “obese” passenger.Once in while even Chris can get scammed

  • Anonymous

    What an absolute joke.  I am a lightweight, maybe 150 pounds, and every time I check my baggage and have had to pay an overweight fee (usually on long-hauls to Asia), the only thought that goes through my head is why don’t these airlines take both the weight of the passenger AND their baggage into consideration? 

    I might be bringing about 250 pounds onto the plane, including myself AND my baggage, if that, while someone else is bringing 300, 400 or even more, EXCLUDING their baggage.  While this may not be P.C., I think it’s equitable. Why should I pay extra for a heavy bag (ok, the handlers might throw out their back or something, I get that argument), while a larger person can “carry on” significantly more weight.  Just my 2 cents, I am sure there are plenty of holes one can poke in this.

    By the way, I flew from Dubai to Chennai next to a seriously obese guy, try 14 hours next to some fat Indian guy oozing over the armrest into “your” space.  Ugh.

  • Anonymous

    What an absolute joke.  I am a lightweight, maybe 150 pounds, and every time I check my baggage and have had to pay an overweight fee (usually on long-hauls to Asia), the only thought that goes through my head is why don’t these airlines take both the weight of the passenger AND their baggage into consideration? 

    I might be bringing about 250 pounds onto the plane, including myself AND my baggage, if that, while someone else is bringing 300, 400 or even more, EXCLUDING their baggage.  While this may not be P.C., I think it’s equitable. Why should I pay extra for a heavy bag (ok, the handlers might throw out their back or something, I get that argument), while a larger person can “carry on” significantly more weight.  Just my 2 cents, I am sure there are plenty of holes one can poke in this.

    By the way, I flew from Dubai to Chennai next to a seriously obese guy, try 14 hours next to some fat Indian guy oozing over the armrest into “your” space.  Ugh.

  • Anonymous

    I’d love to see the pictures, I would assume Mr. Berkowitz would have taken some on his phone or something.

  • Anonymous

    I had a problem like this on a US Airways flight and had to suck it for 3 hours.  On another US Airways flight, one of the people from the air crew made a racist comment towards me.  I e-mail bombed the executives and got 2 vouchers for me and my wife.  I try to avoid US Airways like the plague now.  I’m glad JetBlue started service in BDL (Hartford,CT) because for a lot of routes, US Airways was the only option.

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  • Noarmrestsraised

    Like my sister always says when someone is whining, “suck it up”! Btw, the big guy should’ve stood

  • LetsBeHonest

    Morbidly obese people should have their own country… with larger seating arrangements.

  • Lennyj

    tall people *can* purchase seats with more legroom on many flights. 

  • Anonymous

    Is there a “rest of the story” to this?

  • http://twitter.com/dmuth Douglas Muth (Giza)

    If that ever happened to me, I’d take pictures of the fat passenger taking up half of my seat, email them to my credit card company, and do a chargeback for “service not as described”.

    I paid for a full seat, and I expect to get it.

  • Amanda

    for the sake of argument…. the obese man was in the middle seat, and thus this customer had to stand. but the flight was sold out.. so what did the customer on the OTHER side of the obese man do? there weren’t two fliers standing… so how did the other customer handle it, when this one couldn’t?

  • Logicintheskies

    If there are regulations for carry-on’s sizes, there should be for passengers as well.  Why not have an airline seat out for people to check?  If you don’t fit in, you buy an extra seat. Simple as that, and (hopefully) avoids humiliation.

  • http://twitter.com/endre_tweet Endre Pekarik

    The airlines tried the two seats for large people. They stopped due to lawsuits from American Civil Liberties Union. Sorry guys.  Try to kick the fat person out, you will be hit by lawsuit by ACLU so fast you don’t know what hit you. 

  • http://twitter.com/endre_tweet Endre Pekarik

    fortunately to the other passenger, there is that pesky wall he was slammed against. Happens to me all the time. This is why I try to sit in a row, where the armrests are fixed e.g. exit row, or some first rows.   

  • Julie Northrop2009

    Actually Steve, I’m just over 5’8″ tall, not short by any means.  If I am in heels, I am at least 5’10′.  I have stated REPEATEDLY that I recline just enough so I am not straight up. Having 2 rods in your back makes flying like that very painful. I am mindful of the person behind me, but when I see someone who posts that we don’t have the rights we think we do, makes me think that person has an entitlement complex. I don’t think I’m anymore important than the next person, but their rights are no more important than mine are. I’m just willing to work with someone rather than being a bitch about it.

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  • Joe

    Something doesn’t smell right about this.  The implication is that the pilot and/or crew grossly disregarded important safety regulations in takeoff and landing.  If that’s true, doesn’t the FAA have to look into this?  Have they?  Will they?

  • Pissed Consumer

    Thanks for sharing your experience….

  • Sevenseat

    It’s amazing to see how quickly we get off topic.

    First of all, I’m 6′ 4″ and 235#, and I always fly coach. I logged 96K last year and I’m at 85K so far this year, so I spend a fair amount of time on planes, mostly long distance. This is simple, I paid for the space between the armrests. If a passenger cannot fit in to the seat that they paid for, they have a choice, either pay for another seat, pay extra to sit up front or get off and wait for another flight that has room. This applies to the tall as well as the wide. If I want more leg room, I pay extra for an exit row or economy plus, or I suffer. Of course, I can’t drop a few inches in height, but there is an answer to the width problem. Eat a salad.

    I think that compensation of $200 on an $800 ticket for being deprived of a safe seat it absurd. But, I would probably be so pissed after standing for seven hours that I would decline the compensation because a voucher means having to fly that airline again. I would, take a few pictures and make a big stink with the FAA.

    Now, for the recline discussion. If my seat can recline, it is my right to recline it. If the person in front of me reclines, expect me to recline. If it’s an overnight flight, I am going to sleep, so I’m going to recline. BUT, when they come with dinner/breakfast, I put my seat up. And when they tell me to put it forwards for landing, I do and I expect the person in front of me to do it, without having to be told three times.

  • Biz_Traveler

    I haven’t flown US Airways in 5 years now, this arrogance reinforces my decision.

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  • Celebwriter

    I feel sorry for Arthur. This should have never happened, but let’s stop and think a minute. How many bathrooms were on that plane? He could have gone to one of the bathrooms and sat for awhile, just to get off his feet. There can’t be that many passengers wanting to use the bathroom at one time. Another thought. How many “Real Men” were on that plane? If each man would have given Arthur his seat for let’s say fifteen or twenty minutes it wouldn’t have been so hard on him.They could have “Stood Up For Arthur” Cowards!! Shame on US Airways for letting this happen.

  • Daw119

    US Air has their nerve lecturing Mr. Berkowitz. They should refund his entire purchase amount and then some for the incovenience they caused him!  He bought a seat on that flight, but US Air did not protect the space he purchased.  I’m not a lawyer, but that certainly seems like breech of contract to me.   US Air’s personnel should have informed the obese passenger that he would not be allowed to continue on the flight because HE was infringing on the space BOUGHT by Mr. Berkowitz.  I’m sorry that some people have a serious problem with morbid obesity.  When someone purchases a seat on a flight however, they are entitled to the whole seat!

  • Dannorankin

    you can’t buy extra leg room.

  • Danno

    I’d pay for more leg room.. I’m 6’4

  • flygirl

    As a flight attendant, I have to tell you, we are afraid to say anything for fear of ending up on the news, being called in to the office and fired, or ending up in a lawsuit.  If you’ve watched the news lately there are plenty of obese people who are literally looking for this fight to happen.  Once a passenger has been assigned a seat by the gate agent, we can’t take it away from them.  The problem should be handled by the gate agent.  We should have the authority to remove a passenger for that reason, but we don’t and the airline will not support us if we do it.  And yes, it is NOT ALLOWED by the FAA for passengers to occupy a jumpseat ever.  It’s not that the FA’s wouldn’t let you sit in their seats.  They can’t.  I’m sure he would have been uncomfortable in his seat, but he must have been sitting down for take off or the FA’s wouldn’t have let the plane take off with a standing passenger.  I think he was uncomfortable and got up after take off, which we really can’t make you sit during the flight.  If the FA’s made the plane go back to the gate, the man standing would probably have been taken off the flight.  No one wants to take an obese man off the flight because it often ends up on the news.  This is where political correctness has gotten us.

  • Laura

    Yeah you can. It’s call the exit row. Many airlines charge a little extra for it, but you can reserve that seat.

  • Laura

    Regardless of how the person came to be obese, the fact remains that the obese person can’t do anything about his or her weight *on the day of the flight*.

  • Celebwriter

    I agree with what you said. You hit the hammer on the head.

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  • eileen

    Dear airlines:  For the bazilliointh time, giving me a coupon to use your business again is not doing anything for me.  If you have ticked me off, I probably do not want to use your business again.  Also, if you sit me next to a 400 pound guy and then have the gall to chastise ME for not buying two seats to protect my space from people like that guy, then perhaps you will start making darn sure those seats will always be together?  I can’t put half of me in row 8 and half in row 12.

    They should have upgraded this guy.  They could have bumped him and thrown him in a nicer class for the flight.  There were things they could have done.  They failed here.

  • Schoolio

    Tongue in cheek here, but did he need a seat belt if he was wedged in under this guy?

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  • Mike Rutherford

    And your source for this silly statment is????

  • http://pulse.yahoo.com/_JTFRQEKODXEDIF6UKOLGDEIPAA Eric

    For us normal sized individuals: there’s a special kind of fear experienced when watching a massive 300 or 400 pound woman or man come lumbering down the aisle towards you. Even atheists will start doing the “please don’t sit in the seat next to me” prayer. The rule should be simple: if you cannot fit in the seat, you don’t get to fly. I realize this may be unfair to people who were born with large frames or the tiny minority of over sized people who are overweight due to factors not under their control, but since you’ve purchased a seat you should fit into it.

  • http://pulse.yahoo.com/_VPMXIGJELRR6WVMIFGXUT2BQSI David

    Regardless of the terminology, the meaning is the same. The obese are a protected class, in the context in which this was initially noted. Being overweight marginalizes you in this culture, and makes it hard for you to support yourself. That is unquestionable. Still, the initial statement was about how airlines react to the obese. Given two people who each bought one seat, one of whom can’t be confined to the purchased space, the airline will avoid the more viral and emotionally charged PR by  putting pressure on the person who was able to fit in the seat he or she paid for. Why?  . . . because so many people are overweight that is is an emotionally charged issue. Look at how many comments it generated here, for ecample.  

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