e

U.S Depoifment

of lrg5pPrt1:9

Federol Aviolion
Adminisirotion

Southrvest Regron
Arkansas, Louisiana,
New Mexico, Oklahoma

exas

Oifice of Regronal Counsel

2601 Meacham Bvd
Fort Wofth, TX 76 f 37-00C7
(817], 222-559
(81 7 | 222.59 4 5150S2 FAX

JAN 5 ut3
Case Number: 201 1 SW290145

Kennetta Fountain

ORDER ASSESSING CIVIL PENALW

Ql Anril 5,2012, you were advised through a Notice of Proposed Civil Penal that the
FAA proposed to assess a civil penalty in the amount of $4;900,

We have received $4,300 of the $4,800 civil penalty amount. Your balance remans at
$500
After considering allthe evdence in this matter, it is determined:
1.

on April 15,2011, you were a passenger aboard southwest Airlines Flight

f 134 an ar carrier operating in air commerce under part 1 21 of the Fedral

Aviation Regulations (FAR), from columbus, ohio to Las vegas, Nevada.
2.

Prior to take off during taxi, you were asked several tirnes by the flight
attendants to turn off your electronic device. you refused and used vulgar
language directed at the flight attendant,

3.

During the above flight, while the seat belt sign was illuminated, you were out
of your seat asking the flight attendants in the back of the plane ior a double
gin on the rocks. You were refused.

4.

Later, during the above flight, while the seat belt sign was iiluminated, you
appeared intoxicated. when seen leaving the lavatory, you were asked to
return to your seat. You refused indicating to the flight attendant that you
were a frequent flyer and that you could do whatever you wanted.

During the above flight, during the first drink service you quickly spilled half
of the beverage that had been served to you.

6.

within seconds of your first spilled drink, you requested and were refued
service of a second drink. You became angry, slapping the wall and gsing
vulgar language multiple times directed toward the flight attendants. '

7.

After a flight attendant asked you to stop cursing, you warned the flight
attendant not to tell you what to do or the flight ttendant would see what
would happen.

B.

During the above flight, on numerous occasions, the flight attendants

requested that you quiet down, stop using vulgar languge to the flight
attendants and other passengers and return to your eat.

Your actions were confrontational and threatening to the flight attendants

distracting them from the safety and performancJof their joibs.

10.

You were again requested to return to your seat and you did not comply.

11.

The flight attendant contacted the Captain on the flight deck and informed
him of your confrontational and threatening behavioi.

12.

You eventually returned to your seat for approximately 30 seconds.

13. Your disruptive behavior began again. A flight attendant

and requested to have you removed from te aircraft.

14'

notified the Captain

Flight 1134 was diverted from its destination of Las Vegas to Denver,
because of your loud disruptive, threatening, intimidatig behavior and vulgar
language toward the passengers and crew.

15' The flight crew requested that the Denver Police meet the aircraft upon
arrival.

16.

Upon arrival at the Denver Airport, you were escorted from the aircraft by the
Denver police.

By reason of the foregoing facts and circumstances you violated the following
regulations:

ab.
c.

Section 121.580, of the FAR in that no person may assault, threaten,

intimidate, or interfere with a crewmember in the erformance of the
crewmember's duties aboard an aircraft being operated under this part.
Section_121.317(f), of the FAR when you failed to fasten and keep fastened
your safety belt while the "Fasten Seat Belt" sign was illuminated; and

Section 121.317(k), of the FAR when you failed to comply with instructions
given to you by flight attendants.

Additionally, by reason of the foregoing, you also violated 546318 of Tifle 4g of the
United States Code which states that an individual who physically assaults or threatens
to physically assault a member of the flight crew or cabin crew of a civil aircraft or any
other individual on the aircraft, or takes any action that poses an immediate threat toine
safety of the aircraft or other individuals on the aircraft is liable to the United States
Government for a civil penalty of not more than $2b,000.00.