I didn't hit him at all he attacked he attacked me yes he did he was from the moment that he was talking to me he was attacking he was coming up to me I'm not I didn't hit him put your phone down what am I being arrested for battery battery for what hitting him in the head I'm not doing anything I'm trying to get home I am not from here I'm from Cleveland okay yes I am he was trying to stop me no I am not drunk I am not drunk no I am not okay if that's what you think but I am not okay you just walked up over here and you don't know anything about me so I am not drunk that's fine okay okay that's fine okay I didn't hit him at all he attacked he attacked me yes he did he was from the moment that he was talking to me he was attacking he was coming up to me he was approaching me he was yeah he was okay that's fine then that's fine so so tell me how you attacked I didn't do anything to him okay tell me how you attacked he came up to me and he told me that I wasn't able to fly which doesn't make any sense OK OK OK then I'm not trying to I'm not trying to argue OK I'm not trying to OK I'm not I'm not trying to argue with you you have absolutely zero chance of getting OK I'm not trying to argue with anyone I'm literally not I'm just trying to go home OK that's not happening so I understand you're not gonna fly OK you understand I understand I understand but he was being rude from the moment that I went up to the rude or not doesn't matter that doesn't matter that's what that's what customer service I work in customer service I'm a bartender I get that and he immediately was rude to me from the moment that I walked up there it doesn't matter what happened and then and then okay I understand I'm not trying to argue I'm not trying to let me answer something I'll stay I'll wait I'll wait you understand for your safety please do not leave luggage unattended yes unattended luggage is not allowed in the terminal area and may be confiscated do not accept or transport any luggage the way that I'm acting is not the law prohibits something that I would it's not the answer to my question but you're asking if someone was drunk pretty much and the way that I'm acting is something that I would cry with and you're not I'm not cooperating with this he's not cooperating with me he didn't from the moment that I walked up to the um to the ticket stand when I was trying to get on my flight to go home and I wasn't drunk officer everyone apparently disagrees with that but like I was not drunk what's your name my name is Kelsey Kelsey you have your yeah question you say you work as a bartender I do work as a bartender yes if somebody a customer comes up and they're upset like do they have you ever been hit by a customer before I have been hit by a customer before you think that's fair to anybody I'm not I didn't hit him I'm just asking I know I understand but I I come up to go home I've been here for since Wednesday and I'm not trying to stay here any longer and I wanna go home and he immediately was like you're drunk and I'm like I'm not though and he's like you can't stand up he immediately just disregarded anything that I said and acted like I was just wasted and I was not yeah stand up stand up yes stand up OK take that off take that off yeah they're arresting me well they're arresting me alright will she will give you a call back alright will give you a call back this is ridiculous this is like absolutely ridiculous I'm not even drunk I'm not being arrested I'm not drunk put your phone down what am I being arrested for battery battery for what hitting him in the head I didn't good I'll put your phone in your purse alright let's put that on today I'll take her first where's the what you guys have what did you call it a witness thing I have a pen to flash check one yeah is there a a point to see what happens yeah can I have another Oscar can you get a witness statement this is all because he won't let me fly home like this is so stupid no this is because you can't keep your hands no he couldn't let me fly home that is what it is that's your wallet and everything in there yeah I guess so I don't know it's your stuff not mine yeah see I'm standing up straight up like he said that I wasn't but I am listen they they don't need a reason not to have you fly they don't want you on their private plane they don't have to let you on it's fine you ever been arrested before yeah for what I do it yeah but it didn't actually did hey that's 40 hey that's 40 no female 10 15 single thirty Victor can you just get me one of those yeah thank you sir chance of this isn't enough for him so that's the well so that's the let's find out wish everyone kept a purse like my wife can we see that was a long time ago tell me I do I see you probably something in there it's in there somewhere on May 7th, 2023 deputies with the Broward County Sheriff's Office responded to Fort Lauderdale Hollywood International Airport regarding a passenger disturbance a passenger had been denied boarding on her Spirit Airlines flight after airline staff determined she appeared intoxicated leading to a battery arrest under Federal Aviation Regulations in Title 14 Code of Federal Regulations section 1 21.5 75 airlines are prohibited from allowing intoxicated passengers to board airlines have broad discretion in making intoxication determinations as passenger safety is Paramount under Federal Aviation Administration standards the deputy maintains a calm conversational tone while gathering information this is appropriate de escalation technique for non violent situations under Florida Statute section 8 56.0 11 public intoxication alone is not grounds for arrest unless the person endangers others or causes a public disturbance officers determining intoxication look for specific indicators bloodshot eyes slurred speech odor of alcohol unsteady gait and impaired cognitive function the passenger makes a critical unprompted statement I didn't hit him at all this is the first indication that physical contact may have occurred under Florida Statue Section 7 84.03 battery is defined as actually and intentionally touching or striking another person against their will the central legal question becomes whether any physical contact occurred and if so whether it meets the statutory definition requiring intentional unwanted contact the deputy uses the passenger's own profession as a bartender to frame the issue this is effective interview technique when she confirms she has been hit by customers and acknowledges it's wrong she's agreeing to the underlying principle before addressing whether she committed battery her immediate defensive response I didn't hit him before being directly accused confirms that physical contact is the central issue under investigation the airline has exercised its authority under Title 49 United States Code Section 44 9 0 2 to refuse transportation this is a private business decision that law enforcement cannot override the deputy's role is limited to investigating criminal conduct at this point the deputy must determine whether he has probable cause to believe a battery occurred under the Fourth Amendment in Florida law probable cause requires a reasonable belief based on facts and circumstances that a crime was committed the standard from Illinois versus Gates requires only reasonable belief not absolute certainty or proof beyond reasonable doubt the deputy gives clear commands stand up and take that off the passenger complies with these initial arrest commands this is proper arrest procedure giving commands that ensure officer safety and subject compliance before applying physical control the deputy is applying handcuffs which should be double locked to prevent inadvertent tightening and checked for proper fit the passenger is not physically resisting the arrest this compliance prevents the situation from escalating to a use of force scenario physical resistance to a lawful arrest is itself a criminal offense in Florida and could result in additional charges the passenger asks what she is being arrested for the deputy clearly states battery and specifies hitting him in the head this disclosure is constitutionally required under the Fourth Amendment and Florida law an arrested must be informed promptly of the basis for arrest under Florida Statute Section 7 84.03 battery is classified as a first degree misdemeanor the penalty is punishable by up to one year in county jail and a fine of up to $1,000 the critical elements the state must prove beyond reasonable doubt are intentional contact against the will of the victim and no legal justification the passenger protests that this is about the airline refusing her boarding this demonstrates a fundamental misunderstanding she is not being arrested for arguing with the employee or being denied boarding the arrest is for alleged criminal battery the airline's refusal of service is a separate civil matter the criminal investigation focuses solely on whether unlawful physical contact occurred the deputy explains they don't need a reason not to have you fly they don't want you on their private plane they don't have to let you on this correctly separates the civil issue of airline refusal from the criminal issue of alleged battery under Graham versus Conner the reasonableness of the arrest must be judged from the perspective of a reasonable officer with the information available at that moment if the airline employee provided a credible account of being struck and if witnesses corroborated this then probable cause would exist the Supreme Court established in Graham versus Conner that reasonableness is judged from the officer's perspective at the scene not with 20 20 hindsight now we examine the grades assigned to each party based on legal compliance tactical soundness and decision making the Broward County Sheriff's deputies received a grade of B the deputies demonstrated generally solid police work with appropriate de escalation techniques the lead deputy exhibited excellent interview skills maintained a calm tone and allowed the passenger to provide her narrative without interruption his use of her profession to frame the battery issue was effective technique the physical arrest procedure was professional with appropriate use of force however the primary concern is whether probable cause for battery was sufficiently established based on visible evidence the evidence appears to rest primarily on the airline employee's report while witness statements can establish probable cause the strength here is questionable more detailed investigation about the specific nature of contact location of alleged strike and presence of independent witnesses might have been appropriate Kelsey the passenger receives a grade of C minus while she ultimately complied physically with arrest her confrontational approach and alleged criminal conduct are significant if she struck the employee as alleged this constitutes criminal battery under Florida law regardless of whether the employee was rude she demonstrated poor understanding of her legal situation confusing the civil issue of airline refusal with the criminal issue of battery her confrontational communication style likely escalated both the original encounter and the police contact however she deserves credit for not physically resisting arrest this compliance prevented escalation to use of force and additional charges Spirit Airlines receives a grade of B+ the airline appropriately exercised legal authority to refuse service to a passenger deemed unsafe to fly under FAA regulations airlines have a legal duty to prevent intoxicated passengers from boarding if the employee called police after being battered this was entirely appropriate however the intoxication determination appears questionable based on the passenger's later speech clarity and coherent responses additionally best practices include delivering refusal of boarding in a professional non confrontational manner with offers of rebooking assistance key lessons from this incident first airline employees have broad legal authority to refuse intoxicated passengers under federal regulations second rudeness or disagreement with airline decisions never justifies physical contact battery is a criminal offense regardless of frustration third once arrested physical compliance is critical verbal protest is protected by the First Amendment but physical resistance creates additional charges fourth probable cause for arrest requires reasonable belief based on totality of circumstances not absolute proof witness statements can establish this standard fifth passengers should understand the distinction between civil disputes with airlines and criminal conduct these are separate legal issues finally after arrest exercising the right to remain silent and requesting an attorney is strategically advisable rather than continuing to argue let us know if there is an interaction 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