How can criminal enforcement – deprivation of rights under color of law – arise from a civil contract to fly and violation of conditions precedent to performance by the airline?
Surely if the passenger has agreed to perform in accordance with the carriers rules – then the remedy for failure to perform is purely civil and may for instance take the form of liquidated damages in the contract. There are many such issues in commercial flight including adherence to rules on lost baggage and particularly to rules for damages on international flights which apply and which most passengers are unaware of. See e.g. the fuss on lost or damage checked articles which are in limbo between airlines and TSA. No doubt the passengers have all agreed to this limbo? These may constitute a contract of adhesion but surely the exisiting contracts make no written provision for criminal enforcement. Particularly given that the passenger is not on notice, and in fact is denied notice, of some acts prohibited to the passenger and enforced by criminal law. The full list of what consititutes contraband for passengers is quite thoroughly concealed from passengers! Clark Myers Exactly. The a
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