I do not agree. Captains, restauranteurs or bar owners do not have carte blanche to order people on or off for no reason. I am sure they would have to have good reason, or suspicion. eg; drunk, drugs, erratic, bomb threats or so on.
But no reason, that harks back to days of racism. Not allowed.
You originally asked if it was a lawful order and I responded. I didn't say whether there needed to be a good or no reason. It doesn't make sense that someone who had the authority would use that authority arbitrarily unless they wanted the wrath of their customers, bosses or the Court if it got that far. If an airline Captain did that, for no reason, his employment status would be in jeopardy.
I think I've posted this story before but, as the subject is relevant, I'll repost....
It was last minute and only one door left open on a full B747 (400+ pax) with an approx. 10 hour flight ahead when I was called from the flight deck to see the Chief Purser.
We had already received Flight Nav Clearance so were in what is called "Slot Time' where, if you don't get to T.O. within a certain time, the clearance is invalid and a new clearance would need to be filed, causing a possible hour or two delay....so I was in a rush.
It appears a very fat guy demanded two seats. He'd raised the armrest and refused to give-up the adjacent seat. The other passenger was standing in the aisle waiting for his seat to be vacated. I asked the 1st guy if he'd made application for extra seating and he responded he hadn't. I told him that as there were no spare seats he had 2 choices....move over or leave the aircraft and get a refund or another flight. He became belligerent and I politely told him if he continued with that tone I would call security and he'd be arrested.
At this juncture the Chief Purser indicated to me the cabin crew emergency fold-down seats...I got his hint and quickly told the fat guy...you have a third option Sir. "If you agree to sit in your assigned single seat for Take Off and Landing the Chief here can give you one of those double fold-down seats for the cruise."
He slid over, folded down the arm-rest and the 2nd passenger, who was a skinny Asian, got into his assigned seat.
I went back to the flight deck and we completed the rest of the flight and landed early.
I later learned from the crew he'd had a miserable time as the doors, where those crew seats on a B747 are located, are not insulated and he was freezing. The crew said they could only give him one blanket....
The Asian passenger apparently enjoyed having two seats....
