A California household said they to be kicked turn off a flight — and also threatened v jail — for refusing to give up a seat for their 2-year-old son.

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A Delta airline jet is all set for trip at the Salt Lake global Airport respectable 12, 2005 in Salt Lake City, Utah. FileGeorge Frey / Getty Images
A California household says they to be kicked turn off a flight — and threatened through jail for the adults and also "foster care" because that the children — because that refusing to offer up a chair for their 2-year-old son, in spite of having paid because that it, in the latest conflict for a significant airline that was captured on video.

Brian and also Brittany Schear, the Huntington Beach, California, said NBC News that they had currently boarded a Delta air Lines flight from Maui come Los Angeles through their two infant youngsters on April 23 as soon as they were kicked turn off the airplane following an discussion with officials.

The Schears claimed they were then compelled to uncover their own hotel, transportation and also purchase brand-new tickets for a trip the following day — every after midnight.

Brian Schear said the family had originally purchased a ticket for their teenage son on the red-eye flight, however decided come send him home at an early stage so that their 2-year-old can have a chair on the plane. The pair was also traveling through a 1-year-old.


He stated they permit the ticket certified dealer know around their instance at the gate, and also that the certified dealer accommodated the family members to sit together.

Brian Schear said they boarded the airplane without issue, yet with various other passengers ~ above the standby list for the flight, he to be then told by Delta agents that the 2-year-old had to give up his seat — and also then endangered with jail.

The incident pertained to light Thursday ~ the family members posted video clip of the argument online. Brittany Schear captured the moments leading approximately their removal from the flight, showing either one airline or plane employee telling Brian the if he and his family members did no comply, they would certainly all it is in kicked off the plane.

Brian climate said, “Then they can remove me turn off the plane," the video clip shows.

An airline employee is then heard telling him, “So this is a federal offense. You and also your wife can be in jail and your youngsters will it is in in foster care."

“We’re walk to be in jail and also my youngsters are walk to it is in what?” Schear interrupted.

“It’s a federal offense if you don’t abide by it,” she said.

“I bought the seat … you’re saying you’re walk to provide that away to someone else once I payment for the seat. That’s not right,” Schear responded.

Brian and also Brittany Schaer were kicked off your Los Angeles-bound Delta air Lines flight after they refused to give up a seat that was inhabited by their child son.KNBC

The employee claimed that since Schear’s teenage kid was not present and the ticket remained in his name, the 2-year-old can not sit there and had to give up the seat.

Later in the video, another employee claimed that commonwealth Aviation management rules stipulate the a 2-year-old can not be in a seat, or occupy a car seat, and also needed to be sitting an adult’s lap.

Schear responds the their son had sat in a vehicle seat, in his very own seat top top the plane, ~ above their means to Maui.

The FAA says on its website that it “strongly urges” parental to secure little children in an authorized child security restraint device, or auto seat, throughout their flight.

Brian Schear claimed he and also his family were not reimbursed for their trouble, either.

"They never ever contacted us. And also honestly, we didn"t contact them. This whole thing has actually made me therefore angry and ... You know ... Through the money the I"m the end for the tickets, ns couldn"t care less around that," that said.

Delta claimed in a declare on Thursday afternoon the they "sorry for the unfortunate experience" the family had, and had because reached the end to compensate them.

"We are sorry because that the unfortunate suffer our customers had with Delta, and also we"ve reached out come them to refund your travel and provide additional compensation," the agency said in the statement. "Delta"s score is to constantly work v customers in an effort to discover solutions to their take trip issues. The did not occur in this case and we apologize."

Brittany Schear claimed she was most upset that the employee had threatened them v jail, and also the removal of your children.

"I"m not a confrontational person ... And also when you"re a mother and also you have actually your 1-year-old and your 2-year-old and also they threaten to take it your kids away native you, I typical whether that"s possible or whether that"s, friend know against the law, that just, that made my heart drop," she said.

The revelation that this latest event comes simply one week after unified Airlines reached an undisclosed settlement with Dr. David Dao, the topic of the currently infamous video clip showing him gift dragged native his seat and also off a plan.

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Daniella Silva is a reporter for NBC News focusing on the financial recovery and its result on families, as well as immigration.