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Man kicked off Delta flight for using washroom prior to takeoff

The incident took place in Atlanta on Apr. 18 on a plane bound for Milwaukee. Kima Hamilton, who describes himself as a poet and a DJ, had to urgently urinate during the time the plane was waiting to take off. While the aircraft was not moving, Hamilton walked to the back of the plane and told the flight attendant he had to use the washroom. He was told he could not and if he did so, the plane would lose its place in line.

Hamilton returned to his seat but after about 30 minutes while the plane remained on the tarmac, he need to go to the washroom became more urgent. He got up, walked to the washroom and relieved himself. It is estimated he was in the bathroom for about a minute.

As soon as Hamilton returned to his seat, the pilot made an announcement the plane was going back to the gate so a passenger could be removed. A Delta employee then came up to him and told him he had to leave the aircraft. When Hamilton asked why, the employee told him he had to leave and they would discuss it “outside.” Hamilton insisted he did nothing wrong and had paid for his ticket.

Hamilton refused to leave. The employee left and a second employee came up to speak with him. This employee was sympathetic to Hamilton’s plight but told him it was a safety requirement everyone be seated prior to takeoff and he had breached protocol. Hamilton still refused to leave his seat.

Then all passengers were told they had to leave the plane and they did, including Hamilton. All the passengers except the 39-year-old, were then allowed back on board and the plane took off for Milwaukee. For the one minute Hamilton spent in the washroom, the flight was delayed for about two hours.

Krista Rosolino, a Milwaukee attorney, was sitting across the aisle from Hamilton with her husband and infant daughter. As soon as the first employee began talking to Hamilton, her husband took his phone out and began filming.

Rosolino said all the other passengers around Hamilton supported him because “we’re all people, we’re all human beings and can put ourselves in his shoes, what else would you have done?”

Rosolino filed a complaint with Delta that can be read here.

Delta Airlines was unapologetic and issued a statement yesterday defending their actions. The statement read, “Our flight crews are extensively trained to ensure the safety and security of all our customers. It is imperative that passengers comply with crew instructions during all phases of flight, especially at the critical points of takeoff and landing.”

Hamilton received a “partial” refund of the cost of his ticket and paid a lot more money for a ticket on another airline to get to Milwaukee later that evening.

Airlines have been under a lot of scrutiny for overbooking, bumping and otherwise removing passengers since a video emerged of a passenger being physically removed from a United Airlines flight because the company needed his seat for a crew member. In an attempt at damage control, United Airlines announced policy changes yesterday that include increasing money paid to bumped passengers up to a maximum of $10,000 and a reduction, but not elimination of, overbooking.

READ ALSO: United cuts overbooking, hikes compensation after passenger fiasco

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