Will huge new fines deter in-flight masturbators and biters?

“If you are on an airplane, don’t be a jerk.” That’s the official word after a rash of weird cases – involving in-flight groping, public masturbation, biting and other obnoxious airborne behaviour – hit the courts over the past week or two.
The US Federal Aviation Administration’s Zero Tolerance policy directs massive fines at passengers judged to be unruly, disruptive or downright revolting – but some passengers are still not deterred.
Two cases this month involved female passengers filming alleged masturbatory activity by male strangers in flight, apparently to gather evidence.
In probably the strangest and most excessive instance, a man was arrested after allegedly exposing himself and masturbating in front of the female stranger sitting next to him on a flight, doing so four times successively over a period of roughly an hour.
Antonio Sherrodd McGarity was arrested on charges of performing “lewd, indecent, or obscene acts” during a Southwest flight from Seattle to Phoenix, court documents show. During his prolonged misbehaviour, a female passenger and witness is reported to have filmed McGarity.
“McGarity was seated in seat 11F and the female witness was seated in seat 11E,” the criminal complaint states. “Shortly after taking off, and while the aircraft was in the air, McGarity exposed his penis by pulling down his pants and shorts and began masturbating.”
The female passenger filmed McGarity’s actions and alerted flight crew – but apparently only after McGarity drifted off into sleep after openly masturbating four times in the first hour of the flight, according to the complaint.
It is illegal on a civil airliner in US jurisdiction for “a person, in public, to make an obscene or indecent exposure of his or her genitalia or anus, to engage in masturbation, or to engage in a sexual act as defined in Section 22-3001(8)…  A person who violates any provision of this section shall be guilty of a misdemeanour and, upon conviction, shall be fined not more than US$500, imprisoned for not more than 90 days, or both.” 
A court document on the case filed by FBI Special Agent Robert Byrne states:

6. On or about April 2, 2022, while onboard Southwest Airlines Flight 3814, enroute from Seattle, Washington, to Phoenix, Arizona, MCGARITY exposed his penis and masturbated while in view of the female passenger sitting next to him. MCGARITY was seated in seat 11F and the female witness was seated in seat 11E. Shortly after takeoff, and while the aircraft was in the air, MCGARITY exposed his penis by pulling down his pants and shorts and began masturbating.

7. The female witness captured pictures of MCGARITY with his hand on his erect penis, which I reviewed during the course of my investigation. At some point during the flight, MCGARITY fell asleep and the female witness got up and advised the flight crew about the incident. She was moved to another seat on the aircraft.

8. After Southwest Airlines Flight 3814 landed in Phoenix, Arizona, the female witness sitting next to MCGARITY was interviewed by Phoenix Police Officers. She advised MCGARITY exposed his penis by pulling down his pants and shorts and proceeded to masturbate during the first hour of the flight, starting shortly after takeoff. MCGARITY masturbated with his exposed penis in view of the female passenger on four separate occasions, using both his left and right hands. She suspected that MCGARITY ejaculated because he licked a white substance from his fingers.

9. MCGARITY was interviewed by Federal Bureau Investigation Special Agents. MCGARITY admitted to law enforcement that he had masturbated during his flight from Seattle, Washington, to Phoenix, Arizona, and that he had an orgasm. MCGARITY knew the female witness sitting next to him was aware he was masturbating and could see his exposed penis. MCGARITY was aware that the female witness sitting next to him used her telephone camera to capture MCGARITY masturbating. MCGARITY advised he asked the female witness if she minded if he masturbates. According to MCGARITY, the female witness put her hands in the air and said, “it really doesn’t matter”. MCGARITY said he thought it was kind of kinky. MCGARITY did not think the female witness was uncomfortable with him masturbating.

10. For these reasons, your affiant submits that there is probable cause to believe that MCGARITY, while in the special aircraft jurisdiction of the United States, on or about April 2, 2022, while onboard Southwest Airlines Flight 3814, enroute from Seattle, Washington, to Phoenix, Arizona, did violate Title 49, United States Code, Section 46506(2), application of certain criminal laws to acts on aircraft and District of Columbia Code Sections 22-1312, lewd, indecent, or obscene acts.”

The full US District Court document outlining the charges can be accessed here.
IN A SEPARATE CASE, MEANWHILE, a 76-year-old Florida man stands accused of harassing a young woman 55 years his junior, by exposing himself, masturbating and putting his hand on the woman’s thigh during a flight from Newark to Boston.
According to the charge sheet, on or about 8 April 2022, Donald Edward Robinson, 76, “allegedly engaged in masturbation and exposed his penis to a 21-year-old female passenger seated next to him while onboard a flight from Newark to Boston. Robinson is then said to have placed his hand on top of the victim’s thigh without her consent.
“Shortly after departure, the victim recorded a 24-second video of Robinson allegedly fondling and manipulating his penis through his pants. A short time later, it is alleged that the victim looked over and saw that Robinson had exposed his penis.
“Approximately five minutes before landing, Robinson allegedly placed his hand on the victim’s thigh, prompting the victim to ask why he was touching her, to which Robinson withdrew his hand and looked out the window. It is alleged that the victim then got the attention of another passenger and displayed a message on her phone, ‘Hi, this man assaulted me and touched my leg and is masturbating.’”
Robinson was arrested while still at the airport on a charge of performing lewd, indecent and obscene acts on a flight, the statement said. If convicted, he faces up to 90 days in prison, up to one year of supervised release and a fine of up to US$5000.

IN YET ANOTHER CASE, a man was sentenced to 21 months in prison a week ago for repeatedly fondling a stranger during a Southwest Airlines domestic flight to Atlanta, Georgia. The victim was an emergency room nurse who had just finished a full day shift.
Shortly after falling asleep on the flight, the nurse woke to find a stranger’s hand on her thigh. She reportedly removed the man’s wandering hand and asked him to stop, but the unwanted touching continued, as the man “kept his right hand on her thigh and move the hand towards her crotch area”, court documents say.
The man, 36-year-old Scott Russell Granden, of St Louis, Missouri, was said to have “nuzzled his face” into the nurse’s neck, “kissed her neck and told her how good she smelled”.
After being arrested at the airport when the plane landed, Granden, who is white, allegedly shouted a series of “vile racial epithets” and homophobic slurs at a black police officer who came to arrest him. Granden is also said to have pulled down his pants and yelled, “Rape!” and told a black FBI officer who responded to the scene that he should “be out picking cotton”.
After completing his 21-month prison sentence, Granden will serve one year of supervised release. He must register as a sex offender.
Those who misbehave in flight are usually men – but not always. The US Department of Transportation’s Federal Aviation Administration (FAA) has just proposed the largest-ever fines ever against two female passengers for separate cases of alleged unruly behaviour. One case involved repeatedly biting a fellow traveller. The fines of U$81,950 and US$77,272, respectively (each equivalent to well over A$100,000), are part of the approximately US$2 million the agency has proposed since the start of this year.
“If you are on an airplane, don’t be a jerk and don’t endanger the flight crews and fellow passengers. If you do, you will be fined by the FAA,” US Transportation Secretary Pete Buttigieg said last Friday, when he announced the fines.
The US$81,950-fine involves a female passenger on a 7 July 2021, American Airlines flight from Dallas-Fort Worth, Texas, to Charlotte, North Carolina. The FAA alleges the passenger threatened to hurt a flight attendant who offered to help her after she fell into the aisle. The passenger then pushed the flight attendant aside and tried to open the cabin door. Two flight attendants tried to restrain the passenger, but she repeatedly hit one of the flight attendants on the head. After the passenger was restrained in flex cuffs, she spat at, headbutted, bit and tried to kick the crew and other passengers. Law enforcement apprehended her in Charlotte.
The US$77,272-fine involves another female passenger. During a Delta Air Lines flight from Las Vegas to Atlanta on 16 July 2021, the passenger attempted to hug and kiss the passenger seated next to her, according to FAA allegations. The passenger is then accused of walking to the front of the aircraft in a bid to exit during flight, refusing to return to her seat, and biting another passenger multiple times. The crew had to physically restrain her.
In an encouraging sign, the FAA’s Zero Tolerance policy against unruly passenger behaviour, coupled with its public awareness campaign, has cut the rate of unruly incidents by nearly 60%. But more work remains.
US law prohibits interfering with aircraft crew or physically assaulting or threatening to physically assault aircraft crew or anyone else on an aircraft. Passengers are subject to civil penalties for such misconduct, which can threaten the safety of the flight by disrupting or distracting cabin crew from their safety duties. Additionally, US federal law provides for criminal fines and imprisonment of passengers who interfere with the performance of a crewmember’s duties by assaulting or intimidating that crewmember.
The passengers have 30 days after receiving the FAA’s letter to respond to the agency. The FAA does not identify passengers against whom it proposes civil penalties. 
Written by Peter Needham