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U.S.

Department
of Transportation

Southern Region
Office of the Regional Counsel

Federal Aviation

(404) 30s-s200
(404) 30s-s223

Administration

Jtjhl 3

P.O. Box 20636

Atlanta, Georgia 30320

FAX

,:'i,J

CERTIFIED - RETTJRN RECEIPT REOUESTED

& REGI-ILAR MAIL

2009so110098

Stacy Antawn Barret

c/o Robert W. Dodd

Stacy Antawn Barrett

Stacy Antawn Barrett

Stacy Antawn Barrett

Stacy Antawn Barrett

ORDER ASSESSING CIVIL PENALTY


On January 15,2010, you were advised through a Final Notice of Proposed Civil Penalty that the

FAA proposed to assess a civil penalty in the amount of $15,000.

After consideration of all of the available information in this matter. it has been determined that:

1'. On or about June 10, 2009, you were a pNsenger aboard Pinnacle Airlines flight
number 2210 (hereinafter "Flight 2210") from Jacksonville, Florida (JAX), to
Memphis, Tennessee (MEM).

2.

During takeoff and shortly thereafter, the "Fasten Seat Belt" sign was illuminated.

3.

Despite the illuminated "Fasten Seat Belt" sign, you left your seat to use the lavatory.

4.

During flight the "Fasten Seat Belt" sign was illuminated.

5.

Despite the illuminated "Fasten Seat Belt" sign, you stood from your seat to yell,
"You are a racist, no thanks on the coffee!"

6'

Additionally, during the flight you made verbal and./or physical comments, threats,
and./or gestures, including, but not limited to the following:

a.

"She is a racist!"

b.

"She is from the Arian nation, bitch!"

c.

"There are people I know that would have stabbed you with
now." - directed at the flight attendant.

d.

directed at the flight attendant.

directed at the flight attendant.

"What the fxck are you lookin' at you white b*tch?"


passenger.

a Rambo

knife by

directed at a female

e. "All you white mother fxcking racists, I'll have someone waiting for you when
you get off in Memphis!"

7.

f.

"Shut-up!"

g.

Hitting the

seat back

- directed

at passengers.

directed at minor passengers.

of a minor passenger.

Your conduct caused a reasonable apprehension of imminent bodily harm in

the

minils of the passengers and/or crew members.


8.

You made contact of an insulting or provoking nature with another passenger

9.

You behavior caused the cabin and flight crew to become concerned for the safety of
the aircraft, crew, and passengers such that the flight crew diverted to Birmingham,
Alabama, in order to remove you from the aircraft.

10.

Your disruptive behavior interfered with the crewmembers' performance of their


duties.

l. Consequently, your behavior on Flight 2210 was in violation of the following United
States Code and Federal Aviation Rezulations:

a.

49 U.S.C. $ a6318(a) - An individual who physically assaults or threatens to


physically assault a member of the flight cre\ry or cabin crew of a civil aircraft
or illy other individual on the aircraft, or takes any action that poses an
imminent threat to the safefy of the aircrafr. or other individuals on the aircraft

is liable to the United States Government for a civil penalty of not more than
$25,000.
b.

14 c.F.R. $ 121 .317( - Each passenger required by l2t.31r(b) ro occupy a


seat or berth shall fasten his or her safety belt about him or her and keep it
fastened while the "Fasten Seat Belt" sign is lighted.

c.

c.F.R. $ 121.317(k) - Each passenger shall comply with instructions given


him or her by a crewmember regarding compliance with paragraphs (, (g),
(h), and (l) of this section.

d.

14

14. C.F.R. $ 121.580 - No person may assault, threaten, intimidate, or interfere


with a crewmember in the performance of the crewmember's duties aboard an
aircraft being operated.

NOW, THEREFORE, IT IS ORDERED, pursuant to 49 U.S.C. Sections a6301(a)-(d), that you


be and hereby are assessed a civil penalty in the amount of $15,000.

You are hereby ordered to pay, immediately, the assessed amount by mailing or delivering a
cprtified check or money order in the amount of $15,000, payable to the "Federal Aviation
Administration," to:
FA1^/ANLZ-350
P.O. Box 25170
Oklahoma City,

OK

73125

The amount of civil penalty assessed in this Order constitutes a debt owed to the United States.
You have now exhausted your right to seek review of the validity or amount of this debt. If this
debt is not paid in full within 30 days of your receipt of this letter, the debt is considered
delinquent. For delinquent debts, federal regulation (49 C.F.R. $39.23) requires us to charge
interest, from the date of this Order, at a ftxed, annual rate of I%o, along with an administrative
charge of $12.00 per month, representing our costs of administrative collection. Furthermore, if
the full amount assessed is not paid in full within 120 days of your receipt of this letter, we are
required to assess an additional penalty at an annual rate of 60/o, accruing from the date of
delinquency. Delinquent debts may be reported to consumer reporting agencies or commercial
credit bureaus, which could adversely affect your credit rating. Non payment of this debt may
ultimately result in a referral to a collection agency, the Internal Revenue Service, or to the
United States Department of Justice for enforced collection.
EDDIE L. THOMAS
REGIONAL COLTNSEL

Bv:

Oriono I signed by

MLLIAM P. VS

Attomey
Office of the Regional Counsel

CERTIFICATE OF SERVICE

hereby certiff that the foregoing Order Assessing Civil Penalty has been mailed by Certified
Mail & Regular Mail to:
Stacy Antawn Barret

Antawn Barrett

Stacy Antawn Barrett

Stacv Antawn Barrett

\r-<
L)\iU
Dated

cc:

ATL-FSDO, AMZ-350-SO
ASO-7:gaj:6-16-10
F:\ADMINI\ORDERS\COLLECT\COL2009U009SO

11

0098.DOC

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