October 28, 2021
Spirit Airlines Harasses Autistic 4-Year-Old
Boy Suing TSA over Mask Mandate
Airline Made Family Obtain Another Doctor’s
Note, Forced It to Sit in Back of Plane
Oct. 28, 2021
By LUCAS WALL
BOSTON, Massachusetts – Spirit Airlines harassed and demeaned a 4-year-old autistic boy Tuesday who is part of a lawsuit against the Transportation Security Administration’s Federal Transportation Mask Mandate, demanding his parents provide a second doctor’s note that the child is mask-exempt and then illegally forcing the family to sit in the rear of both flights home from Boston to Orlando, Florida, via Myrtle Beach, South Carolina.
When the Seklecki family tried to check in Tuesday morning for their flights home after Michael Jr.’s specialty medical appointment Monday at Boston Children’s Hospital, Spirit supervisor Angelie Aponte told his father, Michael Sr., that he didn’t send in paperwork to Spirit. However, Michael Sr. did submit Spirit’s illegal form and Michael Jr.’s doctor’s note the day before the flight along with four pages of notes explaining how’s Spirit’s mask policy violates the law in at least 21 ways.
Aponte’s primary complaint, in a conversation captured on video and posted to YouTube, was that Michael Jr.’s doctor’s note didn’t have a date on it.
“See if the doctor can send you a new one with a stamped date,” Aponte told the Sekleckis at the check-in counter. “Without the proper documentation, I cannot do something.”
She also grumbled that Michael Jr. didn’t have a COVID-19 test, which is not required to board any domestic flight in the United States (the Centers for Disease Control & Prevention only requires a negative COVID-19 test for passengers boarding international flights to the United States, a policy being challenged in court).
“He is being denied a mask exemption because his licensed provider did not provide a date written on the form he signed?” Michael Sr. asked Aponte. “Spirit Airlines is refusing to allow him to board the flight, or refusing to allow him an accommodation to not have a mask on, knowing that you have been provided physician’s documentation but you are saying it doesn’t meet Spirit Airlines’ criteria to exempt him?”
Aponte offered to book the Seklecki family of four onto a later flight until they could get a new doctor’s note signed and dated by Michael Jr.’s doctor.
“I’m not refusing to transport him,” she said. “I can accommodate you in the next available [flight] until you can provide Spirit the information that you’re required.” (No federal policy requires a mask-exempt child to present an airline with a dated doctor’s letter.)
“It will be either we call the doctor again … or it will be a COVID test,” Aponte continued.
Spirit is among seven airlines being sued for its illegal policy in the U.S. District Court in Orlando in a class-action lawsuit by disabled Americans who can’t wear masks. The Sekleckis, who are part of ***a different case challenging TSA’s FTMM in the U.S. Court of Appeals for the 11th Circuit, are now seeking to join the class action after being denied boarding last week by Frontier Airlines and being harassed by Spirit.
Miguel Morel of the Littler law firm in Miami is defending Spirit in the class-action lawsuit. The Sekleckis e-mailed him early Tuesday to advise him they would be flying and were concerned about Michael Jr.’s mask exemption, but Morel did not respond. Spirit was going to strand the family in Boston if it could not get another doctor’s note.
Fortunately the Sekleckis were able to obtain a second mask-exemption note from Michael Jr.’s doctor just in time to make the flight to Myrtle Beach, during which they were illegally moved to the back of the plane. The same occurred on their connecting flight home to Orlando. U.S. Department of Transportation regulations prohibit moving a disabled passenger to another seat unless necessary to comply with a Federal Aviation Administration safety rule such as not having children in the exit row.
“It’s crazy for Spirit Airlines to determine if the form is acceptable or not rather than my son’s licensed pediatrician,” Michael Sr. said. “Ms. Aponte said the letter needed to be dated within 10 days of our flight. She was going to cancel our flight if he did not put a mask on, which he can’t do because of his disability.”
Michael Sr. said it’s stressful enough having to take his son out of state for specialized medical care. The behavior of Spirit and Frontier airlines have only made things that much more difficult.
“When I called the doctor’s office to get another mask-exempt note, the office manager was totally appalled Spirit would deny a 4-year-old autistic child a flight – and so should all Americans,” Michael Sr. said. “We almost missed our flight because of this nonsense. They were shutting the door as we got to the gate.”
He said Spirit’s gate agent told him condescendingly, “Next time follow the rules for the masks and you won’t miss your flight.” He then admitted Spirit seated the family in the last row because Michael Jr. can’t wear a mask.
“That was a horrible feeling to have our 4-year-old child have to sit in the back of the plane because he did not wear a mask for a medical reason,” Michael Sr. said. “We had booked seats closer to the front. That shows a total disrespect to him and his parents for us to endure that type of abuse.”
Demanding numerous doctor’s notes for Michael Jr.’s conditions, which is illegal under DOT regulations, is an awful invasion of privacy, Michael Sr. said.
“Supervisor Aponte not only made me share these letters from my son’s physician, she took photos of them on her phone, so they could go anywhere,” he said. “It’s absolutely appalling for an airline corporation overruling a doctor. Spirit does not have a license to practice medicine. That is a crime.”
Michael Sr. also has a medical condition that precludes him from being able to tolerate covering his face. Spirit denied his mask exemption, but he said he didn’t have time to fight it.
“Wearing a mask is horrible,” he said. “It makes me so irritated. My face breaks out.”
Shannon Bream of Fox News Channel interviewed Michael Sr. on her show early Tuesday about the family’s horrific experience with Frontier. That airline refused to allow the family of four to board a flight from Orlando to Hartford, Connecticut, Oct. 23 because of Michael Jr.’s disability. This happened despite the fact the Sekleckis submitted their son’s mask exemption to Frontier in advance, even though DOT regulations prohibit airlines from requiring advance notice.
Saturday’s incident with Frontier was also captured on video and posted to YouTube. The family had to take a Delta flight 13 hours later Saturday. Unlike Frontier, Delta did accommodate Michael Jr.’s mask exemption.
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