John C. Doubek 

DOUBEK, PYPER & FOX, LLP 

307 N. Jackson 

P.O. Box236 

Helena, MT 59624 

Telephone: ( 406) 442-7830 

Attorney for Respondent 

RECEIVED 

_ 0t-tfJ 1~01 

,HIARtNC DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

J. RANDOLPH BABBIT, Administrator 

Federal Aviation Administration, 

) FAA DOCKET NO: CP05NM0026 

) 

. Complainant, 

MAVREEN T. WILSON-DOJ]BEK 

Respondent. · 

) FDMS NO. FAA-2011-0683 

. ) . . . . . . 

) FAA Case No.: 2011NM190012 

} . . ·. . . . 

. ) RICHARD C. GOODWIN 

.) ADM]J.JlSTRA.TLYE LAW JUDGE 

) 

~--------------------) 

RESPONDENT'S BRIEF IN OPPOSITION 

TO FAA'S MOTION FOR A DECISION 

(RECEIVED BY THE UNDERSIGNED ON JANUARY 3, 2012) . 

FAA's statement as to the Standard of Review is accurate. Indeed, all inferences 

in the evidence must be drawn in favor of the non-moving party. If there are genuine 

issues of material fact, the motion for a decision (or summary judgment) should be 

denied. 

It is critieallyimportant that the Admjnistrative ~aw Judge know that.contrary to 

the F.AA'sst\(tementatthe bottom of page 2 and top of page 3 of its mbtion that 

Respondent did not purchase the bottle of wine at issue in a restal.ri-ant intbe airport. 

I. RESPONDENT'S BRIEF IN OPPOSITION TO FAA'S MOTION FOR A DECISION (RECEIVED BY 

TIIE UNDERSIGNED ON JANUARY 3, 2012) 
Instead, and as she has stated in her answer, she purchased it at a station/vendor site in 

the secured area of the airport just before she boarded her flight. Respondent submitted a 

statement from the proprietor of the site indicating that the proprietor did not know that 

the Respondent could not drink that particular beverage (a mini wine bottle) which they 

had sold her from the vendor site. 

Respondent had gone through the T ASA security area and was in the boarding 

area awaiting her flight. She purchased one mini wine bottle from that kiosk or vendor 

site. She had indeed worked for that particular vendor site previously and believed all 

along that if articles were purchased at that site which was on the inside of the secured 

area, that those items could be taken aboard and consumed. No one ever told Respondent 

otherwise. No one ever told the owner of the vendor site or kiosk anything to the 

contrary. 

There is no posting, no signage, no warning sign to the user that they could not 

take articles that they purchased at that site aboard and consume them. 

Furthermore, the way in which the flight attendant treated Respondent is 

important. Respondent was afraid because the flight attendant immediately began yelling 

at her when he saw her drinking wine from the mini wine bottle. Out of fear she simply 

took the last gulp when he started yelling at her. She didn't realize that she had been 

doing or would be doing anything improper. That is why in her answer she indicated also 

that the female flight attendant came up to her and apologized for the rude way in which 

the male flight attendant had been treating her. 

2. RESPONDENT'S BRIEF IN OPPOSITION TO FAA'S MOTION FOR A DECISION (RECEIVED BY 

Tiffi UNDERSIGNED ON JANUARY 3, 2012) 
The FAA also did not attach the Attachment 2 which was originally attached to its 

prior filings. Attachment 2 is a response that Respondent submitted to the FAA at the 

very beginning of this proceeding. Another copy of that is attached hereto. What is 

critical is what she indicates therein, which in pertinent part states the following: 

"I worked for four years in security [within the secured area] in our 

Helena airport during the period of time approximately 2005-2009 and 

sold many small bottles of alcohol that people would carry on the plane. I 

was instructed by the security themselves that the oniy rule to opening the 

alcohol was that they could not have an open container between security 

and the plane. I always assumed that my hundreds of customers drank the 

bottles I sold to them on the plane. I was not aware of any ruling that 

states that the customers were not to drink the bottles on the plane. 

If this is the law then it would be helpful if you could post this ruling 

somewhere so the people that purchase the small bottles of alcohol do not 

open them on the plane." (Bracketed provisions added for clarity.) 

The fact is, the FAA unilaterally determined to assess an $1,100.00 fine against 

Respondent. It was pointed out that Respondent is on social security disability and has 

very limited means. The other facts were also pointed out to the FAA but little heed was 

given to anything that was provided. The issue of the amount of the fine also constitutes 

a genuine issue of material fact which needs to be decided by the Judge herein. 

In conclusion there are affirmative defenses and mitigating factors which militate 

against deciding this case for the FAA at this juncture. Thus the motion should be 

denied. 

Ill 

Ill 

3. RESPONDENT'S BRIEF IN OPPOSITION TO FAA'S MOTION FOR A DECISION (RECEIVED BY 

THE UNDERSIGNED ON JANUARY 3, 2012) 
DATED this 4() day of January, 2012. 

DOUBEK, PYPER & FOX, LLP 

B~~o~hn~C~.D~bh~~b~ek~~~=-~-~·-_·-_··· __ 

Attorney for Maureen Wilson-Doubek 

CERTIFICATE OF SERVICE 

I hereby certify that on the jl!__ day of January, 2012, I served a true and correct 

copy of the foregoing upon opposing counsel via USPS at Helena, Montana, addressed as 

follows: 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Bldg. - Ste 2W1 000 

David F. Shayne 

FAA Office of Regional Counsel 

1601 Lind Ave., SW 

Renton, WA 98057 

4. RESPONDENT'S BRIEF IN OPPOSITION TO FAA'S MOTION FOR A DECISION (RECEIVED BY 

THE UNDERSIGNED ON JANUARY 3, 2012) 
Attachment 2 

2636 Woodward Avenue 

Helena, Mt 59601 

January 12, 2011 

· Dear Steven, 

1 am replying to a letter regarding "Unlawful Consumption of Alcoholic Beverage" that I received in the 

maH on January 10, 2011. 

I am having a hard time recafling this so caHed incident that you are referring to. Let me tell you a bit 

about myself. 1 own two restaurants in Helena and have been a Real Estate Broker in Helena for many 

years. 1 am a very respectful and law abiding person. I am handicapped and do require certain 

accommodations. 

I am recaliing an incident on one of my trips to see my grandchildren on December 4, 2010 in which I did 

have a confrontation with a very rude male airline attendant. I do have some handicaps in which I did 

require assistance. The airline seemed to have lost any communication regarding my handicap status 

and help J required. I can't even recall our disagreement we had but I do remember that he was rude, 

unhelpful, and arrogant. 

I recall getting on the plane in the rear and immediately having a problem with the male attendant's lack 

of assistance that I required. The female attendant came to the rear of the plane eventually and was 

very nice and helpful. 

I worked for four years in security in our Helena airport during the period of time approximately 2005-

2009 and sold many small bottles of alcohol that people would carry on the plane. I was instructed by 

the security themselves that the only rule to opening the alcohol was that they could not have an open 

container between security and the plane. I always assumed that my hundreds of customers drank the 

bottles I sold to them on the plane. I was not aware of any ruling that states that the customers were 

not to drink the bottles on the plane. 

If this is the law then it would be helpful if you could post this ruling somewhere so the people that 

purchase the smaH bottles of alcohol do not open them on the plane. 

I am sorry I can not be of more assistance to you in this matter but it would be nice if you could address 

this man's arrogance and encourage him to be a bit more polite to handicap customers in the future. 1 

will forward this letter to my brother and attorney in Helena. 

Thank you for your time. 

Sincerely, 

Maureen T. Doubek 

Cc: Doubek and Pyfer Law Firm c/o John Doubek