John C. Doubek DOUBEK, PYPER & FOX, LLP 307 N. Jackson P.O. Box236 Helena, MT 59624 Telephone: ( 406) 442-7830 Attorney for Respondent 

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UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. J. RANDOLPH BABBIT, Administrator Federal Aviation Administration, ) FAA DOCKETNO: CP05NM0026 )

. Complainant, MAVREEN T. WILSON-DOJ]BEK Respondent. · ) FDMS NO. FAA-2011-0683



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) FAA Case No.: 2011NM190012 }

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.) RICHARD C. GOODWIN 

### .) ADM]J.JlSTRA.TLYE LAW 

### JUDGE )

### ~--------------------) RESPONDENT'S BRIEF IN OPPOSITION

TO FAA'S MOTION FORA DECISION (RECEIVED BY THE UNDERSIGNED ON JANUARY 3, 2012)
. FAA's statement as to the Standard ofReview is accurate. Indeed, all inferences inthe evidence must be drawn in favor ofthe non-moving party. Ifthere are genuine issues ofmaterial fact, the motion for a decision (or summaryjudgment) should be denied. Itis critieallyimportantthat the Admjnistrative**~aw** Judge knowthat.contrary to the F.AA'sst\(tementatthe bottom ofpage 2 and top ofpage 

## 3ofits mbtion that Respondent didnotpurchase the bottle ofwine at issue in a restal.ri-ant intbeairport.

I. RESPONDENT'S BRIEF IN OPPOSITION TO FAA'S MOTION FORA 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 ofthe airportjustbefore she boarded her flight. Respondent submitted a statement from the proprietor ofthe 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 TASA 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 thatparticular vendor site previously and believed all along that ifarticles were purchased at that site which was onthe inside ofthe secured area, that those items could be taken aboard and consumed. No one ever told Respondent otherwise. No one ever told the owner ofthe 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 whenhe saw her drinking wine from the mini wine bottle. Out offear she simply took the last gulp when he started yelling ather. 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 attachthe 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 ofthis proceeding. Another copy ofthat is attached hereto. What is critical is what she indicates therein, which in pertinentpart states the following: "I worked for four years in security [within the secured area] in our Helena airport during the period oftime approximately 2005-2009 and sold many small bottles ofalcohol 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 ofcustomers drank the bottles I sold to them on the plane. I was not aware ofany ruling that states that the customers were not to drink the bottles onthe plane. Ifthis is the law then it would be helpful ifyou could postthis ruling somewhere so the people that purchase the small bottles ofalcohol 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. Itwas pointed out that Respondent is on social security disability and has very limited means. The other facts were also pointed out to the FAAbut little heed was given to anything that was provided. The issue ofthe amount ofthe fine also constitutes
a genuine issue ofmaterial fact which needs to be decided bythe Judge herein. In conclusionthere are affirmative defenses and mitigating factors which militate against deciding this case for the FAA at thisjuncture. Thus the motion should be denied. 

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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 ofJanuary, 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 onthe

# jl!__ day ofJanuary, 2012, I served a true and correct copy ofthe 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 2W1000 David F. Shayne FAA Office ofRegional 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

· DearSteven,

1am replying to a letter regarding "Unlawful Consumption ofAlcoholic Beverage" that Ireceived in the maH on January 10, 2011. Iam having a hard time recafling this so caHed incidentthatyou are referring to. Let me tell you a bit about myself. 1own two restaurants in Helena and have been a Real Estate Broker in Helena formany years. 1am a very respectful and law abiding person. Iam handicapped and do require certain accommodations. Iam recaliing an incident on one ofmy trips to see my grandchildren on December 4, 2010 in which Idid have a confrontationwith a very rude male airline attendant. Ido have some handicaps in which Idid require assistance. The airline seemed to have lost any communication regarding my handicap status and help Jrequired. Ican'teven recall ourdisagreement we had but Ido rememberthat he was rude, unhelpful, and arrogant. Irecall getting on the plane in the rear and immediately having a problem with the male attendant's lack of assistance that Irequired. The female attendantcame tothe rear ofthe plane eventually and was very nice and helpful. Iworked for four years in security in our Helena airport during the period oftime approximately 2005- 2009 and sold many small bottles ofalcohol that people would carry on the plane. Iwas instructed by the security themselves thatthe only rule to opening the alcohol was thattheycould not have an open container between security and the plane. Ialways assumed that my hundreds ofcustomers drank the bottles Isold to them on the plane. Iwas not aware ofany ruling that statesthatthe customers were not to drink the bottles on the plane. Ifthis is the law then it would be helpful ifyou could post this ruling somewhere so the people that purchase the smaH bottles ofalcohol do not openthem on the plane. Iam sorry Ican not be ofmore assistance to you in this matter but it would be nice ifyou 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 attorneyin Helena. Thank you for yourtime. Sincerely,

Maureen T. Doubek Cc: Doubek and Pyfer Law Firm c/oJohn Doubek