U.S. Department ofTransportation Federal Aviation Administration In Reply Refer To: ACE-7 20l3CE090058 Office ofRegional Counsel 901 Locust, Room 506 Kansas City, MO 64106-2641



# RECEIVED**~lAY** 

## 122014 Area Code: 816-329-376t-JEARING 

## DOCKET CERTIFIED MAIL- RETURN RECEIPT REQUESTED Certifed Mail Receipt Nos. 70111150000003377822 & 70111150000003377839 May 5, 2014 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room Suite 2W1000 Re: In the Matter ofRyan Cornwall Case No. 2013CE090058 Enclosed herewith please find a copy ofa request for a hearing and the original and one copy ofthe Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matter be held in St. Louis, Missouri, and expects that the hearing will last one day. Please address all communications for the FAA to Mark G. Camacho, Federal Aviation Administration, Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. Sincerely, A. Lester Haizlip Regional Counsel

# ik~~' ltarkG. Camacho

( Senior Enforcement Attorney

EnclosuresU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# REcEIvED

------------------------.

In the Matter of: Served: May 5, 2014**~1AY** 

## 1 2 2014 FAA DocketNo. FAA Case No. 2013CE090058HEARING DOCKET ---"'R"'-y.::an::....::Cc:o.::m::_wc:.a=l"-l

_________ _J Judge Not Assigned 

### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. February 11, 2014, Respondent Ryan Cornwall was advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$17,000. On May I, 2014, Respondent submitted a written request for a hearing. II. 1. On or about September 11, 2013, you were a ticketed passenger on United Express Airlines Flight 3615, being operated under the provisions of 14 C.F.R. Chapter I, Part 121, enroute from Denver, Colorado, to Omaha, Nebraska. 2. Incident to boarding Flight 3615, you went down thejetbridge, stood on the bridge connector smoking an e-cigarette, and tried to get the attention ofthe two flight attendants (FA#Iand FA#2) located inside the aircraft cabin. 3. You were met by FA#1 prior to boarding the aircraft and told that you could not smoke the e-cigarette aboard the aircraft. 4. In response you stated "Yes I can, homeland security said I can, it's not smoke, it's vapor", or words to that effect, and continued to argue with FA#1. 5. Eventually you were boarded, the door closed, and FA#2 prepared to start a safety demonstration while standing at the row in front ofyou.6. At that time youhad your phone out and FA#2 told you to please turn the phone off because the aircraft was pushing back, or words to that effect. 7. You failed to comply with FA#2's instruction. 8. Rather than comply with the instruction you insistedthat you wanted to send a text message. 9. Again FA#2 told you that you needed to turn offthe phone. 10. Once more you failed to comply with FA#2's instruction. 2

11. Rather than comply with FA#2's instruction, you used your phone, and when done, you took your open flip-phone, putitup to the face ofF A#2, and shut it closed stating "THERE, IT'S OFF"! 12. While FA#2 was conducting a safety demonstration you mocked FA#2 by making motions with your hands mimicking her demonstration with the seat belt so as to make fun ofthe FA in the presence ofother passengers while the FA was performing her required duties. 13. Based on your loud, disruptive, and disrespectful behavior noted above, a determination

was made by the cabin crew to not serve you any alcoholic beverages as it appeared that you may be intoxicated. 14. While FA#2 was subsequently conducting beverage service you asked herto serve you three beers. 15. Youtold FA#2 that the passenger sitting nextto you would pay for the three beers. 16. Inresponse to your request, FA#2 squatted down inthe aisle at eye level withyou and whispered to you in a professional manner, "I'm sorry but it appears you have been drinking andby lawI can't serve you any alcohol on this flight, but I am happy to get you anything else you want to drink" or words to that effect.17. Inresponse you got angry, startedtalking in loud voice and said: ""WHY? HOW SO? HOW SO? WHY DO YOU SAY THIS?", or words to that effect. 18. FA#2 again explained to you the reason for not serving you alcoholic beverages. 19. You took offyour sunglasses, leaned into the face ofFA#2, and said: "I'm so sorry you're fat and ugly and youhate your life but have a great life." You then leaned back in your seat and stared at FA#2. 3

20. FA#2 got up, leftthe service cart inplace, went to the galley, returned, and served the rest ofthe passengers seated in your row their drinks. 21. As FA#2 started pushing the service cart forward, you yelled: "What, you're not going to serve me?" or words to that effect. 22. You then rose up, reached around FA#2 and started to putyour hand in front ofFA#2 to either hurt her, or try to take something to throw or steal something from the service cart. 23. FA#2 put her hand up to block you and you grabbed a soda can and tried to take it from the service cart. 24. FA#2 said: "Stop it", she tookthe top ofthe soda can. 25. You then grabbed FA#2's arm and held onto itwhile she tried to pull away her arm. 26. FA#2 said: "Do nottouch me. We 

### will notbe interacti11.gthe rest ofthe flight. Ifyou need something, askthe other FA", or words to thateffect. 27. You responded by saying: "OKbig Bertha, OKbig Bertha", orwords to that effect. 28. Thereafter, when FA#2 would pass by your row, you triedto gether attention, and continuedto make futpeoplejokesdirected 

### atF A#2. 29. Once Flight 3615 landed and the aircraft startedto taxito the gate, it stopped and parked before actually arriving 

### atthe gate.4 30. Incidentto 1he 

### aircraft stopping, you gotup out ofyour seat while 1he fasten seatbelt sign was still on, started stumbling around wi1h an unlit cigarette in your mouth, and opened an overhead bin door. 31. Incident to you getting up from your seat, as noted above, youhadto be told by the cabin

crewto sit down and fasten your seatbelt, at whichpointyou finally sat down. 32. After you sat down you 

### startedpointingto1he overheadbinina persistent mannertrying to getFA#2's attention. 33. Based on the above, you assaulted a crewmember, interfered with a crewmember in the performance ofher duties, and intimidated and threatened a crewmember. 34. Based on the above, your loud yelling and disruptive behavior created a hostile and intimidating environment for other passengers aboard the aircraft sitting near and around you. 35. As a result ofyour unruly and disruptive behavior, as well as your intimidating and threatening demeanor, you were met by local police authorities after the aircraft pulled up to the gate and you began to exit the aircraft. 36. Incident to your departure from the aircraft you went up to FA#2, got in her face and said, "Youcan't fix ugly", orwords to that effect. 37. Atthatpoint youresist being arrested for disorderly conduct, and you were finally taken away by local police officers. III. 1. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations:

### 5 a. On several occasions §121.580, which states that no person may assault, threaten, intimidate, or interfere with a crewmember's duties aboard an aircraft being operated under Part 121;and b. On one (1) occasion §121.317(£), which states inrelevant partthat each passenger required to occupy a seat shall fasten his or her safety belt about him or her and keep it fastened while the "Fasten Seat Belt" sign is lighted. 2. Pursuantto Title 49 U.S.C. 46301(a)(5)(A), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$12,324 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penalty in the amount of$12,324. Dated this 5th day ofMay, 2014. Respectfully submitted,Answer 

### Section 13.209(a) ofthe Rules ofPractice in FAA Civil Penalty Proceedings states, "A respondent shall file a written answer to the complaint, or may file a written motion pursuant to Section 13 .208(d) or Section 13.218(£)(1-4) instead offiling an answer, not later than 30 days after service ofthe complaint. Section 13.209(f) states, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint. 6

### Ryan Cornwall, FAA Case No. 2013CE090058



### CERTIFICATE OF SERVICE I hereby certify that I have this date placed in the United States mail, certified, return receipt requested, a copy ofthe Administrator's Complaint, addressed to: Mr. 

### Ryan Cornwall 4924 Papaya Drive Fair Oaks, CA 95628 In addition, I hereby certify that I have this date placed in the United States mail, certified, return receipt requested, the original and one copy, addressed to: Federal Aviation Administration 800 Independence Avenue, SW. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000

Dated this 5th day ofMay, 2014. •

## I~ 

# ··**~t~'-- ~Wk**  Alisa Gause Paralegal Specialist 7

# RECEIVED



# ....Jr

... 61 

# wi 

# wriih'vt!\ J/e5 ! - 

## MAY 12 2014

# {~fV**~lNG** DOCKET

I

# r'1.2Nr:~ 

# (**~** GU(

# cl/rlj ttC'£.

# ~ I 

# :1 b 

## I

# 5> 

# c E eJft@

### e:;j

## f(

.. 

# 1J1y Y1 fvWI.e / ') 

# K)ttv V\-' 

# C**or!J/IN~** 

## t.f. 

# I



# I 

# I I I II I 

# I I 

# I l 

# I

,, . ------- 

### SrJL[r'llvf-0..0V/f(J i 

# clr

# x.~M!Zew~ tfl&-**/tJ~** '6f}7