Austin airport passenger wrongful arrest lawsuit on hold

Attorneys representing an Austin-Bergstrom International Airport passenger, who contends that failure on the part of airline staff and Austin police officers to accommodate her hearing impairment resulted in a wrongful arrest and injury at the Travis County Jail, are in talks with Travis County attorneys. The talks may result in the county avoiding a widely publicized potential lawsuit.

The incident occurred in September, when Karen McGee, 71, was at ABIA on a layover on her way to Seattle. According to McGee’s attorneys, the Florida resident has profound bilateral hearing loss and was on her first trip alone since the onset of the condition. McGee is represented by attorney Rebecca Webber and two members of the University of Texas Civil Rights Clinic.

McGee said through her attorneys that her inability to understand airline staff led to a response by ABIA security and the Austin Police Department. She contends that failure on the part of those officers to communicate in a way she could understand led to her arrest and a broken wrist that she says she sustained during a strip search at Travis County jail. The Austin Chronicle reported in March that McGee would sue both the city and Travis County.

On Wednesday, Webber told the Austin Monitor the lawsuit is currently on hold while the legal team is in talks with Travis County attorneys on an agreement to trade information that would allow the parties to avoid a lawsuit. McGee’s attorneys met with Travis County attorneys on March 31 and discussed whether to begin exchanging information that parties are entitled to in litigation – but without resorting to formal litigation.

During the meeting, McGee’s attorneys presented Travis County with a presentation that included a slide asserting McGee entered the jail without a broken wrist and left the jail with a broken wrist. According to Webber, Travis County attorneys disputed the first of those facts but not the second. “They don’t dispute that she left the jail with a broken wrist,” Webber said.

McGee alleges that she sustained an injury to her wrist during a strip search upon entering Travis County Jail – after her arrest by APD. Due to what her attorneys attribute to procedural issues, she remained in custody for 48 hours without access to medical treatment. Upon release, she fainted outside the facility and Travis County deputies called Austin-Travis County EMS.

In March, McGee’s legal team told the Monitor it intended to file the lawsuit alleging wrongful arrest by APD, failure to accommodate by Alaska Airlines and “textbook excessive force” by Travis County. A city of Austin spokesperson acknowledged the city was aware of the incident and stood “ready to defend the lawsuit.” The Travis County Sheriff’s Office told the Monitor it couldn’t comment on ongoing litigation.

This isn’t the first issue the airport has had with regard to accommodating those with disabilities. In February, a deaf passenger complained to the Austin Airport Advisory Commission after being stopped by Transportation Security Administration officials without explanation during a recent trip to ABIA. In response, the airport and TSA each announced streamlined “customer care” processes intended to increase passenger support, including for those with disabilities.

Earlier this week, the airport went a step further, announcing a Hidden Disabilities Sunflower Program to help support passengers with “non-visible disabilities.” Starting in April, passengers with disabilities, such as autism, anxiety disorders and dementia, can order a sunflower lanyard to wear while at ABIA. The city said the lanyards are intended to work as visual cues and a discreet way of indicating to airport staff and other passengers that someone may need more time or assistance at the airport.

When detailing McGee’s story to the Monitor, McGee’s attorneys said the airport needs increased accommodation for individuals with disabilities. Body-camera footage of the incident viewed by the Monitor showed several individuals who were involved accusing McGee of being intoxicated due to her mannerisms and tone of voice.

McGee denies through her attorneys that she was intoxicated. Instead, she said her hearing problem can affect the volume of her voice in loud settings – such as airports – and that stressful situations can further impact her ability to hear and make her feel confused. She also suffers from anxiety and post-traumatic stress disorder, which make situations even more difficult to navigate. McGee’s attorneys said increased awareness about individuals with hearing impairments could have helped avoid the situation.

“It’s that they just didn’t know what to do with her because she (has a hearing impairment) and she was confused,” Webber told the Monitor in March. “So their solution was to pass her off to Travis County. ‘We’re taking her to jail.’ And that’s not what the Americans with Disabilities Act says. It’s clearly a violation.”

Photo: Body-camera footage shows police warning McGee she will be arrested.

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