WATCH: Family kicked off Delta flight after being told to give u - Spokane, North Idaho News & Weather KHQ.com

WATCH: Family kicked off Delta flight after being told to give up seat 2-year-old was using

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YouTube/Brian S YouTube/Brian S
LOS ANGELES -

An Orange County family is demanding an apology from Delta Airlines after they said they were kicked off of flight and threatened with jail time for refusing to get off of an LAX-bound flight last month. 

Brian Schear and his family were on the flight heading to LAX from Maui. Schear says he bought three tickets, one for him, one for his wife and one for their 18-year-old son. Initially their young children aged 1 and 2 were going to sit on their parents' laps, but Schear bought another ticket for their teenage son on an earlier flight home so they could use the third seat for their 2-year-old son. That's when the trouble started. 

Schear says his family was buckled and ready to fly home, but the airline told him since his teenage son wasn't using the seat, they would have to give it up. 

Schear refused. 

“Well, you should have thought of before you oversold the flight. I bought that seat,” Schear is seen saying on cell phone video of the incident. 

An employee in the video appears to tell Schear that if he doesn't comply, his entire family would find themselves in jail. 

“We’re going to be in jail?” Schear responded. "You're saying you're gonna give that away to someone else when I paid for that seat? That's not right."

The airline staff told Schear they needed the seat because the flight was overbooked and the original passenger whose name was on the seat (their teenage son) was not using it. 

Eventually, Schear agreed to hold his son on his lap for the flight, but it was too late. The airline said Schear and his family had to leave. 

The flight was a red-eye and the couple was left with their two small children having to find and pay for a hotel room and pay $2000 for another flight the next day on United Airlines. One airline employee tells him that under FAA regulations, 2-year-old children are not supposed to have their own seats at all and are supposed to sit in parents' laps for the duration of the flight.

"With him being two, he cannot sit in the car seat," one airline employee tells him. "He has to sit in your arms the whole time."

FAA and Delta websites appear to encourage parents to buy separate seats for young children and use a child safety restraint system.

"We want you and your children to have the safest, most comfortable flight possible," Delta's website advises parents. "For kids under the age of two, we recommend you purchase a seat on the aircraft and use an approved child safety seat."

Schear says his son flew in his own seat on the original flight out to Hawaii without a problem. 

Delta released the following statement to a local southern California news station. 


"We're sorry for what this family experienced. Our team has reached out and will be talking with them to better understand what happened and come to a resolution."

The airline also said the family was not kicked off the plane because the flight was overbooked but did not elaborate or offer any other details as to why the family was booted from the flight, according to ABC 7.





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