>> NEW AT FOUR-THIRTY SOUTHWEST AIRLINES IS BEING HIT WITH A NEW LAWSUIT FROM ONE MOM WHO SAYS SHE WAS RACIALLY PROFILED BY THEIR STAFF. AND SAMANTHA SPITZ REPORTS SHE WAS ACCUSED BY FLIGHT ATTENDANTS OF TRAFFICKING. HER OWN DAUGHTER. I >> FOR THIS BODY CAM FOOTAGE SHOWS THE ENCOUNTER BETWEEN POLICE AND MARY MCCARTHY AND HER AT THE TIME. 10 YEAR-OLD DAUGHTER MIRA AFTER A SOUTHWEST EMPLOYEE REPORTED WHAT SHE SAID WAS SUSPICIOUS BEHAVIOR. THE EMPLOYEE TOLD POLICE MOIRA MIGHT NOT BE MCCARTHY'S DAUGHTER IN COULD BE A HUMAN TRAFFICKING VICTIM. NOBODY TENANTS WERE JUST CONCERNED ABOUT ABOUT THE THE YEAR WHEN YOU BOARD THE AIRCRAFT PARTY RECORDED MOST OF THE CONVERSATION AND WITHIN MINUTES THE 2 WERE ALLOWED ON THEIR WAY. BUT MCCARTHY SAYS HER DAUGHTER WAS TRAUMATIZED AS A MOTHER OF A BIRACIAL CHILD WHO IS OFTEN PERCEIVED AS BLACK. I'M WELL AWARE OF RACIAL PROFILING. NOW AT THE CENTER OF A CIVIL RIGHTS LAWSUIT FILED AGAINST SOUTHWEST AIRLINES. IF A PRIVATE PARTY INTERFERES WITH A CONTRACT BETWEEN 2, 2 PARTIES BASED ON RACE, THAT'S A CIVIL RIGHTS VIOLATIONS. PARTIES ATTORNEY DAVID LANE SAYS SOUTHWEST DID NOT HOLD UP THEIR END OF THE DEAL THAT COMES WITH BUYING A PLANE TICKET. THE DENVER POLICE WERE PERFECTLY APPROPRIATE HERE. IT WAS SOUTHWEST THAT USE RACIAL PROFILING TO IMPAIR MARY'S ABILITY TO CONCLUDE HER CONTRACT AND GET SAFELY SAFE PASSAGE INTO THE TERMINAL SINCE PEAKING OUT. MCCARTHY SAYS SHE'S HAD DOZENS OF FAMILIES REACH OUT, CLAIMING SIMILAR EXPERIENCES. THERE'S ONE COMMONALITY ACROSS ALL OF THE PEOPLE WHO WRITE TO ME. IT'S OF THE PARENT HAS A DIFFERENT SKIN COLOR THAN THE CHILD. MCCARTY SAYS SHE JUST WANTS TO SEE SOUTHWEST TAKE ACCOUNTABILITY. THE DEEPER ISSUE HERE IS RACIAL PROFILING. WHETHER YOU'RE AN INDIVIDUAL OR CORPORATION, YOU SHOULD STOP AND CHECK YOUR BUYER SCENES. >> BEFORE YOU CALL THE POLICE. >> SAMANTHA SPITZ REPORTING FROM DENVER, QUEEN CITY NEWS. BRING YOU THE EXPERT ANALYSIS FROM ALL SIDES OF THIS CASE. WE'RE JOINED NOW BY CHIEF TRANSPORTATION CORRESPONDENT. BE LEARNED, CHIEF LEGAL ANALYST KELLY FOR ROADS. YEAH, THERE'S A LOT TO UNPACK HERE. SO WE'RE GOING TO START WITH MAKE A AS A VETERAN. >> PILOT YOURSELF IN VERY AWARE OF WHAT GOES ON WHEN PEOPLE TRAVEL. DO FLIGHT CREWS GO THROUGH ANY SPECIFIC TRAINING ABOUT HUMAN TRAFFICKING? YOU KNOW, IF YOU GO INTO THE BATHROOM AT THE AIRPORT, YOU SEE A LOT OF SIGNS FOR IT. BUT WHAT TRAINING DO THEY HAVE? WELL, ABSOLUTELY. AND, YOU KNOW, HUMAN TRAFFICKING IS THE SECOND MOST LUCRATIVE CRIME IN THE WORLD AFTER DRUG TRAFFICKING SAY YES, YOUR FLIGHT CREWS TO GO THROUGH TRAINING. >> FLIGHT ATTENDANTS IN PARTICULAR AND GATE AGENTS. THEY'VE GOT THEIR EYES ON YOU AND THEY KNOW WHAT TO LOOK FOR. THERE ARE CLOSE. THERE ARE SIGNS THERE ARE RED FLAGS. SO SOME OF THE SIGNS ARE IT'S A YOUNG PASSENGER SEEMS TO BE UNDER THE CONTROL OF AN OLDER GUARDIAN. IF THE YOUNG PASSENGERS NOT ALLOWED TO SPEAK FOR HIMSELF OR HERSELF. OFTENTIMES THE FLIGHT ATTENDANT WILL OFFER THEM A COKE OR A SPRITE AND THEY CAN'T EVEN ANSWER. THEY LOOK AWAY. THEY DON'T MAKE EYE CONTACT. THEY CAN'T GO TO THE BATHROOM BY THEMSELVES AND ALSO IF THE CHILD OR THE MINOR DOESN'T LOOK LIKE THE OLDER GUARDIAN, THAT IS A FLAG. BUT THEY NEED TO RESEARCH MORE ABOUT THAT TRAINING IS VERY, VERY IMPORTANT. AIRPORTS ARE HOT SPOTS FOR HUMAN TRAFFICKING. WE DON'T TALK ABOUT IT BECAUSE IT'S SO SAD. YEAH, WE'VE CERTAINLY SEEN A LOT OF THAT IN THE NEWS, BUT IT COULD LEAVE IF THEY DOES. THE MOTHER HAVE A CASE HERE AFTER LISTENING TO ALL 100%, YOU HAVE A CASE WHEN YOU BUY TICKETS A CONTRACT, YOU PAY GERMANY, YOU'RE CONTRACTING WITH THE AIRLINE TO DO SOMETHING IN THIS CASE. YOU'RE CONTRACTING A FLIGHT FROM SAN JOSE TO DENVER. AND DURING THAT CONTRACTUAL AGREEMENT. >> I'M CONTRACTING THIS GO FREELY FROM AIRPORT TO AIRPORT AND BE AN BOTHERED. AND SO IT GOES TO A NORMAL TORT ANALYSIS. DID I BUY CONTRACT? YES, DID I DID YOU HAVE A DUTY TO ALLOW ME TO ENJOY MY CONTRACT PEACEFULLY. YOU DID. YOU BREACHED THAT DUTY. WELL, YOU STOP ME ON THE AIR. AND WHEN THE AIR PAST LEADING FROM THE AIRPORT TO THAT, LEAVING THE PLANE AND IN THE PROCESS OF THAT, MOST OTHER PASSENGERS GOT OFF THE PLANE. BUT I HAVE TO STAY THERE BECAUSE THE WOMAN HAD TO STAY THERE WHEN THE CHILD SUFFERED SOME KIND OF HARM, SOME TYPE OF DAMAGES. >> YES, THIS REALLY EMOTIONAL. YEAH, SURE. SO OBVIOUSLY YOU APPOINT EMOTIONAL DISTRESS ON THE POINT TO SOME TYPE OF DAMAGE. YOU HEARD THE YOUNG LADY CRYING IN THE VIDEO THAT I WATCHED AND IN IN THAT SITUATION. THERE WILL STILL BE LEASED. THE BASELINE ARGUMENTS FOR CLAY. NOW, HOW CAN THIS PRETRIAL MOTIONS FOR IT TO BE DISMISSED? THAT I'M NOT SURE ABOUT THAT. I HAVE TO OBVIOUSLY LOOK AT DISCOVERY, BUT ON HIS INITIAL FACE DOESN'T SEEM LIKE A CASE FOR SURE. WELL, YEAH, BECAUSE WE BROUGHT UP THAT EMOTIONAL AND TRAUMATIC EXPERIENCE, TOO, ESPECIALLY FOR A YOUNG PERSON WHO'S JUST TRAVELING WITH WITH THEIR MAMA IN THIS CASE. DO YOU THINK THE FLIGHT ATTENDANTS ARE THE ONES THAT ARE GOING TO BE REPRIMANDED OR DOES THIS? >> SO WE FALL ON THE SHOULDERS OF THE AIRLINE WAS TO AIR LIVE IN HIS WHOLE TOTALITY. AND SO ONE OF THINGS I WAS CONCERNED WHEN I LOOK AT THE CLAIM IS TYPICALLY SAY SUE EVERYBODY IN AND SEE WHO CAN FALL OFF AND SO ON BECAUSE LAW ENFORCEMENT OF OFF TYPICALLY SEE, YOU KNOW, DENVER POLICE OR WHOEVER SHOWED UP THERE WOULD HAVE BEEN ATTACHES CLAIM, BUT IT'S ONLY THE MOTHER AND THE DAUGHTER OVER SOUTHWEST AIRLINES SO THAT EVERYONE AND YOU HAVE TO BE ABLE TO POINT TO NOT ONLY DID THIS OCCUR, BUT THE SOUTHWEST KNOW THAT THIS WAS OCCURRING. AND IF YOU FAIL TO, YOU KNOW, RESPOND OR REACT TO SOMETHING FOR PAST PERFORMANCE OR SOME PAST ACTION. AND SO IN THIS CASE, RACE WAS THE FOR CAUSES WITH THE MOTHERS ALLEGING IF MY DAUGHTER WASN'T BLACK, THIS NEVER WOULD HAVE HAPPENED. AND BECAUSE OF THAT. >> THAT'S WHY I HAVE A CLAIM. AND SHE LATE LIST IN HER CLAY IN THE PAST 2021, THEY DID THIS TO ANOTHER FAMILY. SO CLEEF I WANT TO MAKE SOMETHING CLEAR. SPOKE TO A CAPTAIN TODAY. >> AND SO IT'S A CAPTAIN'S ULTIMATE DECISION TO CALL LEO LAW ENFORCEMENT OFFICERS. THEY WOULD RATHER ERR ON THE SIDE OF CAUTION. GOD FORBID WHAT GOES ON WITH THIS HUMAN TRAFFICKING. THEY'RE GOING TO LET LEO'S LAW ENFORCEMENT OFFICERS PICK IT UP FROM THERE AND DECIDE THEY WOULD HATE ANY TRAUMA TO HAPPEN FOR ANYBODY. BUT IF THEY SEE THE SIGNS THEY ARE TRAINED TO. IF YOU SEE SOMETHING, YOU SAY SOMETHING TOO. SO THEY SAID TO AK WE WE ARE NOT HERE TO HARM ANYBODY FOR SEE SOMETHING SUSPICIOUS. WE'RE GOING TO SPEAK UP IF WE NEED TO APOLOGIZE. WE WILL. THIS WAS NOT A SOUTHWEST EMPLOYEE. I SPOKE WITH AMERICAN AIRLINES TO BE A COST AND THE LIKE AND YES AND YES BECAUSE OF THE SAFEST THE ISSUE THERE. SO MOST OF THE TIMES >> THAT INCONVENIENCE, EVEN IF A SLIGHT INCONVENIENCE CAN LEAD TO THE LIABILITY OF SO. >> THE ONE THING YOU MENTIONED EARLIER IS AT THE DIFFERENCE IN THE RACE IS SOMETIMES A FLAG. I'M NOT SURE HOW YOU CAN TRAIN AROUND THAT. IF YOU'RE LOOKING FOR THOSE TYPE THINGS AND YOU HAVE A CAUCASIAN WOMAN IN A MULTIRACIAL DAUGHTER AND IS AN AUTOMATIC TRIGGER, I THINK THEY'RE OPENING HIMSELF UP FOR A LOT OF THAT WILL BE CONTINUOUSLY. I THINK THERE ARE OTHER SIGNS THEY NEED TO BE LOOKING FOR AND THEY NEED TO VET. THE CAPTAIN NEEDS TO CALL AND SAY WE NEED TO LOOK INTO THIS PASSENGER. SURE THERE ARE OTHER STEPS.
