In-flight cell use gets man disorderly conduct charge

DALLAS – A 50-year-old Austin businessman was charged with disorderly conduct after he allegedly refused to stop using his mobile phone on a Monday flight from Austin to Dallas Love Field.

Dallas police met the plane after the pilot radioed ahead to the Love Field tower. They then cited Joe David Jones, president of an Austin-based environmental start-up company called Skyonic Corp., with the Class C misdemeanor.

The incident occurred as a Southwest flight from Austin began its descent into Dallas.

“After multiple requests, the flight attendants were not successful in getting the passenger to get off the phone,” said Southwest spokeswoman Brandy King.

According to the Dallas police report, Jones was asked repeatedly to turn off his cell phone.

He responded with expletives and said, “Not happening,” the report said.

According to the police report, Jones remained on the phone for about 20 minutes. When officers met Jones at the gate, he continued to “exhibit disorderly conduct,” police said.

Federal Aviation Administration regulations prohibit any use of mobile phones except when the aircraft is on the ground. Airlines can be fined up to $25,000 if they permit mobile phone use during a flight, and individuals also can face fines, King said.

Jones was unavailable for comment Monday, but his spokesman, Mark Clayton, said the businessman had received a message that his father’s heart had stopped beating and tried several times to reach officials in the cardiac unit where his father was being treated.

“(Jones) did express regrets for any inconvenience, but due to the life and death circumstances, he felt he needed to make the call,” Clayton said.

Beth Harbin, a Southwest spokeswoman, said that while the carrier sympathizes with Jones’ situation, “it was a safety regulation that we’re required to enforce and we’re simply not in a position to make exceptions.”