WASHINGTON—U.S. Senator Jeff Merkley (D-Oregon) vowed to introduce a bill blocking the sale of middle seats on domestic flights during the COVID-19 pandemic, following a viral selfie snapped by the lawmaker on a packed American Airlines flight that drew heavy criticism on social media aimed at the carrier. 

The photo, uploaded to Twitter July 2, came a day after Fort Worth-based American resumed booking flights to capacity on July 1. Prior to that date, the airline had been capping load factors at 85% on all flights.

Accompanying the image was a tweet from Merkley expressing outrage at the decision: “@AmericanAir: how many Americans will die [because] you fill middle seats, w/ your customers shoulder to shoulder, hour after hour. This is incredibly irresponsible. People eat & drink on planes & must take off masks to do so. No way you aren’t facilitating spread of COVID infections.”

Following an outpouring of support on Twitter, Merkley pledged to introduce a bill banning the sale of middle seats during the pandemic, which he said could be included in a package of airline accountability reforms being crafted in the upper chamber.

American Airlines spokesman Ross Feinstein defended the decision to resume booking flights to capacity in an emailed statement to Aviation Daily.

“The load factor cap began before we had implemented multiple layers of protection for customers, which includes clean airports and airplanes, healthy team members, and requirements for customers and crew to wear face coverings,” Feinstein said. “With all of these layers of protection, we are comfortable removing the load factor cap we have had in place since April.”

Centers for Disease and Prevention (CDC) director Robert Redfield disagreed at a June 30 Senate Health Committee hearing.

“When they announced that the other day, there was substantial disappointment with American Airlines,” Redfield said. “I can say this is under critical review right now by us at the CDC. We don’t think it’s the right message ... It’s really important for individuals—whether on a bus or train or plane—to social distance to the degree that is feasible, and to at least have a reliable face covering.”

In the absence of any kind of federal guidelines on inflight social distancing, airlines are taking divergent approaches to limiting load factors. American, Spirit Airlines and United Airlines are booking flights to capacity, although all three say they are trying to create more space between passengers when possible. Alaska Airlines and JetBlue Airways are blocking middle seats on all flights through July 31, while Delta Air Lines and Southwest Airlines are blocking theirs through Sept. 30.

American Airlines pilots, represented by the Allied Pilots Association, have developed their own proposal, which would see the federal government step in and purchase tickets for middle seats on all domestic flights while the pandemic persists, an approach the union says would help stabilize airline finances while ensuring adequate social distance in the cabin.