It’s not theft. Unless otherwise noted, intentionally blocked, or obviously intended for some other purpose (e.g. to plug in an ATM), the outlets in the waiting area are specifically there for passenger convenience.
In fact, airliners and airports are specifically expanding this functionality for more people to take advantage of;
Omaha’s Eppley Airfield has also been adding electrical outlets in
various areas of the terminal and has more installations planned in
the near future. “We regard them as a necessary amenity to users of
the terminal,” said Stan Kathol, director, finance and administration
for the Omaha Airport Authority, “The traditional building-wall
outlets only are no longer sufficient in today’s society.”
Furthermore
When the $907 million expanded Terminal 2 opened at San Diego International Airport this past August, the USB-enhanced power ports
(more than 1,600 in total) at every seat were among the new amenities
touted. “It’s been tremendously popular,” said airport spokeswoman
Katie Jones… Just last week, Huntsville International Airport
installed a half dozen new charging stations
Several airport spokespeople and directors are qouted in this article, touting their airports increase in the availability of such power outlets (and creating power stations to add to the already available power supplies). Clearly, if airport spokespeople and directors are touting the use of such power outlets, the airports intend for passengers to use them.
Even if wall outlets in airport seating areas were not originally placed there for passenger convenience, if an airport has taken no measures to block or otherwise discourage the use of such outlets, that should be a pretty good indication to you, that they are ok with it (or at the very least, that they don’t care).
I used to ‘get around this’ technicality by asking at the info desks at airports where there might be a power point to charge my laptop etc, even if I’d spotted some. They’d usually helpfully point out one, or say ‘oh just use any you find’. That way I figured I’d be able to argue being covered if it came down to security yelling at me or worse.
I’ve also since seen some airports tape over power points, presumably because they don’t want it to be used.
Others openly point to them, and indicate free Wi-Fi all around and so on.
One view is that you can walk in – anyone’s welcome despite it being private property. They’re certainly happy for you to use their power and water in the washroom, on the assumption you’re a passenger as well. One could argue reasonable assumption in court if it came down to it, but it’d be interesting to see how that went.
Sleepinginairports notes that many airports have made quite the effort in deactivating outlets.
Wikipedia notes that it’s common for airport lounges to have power outlets for passengers to use.
I think the difference between the Leaf incident and what you’re asking is that the guy was not somewhere he could reasonably be expected to be, with no reasonable expectation of use of their facilities. Much like if you use the electricity at your friend’s house, they’re unlikely (I’d hope) to be able to sue you, the airport already offers you its facilities, and indeed wants to you spend time eating, dining and so on there.
Of course, until this actually goes to court, we are not lawyers, and likely cannot do much more than speculate on what would result, unfortunately.
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