Narrative:

We were about to depart mdw on a ferry flight to pit. There was a frontal passage in progress with rain and aircraft reporting moderate turbulence. The sky was quite dark and threatening. Prior to takeoff on runway 4R I swung the aircraft to the east and checked the area with the radar and noticed a cell to the east but far enough away to turn inside of it. Prior to takeoff I cautioned the first officer to call departure immediately after liftoff so that we would have time to negotiate a heading. An air carrier medium large transport had taken off just ahead of us and I was sure departure was aware of the WX. Right after takeoff we advised departure that we could take a heading of northeast or southeast and was given a heading of 070. We were painting an area of WX that showed magenta around the edges and red in the middle. The aircraft radar is very sensitive and we had it in the lowest sensitivity. Departure then gave us a heading of 090 which would have put us in the middle of the WX. I told the first officer to tell departure that we were unable to do that and ATC responded telling us that we had no choice in the matter and that another aircraft had gone through the area without complaint. At that point I took the microphone (the first officer was a west coast type who takes 12 words to say what a new englander says in 2) and in no uncertain terms told departure that we would not be able to turn east until we were clear of the WX. We were given a climb to 13000 ft and I selected maximum control power and departure then told us to provide our separation ourselves! (We were IMC.) to avoid the WX our heading was 060 degree and we bent it around to the east (announcing this to ATC) in 5 degree increments as we went around the WX. With 2 near misses involving airliners at mdw in the last 2 weeks I am very concerned about ATC in this area. (I regret not declaring an emergency as soon as departure told us to provide our own separation.) the attitude of this controller is going to cause an accident. Pilots who are intimidated into flying into WX they deem unsuitable will contribute to it. In this case the captain is a 25 yr veteran who fully realizes how little he knows about flying into possible severe WX and avoids it at all cost.

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Original NASA ASRS Text

Title: ACR RPTR COMPLAINS ABOUT CTLR ATTITUDE WHEN LAST MIN REQUEST TO DEVIATE AROUND WX.

Narrative: WE WERE ABOUT TO DEPART MDW ON A FERRY FLT TO PIT. THERE WAS A FRONTAL PASSAGE IN PROGRESS WITH RAIN AND ACFT RPTING MODERATE TURB. THE SKY WAS QUITE DARK AND THREATENING. PRIOR TO TKOF ON RWY 4R I SWUNG THE ACFT TO THE E AND CHKED THE AREA WITH THE RADAR AND NOTICED A CELL TO THE E BUT FAR ENOUGH AWAY TO TURN INSIDE OF IT. PRIOR TO TKOF I CAUTIONED THE FO TO CALL DEP IMMEDIATELY AFTER LIFTOFF SO THAT WE WOULD HAVE TIME TO NEGOTIATE A HDG. AN ACR MLG HAD TAKEN OFF JUST AHEAD OF US AND I WAS SURE DEP WAS AWARE OF THE WX. RIGHT AFTER TKOF WE ADVISED DEP THAT WE COULD TAKE A HDG OF NE OR SE AND WAS GIVEN A HDG OF 070. WE WERE PAINTING AN AREA OF WX THAT SHOWED MAGENTA AROUND THE EDGES AND RED IN THE MIDDLE. THE ACFT RADAR IS VERY SENSITIVE AND WE HAD IT IN THE LOWEST SENSITIVITY. DEP THEN GAVE US A HDG OF 090 WHICH WOULD HAVE PUT US IN THE MIDDLE OF THE WX. I TOLD THE FO TO TELL DEP THAT WE WERE UNABLE TO DO THAT AND ATC RESPONDED TELLING US THAT WE HAD NO CHOICE IN THE MATTER AND THAT ANOTHER ACFT HAD GONE THROUGH THE AREA WITHOUT COMPLAINT. AT THAT POINT I TOOK THE MICROPHONE (THE FO WAS A W COAST TYPE WHO TAKES 12 WORDS TO SAY WHAT A NEW ENGLANDER SAYS IN 2) AND IN NO UNCERTAIN TERMS TOLD DEP THAT WE WOULD NOT BE ABLE TO TURN E UNTIL WE WERE CLR OF THE WX. WE WERE GIVEN A CLB TO 13000 FT AND I SELECTED MAX CTL PWR AND DEP THEN TOLD US TO PROVIDE OUR SEPARATION OURSELVES! (WE WERE IMC.) TO AVOID THE WX OUR HDG WAS 060 DEG AND WE BENT IT AROUND TO THE E (ANNOUNCING THIS TO ATC) IN 5 DEG INCREMENTS AS WE WENT AROUND THE WX. WITH 2 NEAR MISSES INVOLVING AIRLINERS AT MDW IN THE LAST 2 WKS I AM VERY CONCERNED ABOUT ATC IN THIS AREA. (I REGRET NOT DECLARING AN EMER AS SOON AS DEP TOLD US TO PROVIDE OUR OWN SEPARATION.) THE ATTITUDE OF THIS CTLR IS GOING TO CAUSE AN ACCIDENT. PLTS WHO ARE INTIMIDATED INTO FLYING INTO WX THEY DEEM UNSUITABLE WILL CONTRIBUTE TO IT. IN THIS CASE THE CAPT IS A 25 YR VETERAN WHO FULLY REALIZES HOW LITTLE HE KNOWS ABOUT FLYING INTO POSSIBLE SEVERE WX AND AVOIDS IT AT ALL COST.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.