Commercial Pilot Sued Government After Being Put On "No-Fly"
List
Lawyers for commercial
pilot Robert Gray, who lost his flying privileges last year after
being placed on the federal "No-Fly" list, are hoping to convince
federal prosecutors out of court the Irish-born Gray is NOT a
security risk.
Gray -- who was born in Belfast, Ireland -- moved to the US in
1993. He received his commercial pilot rating in 1997. According to
media reports, Gray continues to work for regional
operator Cape Air -- although in a non-flying role -- while
both sides try to reach an out-of-court settlement in his
lawsuit filed against the federal government last July.
"Everything is on hold," said American Civil Liberties Union
lawyer Sarah Wunsch, who is representing Gray.
It was Gray who asked the First Circuit Court of Appeals to halt
proceedings, originally scheduled to begin with oral arguments
December 5. A status hearing on any progress made behind the scenes
by the prosecution and the defense is now scheduled for that
date.
The incident began last July, when Gray sued the TSA after he
was denied permission to upgrade his commercial license for larger
aircraft. According to the Cape Cod Times, the TSA claimed Gray was
a "threat to aviation or national security," but refused to state
why.
While the notation that prevented the higher pilot rating was
from the "Selectee" list -- requiring those on the list to submit
to increased screening before being allowed to board a flight, Gray
was later moved to the "No-Fly" list, according to his lawyers.
The "No-Fly" listing prohibits Gray from boarding any US
aircraft, as either pilot or passenger, in any circumstance. The
TSA maintains the lists on recommendations from the Federal Bureau
of Investigations.
Although it was initially reported last
year that island-hopping regional Cape Air had fired Gray
after he lost his flying privileges, according to
company spokeswoman Michelle Haynes the airline has kept him on the
job, but in a non-flying role.
Citing his lawyers' advice, Gray has declined to comment on the
case. Court documents appear to validate his claim of never having
supported any "terrorist of other illegal activity"; in fact, Gray
has never been arrested, nor has he had any prior involvement with
the criminal justice system.
While it is unclear why Gray is opting to settle his case out of
court, it is not an uncommon strategy to attempt to reach a better
deal through the informal process. The ACLU's Wunsch also did not
rule out the possibility of resuming the formal challenge if
negotiations failed to reach a favorable outcome.
A spokeswoman for US Attorney Michael Sullivan -- whose office
is defending the US government in the Gray case -- said only that
the dispute is "ongoing," according to the Times.
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