Lawsuit Against Government Still Unresolved
The Irish-born commercial pilot who sued the TSA last year after
he was placed on the agency's "No-Fly" list, without
explanation, has been cleared to return to the cockpit.
Aero-News last visited the case of Robert
Gray last November, when word got around he had sued
the federal government for refusing to upgrade his commercial
license last July. He was then placed on the No-Fly list
outright two months later, in September 2005, according to Gray's
lawyers.
While battling the government, Gray lost his flying job with
regional operator Cape Air -- although he was kept on in a
non-flying role. Most recently, the Cape Cod Times reports Gray
worked as a pilot recruiter.
Although the case is reportedly still pending -- neither Gray's
legal team nor the US attorney's office has reached a final
settlement -- Gray was removed from the No-Fly list earlier this
week.
Both entities also reported "substantial progress" in a status
report of their talks last week.
Perhaps most importantly to Gray, however, is the fact he can
fly again.
"We have what we need from all the federal agencies that would
allow Robert Gray to get back in the pilot's seat and fly for Cape
Air," airline spokeswoman Michelle Haynes said Monday. "He has been
removed from the no-fly list for our purposes."
Gray has already submitted to the required medical exam to
regain his commercial ticket.
"We expect he'll be flying by Wednesday," Haynes added. "He's
back."
What remains unclear is
why Gray was placed on the No-Fly in the first place. The
government still hasn't said what led to Gray's name being added to
the list of banned and prohibited pilots -- which his lawyers say
is a violation of Gray's rights.
Before he was placed on the No-Fly list, the TSA cited
"derogatory information" about Gray in "materials available to the
TSA" as a reason to keep him from achieving a higher rating on his
commercial ticket. The unspecified information led the agency to
deem Gray "a threat to aviation or national security."
Neither Gray's lawyer -- Sarah Wunsch of the American Civil
Liberties Union -- nor the US attorney's office in Boston would
discuss the case Monday.
Gray -- who came to the US in 1993, began working as a pilot in
1997 and is a permanent legal resident of the US -- confirmed he
has been released from the No-Fly list but declined to comment
further, according to the Cape Cod Times, citing advice from his
lawyers.