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ACLU In Appeals Court For No Fly List Challenge By Jim Douglas |
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May 14, 2012 - The American Civil Liberties Union (ACLU) on Friday began its augment in the U.S. Court of Appeals for the Ninth Circuit that its challenge to the government’s secretive No Fly List should be reinstated. The ACLU represents 15 U.S. citizens and permanent residents, including four military veterans, who are banned from flying to or from the U.S. or over American airspace, causing great personal hardship. They have never been told why they are on the list or given a reasonable opportunity to get off it. The national ACLU, along with its affiliates in Oregon, Southern California, Northern California and New Mexico, filed the lawsuit against the FBI, which creates and controls the list. |
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Last May, the district court in Portland dismissed the case for
lack of jurisdiction, ruling that the lawsuit should have been
filed against the Transportation Security Administration, which
administers the redress process for travelers denied boarding.
“Without a meaningful way for people to challenge their
inclusion on the list, there's no way to keep innocent people
off it. We filed our case against the right agency, and the
government’s effort to delay a hearing on the constitutionality
of this unfair system is wrong.”
Being unable to fly has severely affected the plaintiffs’ lives,
including their ability to be with their families, go to school,
and travel for work. Plaintiff Abe Mashal, a U.S. Marine Corps
veteran and dog trainer, has lost the business of clients
located outside of driving distance from his home in Illinois.
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