No-Fly Plaintiff’s Mistreatment Included Incident at Mitchell Field

April 7, 2004

On April 6, 2004, the American Civil Liberties Union filed a nationwide class-action challenge to the government's “No-Fly” list. The lawsuit alleges that innocent travelers who pose no threat to aviation security are often unconstitutionally interrogated, detained and stigmatized as a result of federal official’s use and management of the No-Fly list.

Although the suit was filed in a federal district court in Seattle, the case hits closer to home: Attorney David Fathi, one of the seven named plaintiffs in the lawsuit, alleges he was singled out for enhanced screening, detained for two hours, and publicly stigmatized as a potential terrorist when trying to board a flight at Mitchell Field last summer. Atty. Fathi, a U.S. citizen of Middle Eastern descent whose surname is Iranian, is also a senior staff attorney for the National Prison Project of the ACLU.

According to the complaint, on July 25, 2003, in Mitchell Airport, Mr. Fathi’s ticket was marked with an “S” and he was required to undergo enhanced security screening. After he passed the screening and was approaching his gate, an airline security supervisor publicly told Mr. Fathi that he was on the “No Fly List” and that the matter had to be taken care of with the Sheriff’s Department. In full view of other passengers, an armed Sheriff’s Deputy then escorted Mr. Fathi to a Sheriff’s Department office in the airport. Another officer then told Mr. Fathi that they would need to obtain FBI clearance before he would be permitted to fly, and took his driver’s license. After some delay, the deputies obtained the FBI clearance. Ultimately an armed deputy escorted Mr. Fathi back to the security checkpoint and for a second time required him to undergo enhanced security screening procedures. The complaint alleges that Mr. Fathi has continued to suffer stigmatization, delays, temporary detentions and other restrictions on his travel since that time.

The ACLU of Wisconsin assisted Atty. Fathi in gathering documentation of his treatment by law enforcement officials at Mitchell Field. “David Fathi - and other innocent travelers - should not be stigmatized as security threats in front of their friends, families, and other passengers,” noted ACLU of Wisconsin Legal Director Larry Dupuis. “We strongly support the ACLU’s efforts to vindicate the rights of innocent passengers here in Wisconsin and around the country.”

To view a copy of the ACLU’s complaint CLICK HERE
The allegations concerning Atty. Fathi’s treatment at Mitchell Field are at pp. 14-16.