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Home » Law In Travel » Republican Senators Oppose “No-Fly” List Because It “Equates” Mask Opponents To Terrorists
Law In Travel

Republican Senators Oppose “No-Fly” List Because It “Equates” Mask Opponents To Terrorists

Matthew Klint Posted onFebruary 16, 2022November 14, 2023 45 Comments

a woman eating cookies while another woman is smiling

A group of eight Republican U.S. Senators is opposing the creation of a new federal “no-fly” list  for unruly passengers, arguing that it would equate mask opponents to terrorists.

Republican Senators Argue New No-Fly List Would Equate Mask Opponents To 9/11 Terrorists

Earlier this month, Delta Air Lines CEO Ed Bastian sent a letter to U.S. Attorney General Merrick Garland asking that a new federal “no-fly” list be created for unruly passengers.

“In addition to the welcome increase in enforcement and prosecutions, we are requesting you support our efforts with respect to the much-needed step of putting any person convicted of an on-board disruption on a national, comprehensive, unruly passenger ‘no-fly’ list that would bar that person from traveling on any commercial air carrier.”


> Read More: Delta’s Misguided Effort to Create New No-Fly List


Eight Republican Senators have published their own letter to Garland, which strongly opposes the creation of such a new list:

“While we strongly condemn any violence towards airline workers, there is significant uncertainty around the efficacy of this mandate, as highlighted by the CEO of Southwest Airlines during a recent Senate Commerce, Science, and Transportation Committee hearing. Creating a federal ‘no-fly’ list for unruly passengers who are skeptical of this mandate would seemingly equate them to terrorists who seek to actively take the lives of Americans and perpetrate attacks on the homeland. The TSA was created in the wake of 9/11 to protect Americans from future horrific attacks, not to regulate human behavior onboard flights.”

The eight Republican Senators who signed the letter include:

  • Kevin Cramer (North Dakota)
  • Ted Cruz (Texas)
  • John Hoeven (North Dakota)
  • James Lankford (Oklahoma)
  • Mike Lee (Utah)
  • Cynthia M. Lummis (Wyoming)
  • Marco Rubio (Florida)
  • Rick Scott (Forida)

They argue that airlines are free to ban disruptive passengers, but the federal government should not be in the business of prohibiting passengers convicted of “non-terrorist, on-board disruptions” from stepping onto an airplane.

Meanwhile, Sara Nelson, President of the Association of Flight Attendants-CWA, called the letter “irresponsible and political brinkmanship that puts our economic security at risk right along with our lives.” She added:

“Homeland security is homeland security. Our flights are under attack by a small number of people and it has to stop…This is not about ‘masks,’ and the worst attacks have nothing to do with masks. You’re either for protecting crew and passengers from these attacks or you’re against.”

Nelson’s incendiary language is never helpful, but she’s right that this is not about masks. We have covered hundreds of stories of in-flight disturbance over the last two years and the idea that these incidents are simply conscientious objectors to the mask mandate engaging in civil disobedience is just absurd. Linking this “no-fly” list simply to masks greatly undermines the other arguments against the creation of a new list like transparency and due process concerns (arguments which form the basis of my opposition to the creation of a new list)


> Read More: Delta Wants To Collude With Other Airlines To Ban “Bad” Passengers – Why I’m Against It


CONCLUSION

I remain opposed to the creation of a new federal “no-fly” list, but the issue is not as simple as equating mask opponents to terrorists. In fact, that’s not the issue at all. These Senators would do well to focus on reasonable concerns over substantive due process, privacy, and transparency rather than reduce this to another mask debate.

image: Delta

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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45 Comments

  1. Billy Bob Reply
    February 16, 2022 at 10:58 am

    Mask opponents might not always be terrorists, but people that assault flight attendants certainly are.

    Where is the line? What if someone hijacks a plane because they are upset about masks, but lands the plane safely? Does that make them a terrorist yet?

  2. GUWonder Reply
    February 16, 2022 at 11:05 am

    I would prefer that these US Senators and their colleagues would rise up against the passenger “ID is security” nonsense that is part and parcel of flying on US common carriers domestically. If they force the TSA to get out of the passenger ID/identification business for us to fly domestically, then this government no-fly list thing won’t hit domestic US flyers and they can do something good for all Americans rather than to just play to an easily-triggered base for fund-raising and “get out the vote” basis during an election year.

    • Matthew Klint Reply
      February 16, 2022 at 11:10 am

      Agreed 100%. I’ve argued that here—

      https://liveandletsfly.com/tsa-abolish-id-checks/

      There doesn’t seem to be the appetite for it in the USA, though…

    • John L Reply
      February 16, 2022 at 4:22 pm

      Great idea – but it will never happen.
      Governments never relinquish control when they get it, esp. when the US is dying to implement some sort of social credit score.

  3. Paul Reply
    February 16, 2022 at 11:12 am

    There is no question that unruly, out of control and dangerous passengers should be removed from aircraft and possibly banned from flying. Airlines should also be required to install onboard cameras. We already have most other aspects of air travel being recorded.

    Without other ways to document incidents and onboard behavior, flight crews shouldn’t have indiscriminate power to decide who is unruly or out of control. There are times when the questionable behavior is that of the flight crew who have escalated incidents that could’ve been resolved in other ways.

    There is not and should not be any supreme rule of flight crews that permits placement on a national no fly list without recourse. If in place, realize the possible conditions that it could create. There are some crew members all too willing to act like jail wardens to force compliance in a setting that is a public conveyance and should be a convenience.

  4. courtney Reply
    February 16, 2022 at 11:12 am

    **A better solution: have airlines stop herding people like cattle. When there is no comfort in the economy section, where everyone is unpleasantly jammed together, what do you really expect would happen?**

    The problem is that a no-fly list will likely be used to harm those with political differences. I can see someone walking on a plane with a “Make America Great Again Hat” being chastised by the very unprofessional crews we’re seeing today. The power-hungry attendants will “show” that person.

  5. rjb Reply
    February 16, 2022 at 11:26 am

    So a 23 year brainwashed liberal flight attendant who doesn’t like your “Lets Go Brandon” mask can decide you are a “disruptive [passenger” and you may never be able to fly again?

    What could possibly go wrong?

    • Whiny Boomer Reply
      February 16, 2022 at 11:33 am

      Here’s an idea… don’t wear a let’s go Brandon mask on a plane

      • Dave Edwards Reply
        February 16, 2022 at 12:48 pm

        We do because “F#ck Joe Biden” is frowned upon. Even if he is doing it to the American public on a daily basis when they go to the gas station or grocery store.

        • Whiny Boomer Reply
          February 16, 2022 at 1:56 pm

          Just wear normal clothes.. or do you need to make sure everyone knows you are a troglodyte?

          • John L
            February 16, 2022 at 4:24 pm

            I don’t think you realize it but you’re exactly the reason why there should NOT be a govt run no-fly list

          • Whiny Boomer
            February 16, 2022 at 5:02 pm

            Why wouldn’t the airlines want a customer that knows how to act in public and doesn’t wear clothes that have to sole purpose of seeking negative attention?

        • Ken Reply
          February 17, 2022 at 3:31 am

          I’m just here to laugh at the tools who still think that any POTUS has anything to do with the price of gas, traded on the global market and subject to state taxes.

      • KoggerJ Reply
        February 19, 2022 at 4:01 pm

        WE had lefties wearing their BLM and anti-american masks. We didn’t make a childish scene like the lefties do.

        Just deal with it. Don’t be so fragile.

    • GUWonder Reply
      February 16, 2022 at 12:03 pm

      The FAs represent the people of the country.

      There area also plenty of power-tripping FAs on US flights whose faith is one with marching to the beat of their Lord Trump.

      As with too many of the police personnel across the US, too many people in positions of relative privilege are lousy at addressing questionable behavior while de-escalating the situation under their charge.

      • KoggerJ Reply
        February 19, 2022 at 4:02 pm

        The people of the country hate 46.

  6. derek Reply
    February 16, 2022 at 12:31 pm

    If someone is violent, they will be on a de facto no-fly list because they will be a resident of the federal prison system.

    The biggest reason that I am opposed to a no-fly list that is determined by the airlines is because of the lack of professionalism among flight attendants. They can be petty, lazy, and nasty. They are nowhere near the level of “thank you for your service” said to a war veteran or “thank you for taking care of Grandma” said to a surgeon that just did surgery on Grandma (surgery is more than just cutting but careful pre-surgery evaluation and post-operative management).

    • Matthew Klint Reply
      February 16, 2022 at 12:58 pm

      Agreed.

      • Jim Trebowski Reply
        February 16, 2022 at 1:45 pm

        Really?? Try greeting the FA with a warm smile as you board the plane. Guarantee you get better hospitality.

        • Matthew Klint Reply
          February 16, 2022 at 2:38 pm

          I do. I’ve still had some nasty ones (though thankfully very few and far between)

    • Santastico Reply
      February 16, 2022 at 2:15 pm

      I could not agree more. There are so many cases where FAs think they are an authority and can make people’s lives miserable. They are a private company and could make their own no-fly list. If someone is watching a NBA game and they behave poorly the team can ban them from getting into the arena again. Do the same on their own airline but I can only imagine if FAs had the power to place passengers on a national non-fly list we would probably not have passengers anymore. I have seen so many times obnoxious FAs that had to wake up early to work acting like a…holes with passengers that are not doing anything wrong. Ask Matthew when he almost got in trouble for taking pictures inside a plane. I bet you if he argued with the FA he could be in a no-fly list.

  7. Too Many Reply
    February 16, 2022 at 2:12 pm

    So the party of law and order doesn’t like it because they are afraid it punishes anti maskers more than others? How about just wearing a mask, like any other rule (i.e. wearing a seat belt or not smoking). Despite the fact this applies to anyone who is unruly, not just because they don’t want to wear a mask. Rules for thee, but not for me. And being associated with terrorists? Kinda like they don’t want to be criticized or be portrayed negatively?

    Talk about who’s being overly sensitive.

    • Jan Reply
      February 16, 2022 at 2:30 pm

      “Rules for me but not for thee” I think you are referring to the leftist politicians and their celebrity associates during the Superbowl.
      Except for the mayor of LA, because I think he held his breath the entire time and apparently that defeats COVID.

      • Average Republican Reply
        February 16, 2022 at 3:32 pm

        That was JFK Jr. Pretending to be the mayor of LA to make liberals look bad so he could become Trumps vice president in 2024. The real mayor of LA was pushed over the edge of the flat earth

      • Ken Reply
        February 17, 2022 at 3:29 am

        Do you know how ridiculous you sound when you use the term “leftist?” So plain lazy and pathetic.

  8. Alan Brint Reply
    February 16, 2022 at 3:17 pm

    I have, unfortunately, become very much an opponent to Sarah Nelson. I wish this was not the case, I think that what she is trying to do is good, within reason. But she takes things too far. It honestly seems like her attitude is basically that any extra work for flight attendants is a reason to whine, moan and complain. She talks too much and I am so very sick of her fear driven, contrarian centric attitude that makes airplanes harder, not easier, to fly on.

  9. K.C. Cooper Reply
    February 16, 2022 at 3:33 pm

    So this just happened… this might be the beginning of the end of the mask mandate. https://www.fox4now.com/news/state/american-and-southwest-airlines-issue-the-first-mask-exemption-letter

  10. GT Reply
    February 16, 2022 at 3:50 pm

    Being a very frequent flyer for over 30years I’m qualified to say a federal no fly list is needed. Stop being ignorant ppl. Did you forget 9/11? I won’t and neither will those who make a career of flying. More stringent Laws, TSA training, clear, forward thinking ppl need to be in charge. The world doesn’t need political hacks like those gop who need stroking and govt pensions as their priority interests. Wake up USA, terrorists want us in the worst way. We all know this

  11. John L Reply
    February 16, 2022 at 4:27 pm

    The DoJ is already monitoring parents who publicly go against what a school board wants. As a result, the DoJ now classifies these folks as “domestic terrorists.” (thanks Garland)

    Therefore, no one should be surprised that is not much of a stretch to extend this “domestic terrorist” tag to folks that don’t want to wear masks… or to those who wear Trump 2024/Let’s go Brandon shirts.

    • Whiny Boomer Reply
      February 16, 2022 at 5:05 pm

      You mean the parents that were threatening to kill school board members? That’s a little bit more than going against them I would say

  12. Mike Reply
    February 16, 2022 at 5:09 pm

    Masks are symbolic of the total failure of the government and the airlines in creating reasonable standards of carriage. F/A’s have become malicious and hateful towards their passengers, creating an inflight experience that is unacceptable. Everyone condemns violence but there is great fault with airlines not managing their staff and the affects are resulting in bad behavior all around. Will the government also prosecute FA’s that are egregious in carrying out their duties? The airlines don’t seem to be able to manage that. Perhaps cameras on the plane is the answer, cabin crew actions or lack of action will highlight what really goes on inflight.

  13. Jerry Reply
    February 16, 2022 at 6:20 pm

    Ted Cruz is one of the most liked and respected members of the Senate. We should listen to what he has to say. He and the other Senators are really just looking out for their constituency. If anti-mask incidents resulted in being put on a no fly list, think about how many of their voters wouldn’t have made it to Washington until Jan 7 due to bad traffic on the way in. Mask or no mask, American Patriots have a right to get to the Grand Hyatt in Washington as quickly and as comfortably as possible.

    • PlaneSailing Reply
      February 17, 2022 at 8:06 am

      You are being sarcastic – right ?. In my view, everything I have heard Ted Cruz say has been total nonsense………….

      • Jerry Reply
        February 17, 2022 at 10:33 am

        Yes I am. He’s a moron.

  14. ChuckMO Reply
    February 16, 2022 at 6:44 pm

    Today’s GOP is not the GOP of my youth. I’m still a registered Republican but have cast my vote for few Republicans since Pat Buchanan’s hateful speech at the ’92 convention. And today’s GOP makes that era look like Halcyon.

    • KoggerJ Reply
      February 19, 2022 at 4:04 pm

      Yeah the GOP of today are the basically the democrats of 10 years ago. We need actual reactionary people in the GOP to turn back the marxism from the demos.

  15. James M Reply
    February 17, 2022 at 8:46 am

    They’re crazy. And I’m a Republican.

  16. Mar V. Reply
    February 17, 2022 at 12:40 pm

    How does the picture you choose of a African American woman eating a cookie on a plane linked to this story. Why not show a pic of some of the senators that oppose it? Just saying!!

    • Matthew Klint Reply
      February 17, 2022 at 12:42 pm

      I considered putting a picture of Cruz smoking a cigar as the image, but used this stock image instead. I didn’t even think about the skin color of the subject.

  17. Mar V. Reply
    February 17, 2022 at 12:42 pm

    *An Arican American

  18. Mar V. Reply
    February 17, 2022 at 12:43 pm

    *An

  19. Mar V. Reply
    February 17, 2022 at 12:45 pm

    Matthew – do you need help finding a stock photo for a senator without a mask?

  20. MKo Reply
    February 17, 2022 at 4:15 pm

    “I didn’t even think of the skin color of the subject”. How does anyone still not realize that not seeing color is being willfully ignorant and perpetuates inequalities in our society. Educate yourself and be a better human .

    • Matthew Klint Reply
      February 17, 2022 at 5:10 pm

  21. Thomas Reply
    February 20, 2022 at 6:06 am

    If you physically assault someone, yeah, you need to be on the list, but it should be included with a police report. Verbal threats of bodily harm directed at a flight attendant, also, on the list. Anytime someone is added to the list, it needs to come after a complete investigation by the TSA/Police/FBI. Thats how i see it happening .
    Some of the comments on here about flight attendants, are seriously pathetic. You make it sound like the flight attendant would just look at you and put you on the list. THAT WOULD NEVER HAPPEN!

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