Air Marshal Association Challenges Agency Rules And Practice
The Federal Air Marshal Association, Inc. (FAMA) and its President Terry Babb, filed suit today in the United States District Court for the District of Columbia (Case No. 05-CV-1088(RCL)) against Department of Homeland Security Secretary Michael Chertoff and Federal Air Marshal Director Thomas Quinn, challenging federal air marshal rules designed to prevent federal air marshals from speaking about any matter that pertains to the Federal Air Marshal Service, the Transportation Security Administration and the U.S. Department of Transportation.
(PRWEB) June 7, 2005 -- The Federal Air Marshal Association, Inc. (FAMA) and
its President Terry Babb, filed suit today in the United States District Court
for the District of Columbia (Case No. 05-CV-1088(RCL)) against Department of
Homeland Security Secretary Michael Chertoff and Federal Air Marshal Director
Thomas Quinn, challenging federal air marshal rules designed to prevent federal
air marshals from speaking about any matter that pertains to the Federal Air
Marshal Service, the Transportation Security Administration and the U.S.
Department of Transportation.
The lawsuit alleges that the Federal Air
Marshal Service rules are an attempt to “smother and prevent the disclosure of
information by federal air marshals of agency mismanagement, fraud, waste and
abuse.” In addition, the lawsuit challenges the Federal Air Marshal Service
actions in investigating the Federal Air Marshal Association in an attempt to
identify FAMA members, its Board of Directors and other private information
about the organization.
In this regards, the lawsuit alleges that on
November 17, 2004, agents from the Department of Homeland Security and/or
Federal Air Marshal Service compelled Mr. Babb, a federal air marshal, under
threat of disciplinary action and/or criminal prosecution into divulging
information about FAMA’s membership, dues structure, the identity of its Board
of Directors and officers.
The lawsuit seeks to strike down several of
the Federal Air Marshal Service’s regulations and seeks to enjoin the Department
of Homeland Security and the Federal Air Marshal Service from infringing upon
the recognized First Amendment Rights of Babb, FAMA and its members in speaking
about matters of public concern and in their right to associate with a lawful
organization. FAMA, among other reasons, seeks to protect its members’ interest
in joining and participating in the association without fear of administrative
or criminal prosecution.
FAMA legal counsel Stephen G. DeNigris, Esq.
called the agency regulations at issue unconstitutional both on their face and
in their application. He asserted the regulations were “nothing more than an
attempt by the Federal Air Marshal Service to prevent oversight by Congress and
the public at large of an agency rife with mismanagement and pettiness.” As to
the investigation into FAMA as an association, Attorney DeNigris commented that
these types of investigation have been found improper by the Supreme Court for
over 40 years.
“This is exactly the type of investigative practices that
the NAACP fought against during the civil rights movement and which the Supreme
Court found improper.” DeNigris continued, “Every individual has a right to be a
member of and participate in a lawful organization for a lawful purpose. The
actions of DHS and the FAM Service during the investigation were nothing more
than an overt attempt to infringe on the privacy of the association, to
discourage membership in FAMA and to prevent participation in the organization
by air marshals who protect the flying public.”
Federal Air Marshal
Association, Inc., membership consists of federal air marshals and federal
flight deck officers. The expressed goal of FAMA is to advance professionalism,
integrity and mission effectiveness without regard for political or bureaucratic
agendas.
The lawsuit will be posted on FAMA’s website within the next
several hours. www.famaonline.com
Contact Information:
Stephen G.
DeNigris, Esq. Attorney At Law
(703)416-1036 (Voice) (703)416-1037 (fax)
e-mail: e-mail protected from spam bots
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Source : http://www.prweb.com/releases/2005/6/prweb248168.htm