"FLYING IMAMS" INCIDENT SPARKS GOP EFFORTS TO PROTECT AMERICANS WHO REPORT POTENTIAL TERRORIST ACTIVITY

Via email:

Responding to widespread public outrage about last November's infamous "flying Imams" incident aboard a domestic airline flight, House Republicans today will offer a proposal that would protect innocent Americans who report potential terrorist activity aboard various forms of public transportation by shielding such Americans against frivolous lawsuits.

Modeled after legislation authored by Rep. Steve Pearce (R-NM), the Republican measure seeks to prevent innocent Americans from being wrongly discouraged against reporting potential terrorist activity. The measure would grant immunity from civil liability to both passengers and employees of surface transportation carriers who report suspicious behavior and potential terrorist activity to authorities in good faith. The measure, to be offered as the Republican motion-to-recommit (MTR) on H.R. 1401, the Rail and Public Transportation Security Act (H.R. 1401), covers reports of potential threats to transportation systems and passenger safety and security associated with all modes of surface transportation.

Background:

In November 2006, six Islamic leaders were removed from a U.S. Airways flight from Minneapolis to Phoenix after they were observed acting suspiciously - including not sitting in their assigned seats, asking for seatbelt extenders although not needing them, making anti-American statements, and other suspicious behaviors. Earlier this month, these individuals filed suit against the passengers who reported the suspicious behavior.

The Threat:

The "flying Imams" incident has raised the disturbing possibility that frivolous lawsuits could have a chilling effect on the free flow of information that is critical in the post-9/11 world. Passenger vigilance is essential to our security; and the passengers who report such incidents in good faith should be the subjects of praise and appreciation, not frivolous lawsuits.

The GOP Solution:

By passing a specific grant of immunity that covers passengers reporting suspicious activity in good faith, Republicans will prevent special-interest lawyers from using "creative" legal theories to attack the well-meaning passengers who make reports. The motion:

Grants immunity from civil liability to any person that voluntarily reports suspicious activity that could be a threat to transportation security.
Provides attorneys fees for defendants victimized by frivolous lawsuits.
Is retroactive to activities that took place on or after November 20, 2006 - the date of the Minneapolis incident, and authorizes courts to award attorneys fees to defendants with immunity.

It is important to remember that the Transportation Security Administration (TSA), the Federal Aviation Administration (FAA), and transportation systems nationwide (subways, railways, buses) rightfully urge passengers to report anything suspicious. Law enforcement agencies across the country have "tip lines" to report suspicious activity.