Violent and disorderly passengers could be banned from flying if US lawmakers succeed in passing their no-fly list bill second-time round.
Abusive behaviour has exploded in the aviation sector, with 831 unruly passenger incidents investigated and recorded last year by the Federal Aviation Administration (FAA). That’s a colossal increase of 469% between 2019 and 2022 – and only represents a third of reported cases, despite a supposed ‘zero-tolerance’ policy and the U.S. Attorney General telling prosecutors to prioritize investigations involving disruptive air passengers in 2021.
High profile recent incidents include a flight attendant who was stabbed in the throat by a broken-off spoon and attempted openings of emergency doors. Nearly $8.5 million in fines were proposed last year by the FAA, but it is toothless to force prosecutions.
Currently individual airlines must identify and refuse certain passengers. The proposed law would formalise the way business and authorities work together to develop a comprehensive national list of those responsible for the worst abuses, with the program overseen by the Transport Security Administration (TSA).
It is the second time Sen. Jack Reed, D-R.I., teamed with Reps. Eric Swalwell, D-Calif., and Brian Fitzpatrick, R-Pa., have attempted to get such legal protections through Congress.
In a news conference last Wednesday, the bipartisan, cross-house group, joined by flight attendants, argued that both crew and passengers would benefit from protection from known abusers.
When it comes to violence: if you try, you will not fly
Eric Swalwell, US congressman
“We deserve to go to work and to come home in the same shape that we were in when we got there,” said Jennifer Vitalo, a Southwest Airlines flight attendant. “This legislation helps us to be able to do just that.”
“Passengers must get on board and follow the rules and not commit acts of violence,” said Reed. “It would grant the TSA flexibility to develop this no-fly list and ensure it is fair, transparent and includes due process and the opportunity for appeal.”
Rights groups have responded by questioning the need for and fairness of the bill. The American Civil Liberties Union branded the no-fly list an unnecessary “due process nightmare.” Jay Stanley, senior policy analyst with the ACLU’s Speech, Privacy and Technology Project, stated that the bill hands the TSA excessive power over the length and application of the bans.
Stanley also pointed the finger at airlines, suggesting the increase in anti-social behaviour could be rooted in poor service. “If Congress wants to further reduce air-rage incidents on aircraft,” he said, “it should look at forcing the airlines to make flying a less miserable experience, especially for average people who can’t afford to play their game of paying premium prices for minor relief.”
