A disabled Missouri veteran asked a federal appeals court Wednesday to order the Transportation Security Administration to reinstate his Pre-Check membership, which the agency suspended three weeks after he sued it to overturn the Federal Transportation Mask Mandate.
Pre-Check allows known travelers who register with TSA to use expedited airport security lanes.
Anthony Eades, 40, of Warsaw, Missouri, has been a Pre-Check member for five years. He’s part of a group of 13 disabled flyers plus a former flight attendant from nine states and the District of Columbia who filed six lawsuits Oct. 19 around the country charging TSA with exceeding its legal authority by continuing to extend a requirement that all public-transportation passengers don face masks.
Then on Nov. 10, the agency sent him a letter stating “As a result of recurrent checks and based on a comprehensive background check, TSA was unable to determine that you pose a sufficiently low risk to transportation and national security to continue to be eligible for expedited airport security screening through the TSA Pre-Check Application Program.”
In the motion filed today with the U.S. Court of Appeals for the District of Columbia Circuit, Eades wrote he has not flown since March 14 because he can’t wear a mask due to injuries suffered while serving in the U.S. Army in Iraq.
“This action represents illegal retaliation against me for suing TSA to stop the FTMM,” Eades declared. “I have not been arrested or charged with any crimes. The only thing I have done to attract TSA’s attention since my Pre-Check membership was reapproved May 27 was file this lawsuit.”
Eades asks the Court of Appeals to order TSA “to immediately restore my Pre-Check membership.
Finally, the Court should direct TSA to show cause within 10 days of the entry of an order why it should not be sanctioned and/or held in contempt for illegally retaliating against me for bringing this lawsuit seeking review of its ultra vires FTMM orders in direct disdain for this Court’s constitutional and statutory authority to consider challenges to agency actions.”
This marks the second time TSA has unlawfully retaliated against a disabled American suing to block the mask mandate.
Faris filed an emergency motion Oct. 27 with the U.S. Court of Appeals for the Sixth Circuit demanding he be removed from the watchlist. Three days later, TSA did just that.
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