Commercial Pilot Sued Government After Being Put On "No-Fly" List

Lawyers for commercial pilot Robert Gray, who lost his flying privileges last year after being placed on the federal "No-Fly" list, are hoping to convince federal prosecutors out of court the Irish-born Gray is NOT a security risk.

Gray -- who was born in Belfast, Ireland -- moved to the US in 1993. He received his commercial pilot rating in 1997. According to media reports, Gray continues to work for regional operator Cape Air -- although in a non-flying role -- while both sides try to reach an out-of-court settlement in his lawsuit filed against the federal government last July.

"Everything is on hold," said American Civil Liberties Union lawyer Sarah Wunsch, who is representing Gray.

It was Gray who asked the First Circuit Court of Appeals to halt proceedings, originally scheduled to begin with oral arguments December 5. A status hearing on any progress made behind the scenes by the prosecution and the defense is now scheduled for that date.

The incident began last July, when Gray sued the TSA after he was denied permission to upgrade his commercial license for larger aircraft. According to the Cape Cod Times, the TSA claimed Gray was a "threat to aviation or national security," but refused to state why.

While the notation that prevented the higher pilot rating was from the "Selectee" list -- requiring those on the list to submit to increased screening before being allowed to board a flight, Gray was later moved to the "No-Fly" list, according to his lawyers.

The "No-Fly" listing prohibits Gray from boarding any US aircraft, as either pilot or passenger, in any circumstance. The TSA maintains the lists on recommendations from the Federal Bureau of Investigations.

Although it was initially reported last year that island-hopping regional Cape Air had fired Gray after he lost his flying privileges, according to company spokeswoman Michelle Haynes the airline has kept him on the job, but in a non-flying role.

Citing his lawyers' advice, Gray has declined to comment on the case. Court documents appear to validate his claim of never having supported any "terrorist of other illegal activity"; in fact, Gray has never been arrested, nor has he had any prior involvement with the criminal justice system.

While it is unclear why Gray is opting to settle his case out of court, it is not an uncommon strategy to attempt to reach a better deal through the informal process. The ACLU's Wunsch also did not rule out the possibility of resuming the formal challenge if negotiations failed to reach a favorable outcome.

A spokeswoman for US Attorney Michael Sullivan -- whose office is defending the US government in the Gray case -- said only that the dispute is "ongoing," according to the Times.

FMI: www.tsa.gov, www.capeair.com