Huntleigh USA Says It Wants To Be Paid For Losing Airport
Screener Contracts
Huntleigh USA Corporation, whose private airport security
business was destroyed when the TSA took over passenger and baggage
screening duties at US airports, Friday asked a federal court to
order the government to compensate it for the lost business.

Huntleigh President Joseph Tuero explained that the Company
filed this lawsuit because "the United States Constitution requires
the government to pay you for the value of property it takes for
public use. In addition, in the Aviation Transportation and
Security Act, Congress required that adequate compensation be paid
to airport security firms whose contracts were being taken over by
the federal government. We are asking the court to enforce the
law." Huntleigh's claim, which was filed in the United States Court
of Federal Claims in Washington, D.C., states that Huntleigh alone
should not be made to bear the financial burden of the government's
decision to federalize a function that had been performed by
private companies for decades.
"Just Compensation" Required by Constitution
In its filing,
Huntleigh says the government effectively confiscated Huntleigh's
security business - a "taking" in legal parlance. While the
government may take private property for public use, the "Takings
Clause" of the Fifth Amendment requires payment of "just
compensation" to the owner of that property.
"The taking of Huntleigh's security business without any payment
is not only unconstitutional, it's unfair," Tuero said.
"Huntleigh built a valuable business over the years and provided a
much-needed public service. Then the federal government, through
the TSA, took over security screening at airports and essentially
put Huntleigh out of business. One day we had a growing, thriving
security company - the next day we were being forced to shut down
that business. That's not how our country is supposed to work, and
that can't be what our Founders or what Congress intended."
The company's filing notes that in a taking case, "the owner
must be put in the same position monetarily as it would have
occupied if its property had not been taken." Thus far, the
government has refused to provide Huntleigh any compensation for
the going concern value and good will value of its lost
business.
Congress Specifically Backed Compensation, but the TSA
Declined
The filing also notes that Congress contemplated in the language
of the Aviation and Transportation Security Act (passed in November
2001) that adequate compensation would be paid to security firms
whose contracts were being taken over by the federal
government.
Before the federal
government took Huntleigh's business, Huntleigh provided airport
security services to eight major airlines and dozens of smaller
carriers at nearly three dozen airports across the United States.
Huntleigh screened a significant number of all passengers traveling
through this country's airports. Given Huntleigh's dedication to
passenger safety, excellent reputation in the industry and
long-standing relationships with the air carriers, the Company had
every reason to anticipate continued business success. As a result,
in recent years Huntleigh had invested heavily in technology
enhancements and employee training.
"Although the government claims that it took over airport
screening for the public good, in all fairness, Huntleigh should
not be asked to bear the financial burden alone," Tuero said.
"The government took Huntleigh's business, and the Constitution
says the government has to pay for it."