House Presses For Liability Shield For Passengers In "Flying Imams" Case

As previously reported, a suit by six imams who were removed from a U.S. Airlines flight in Minneapolis last November after passengers became concerned about their behavior has stirred a great deal of controversy. Now Congress is weighing in. On Tuesday, the U.S. House of Representatives voted 304-121 to send the Rail and Public Transportation Security Act of 2007 back to committee so that language shielding passengers can be inserted into the bill. CNS News reports that Republican proponents of the amendment want to prevent passengers from hesitating to report suspicious behavior, while Democratic opponents were concerned that the amendment would encourage racial profiling. Here is a summary of the Republican motion to recommit from a news release on Congressman Bill Shuster's website:

The Republican motion to recommit H.R. 1401, the Rail and Public Transportation Security Act of 2007, provides that any person who makes a voluntary disclosure regarding suspicious activity that constitutes a possible threat to transportation security to appropriate security and law enforcement authorities shall be immune from civil liability for such disclosure.

The amendment protects any such disclosure relating to threats to transportation systems, passenger safety or security, or possible acts of terrorism.

The amendment also shields transportation systems and employees that take reasonable actions to mitigate perceived threats.

The amendment is retroactive to activities that took place on or after November 20, 2006 - the date of the Minneapolis incident involving six Islamic leaders who were removed from a U.S. Airways flight after they were observed acting suspiciously.

Finally, the motion authorizes courts to award attorneys fees to defendants with immunity.

Additional coverage is at Michelle Malkin's blog and at OmniNerd.