BEFORE THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY April 28 , 2015

_______ ____________________________ TASHA GRANT ) ) Complainant, ) ) ) v. ) Docket DOT

- OST

- 2015

- ) ) Third Party Complaint SAUDI ARABIAN AIRLINES ) Pursuant to ) 14 C.F.R. 302.404 Respondent, ) (Request for

_________________ ________________ ) Enforcement Action)
Communications with respect to this complaint should be sent to:
JEFFREY A. LOVITKY Attorney at Law 1776 K St., NW, Ste. 800 Washington, D.C. 20006 Tel: (202) 429

- 3393 Facsimile: (202) 318

- 4013 Email: Lovitky@aol.com Attorney for ComplainantThird party complaint

2 SUMMARY OF CASE
1. Same gender sexual relationships constitute serious criminal offenses under Saudi Arabian law. The complainant is a woman who is
gay . She is interested in booking a flight from New York to Manila on Saudi Arabian Airlines

. The Saudi Arabian Airlines frequently offers the least expensive service between New York and Manila

. This flight has a
10

- hour layover in Riyadh, Saudi Arabia. The airline representative informed complainant that she should refrain from holding hands with her partner either on the plane or in the Riyadh airport transit area , and that sh e should conceal the fact that she is gay.
2. The paramount obligation of the Secretary of Transportation is to ensure the safety and security of passengers in air commerce. 49 U.S.C. § 40101(a)(1). The Secretary must obtain assurances that overtly Lesbian, Gay, Bisexual, and Transgender (LGBT) persons will not be subject to any form of punishment or detention , or otherwise be subject to any form of coercion or intimidation, while waiting in the transit areas of Saudi Arabian airports for their connecting fl ights. The Secretary must also obtain assurances that LGBT individuals will not be subject to harassment or intimidation of any type while on board any Saudi Arabian Airlines flight from the United States.Third party complaint

3 3. If the Secretary is unable to obtain such assura nces, then the Secretary must pursuant to the authority conferred upon him by 49 U.S.C. § 41304(a) , revoke the permit granted to Saudi Arabian Airlines
to provide passenger service from airports in the United States

. The Secretary would effectively be endangering the safety and security of LGBT persons by failing to take such action.
4. In the interim and while these proceedings are pending, the Secretary should immediately order the Saudi Arabian Airlines to inform the public of a ny restrictions which are imposed upon LGBT persons
. 49
U.S.C. § 41 712(a). Failure to provide such warning could endanger the personal security of overtly LGBT passengers if they were to be subjected to criminal sanctions under Saudi law.
STATEMENT OF FA CTS
5. Saudi Arabian Airlines is registered as a foreign corporation in the State of Virginia, whose principal executive office is located at 8081 Wolftrap Road, Suite 200, Vienna, VA. The airline is also registered as a foreign corporation in the State of New York. According to its website, Saudi Arabian Airlines maintains offices at the following locations: New York’s JFK Airport; 11301 W. Irving Park Road, Franklin Park, Il., 5718Third party complaint

4 Westheimer Road, Suite 1090, Houston, Texas, and 9841 Airport Boulevard, Su ite 1002, Los Angeles, CA.
6. Saudi Arabian Airlines is owned by the government of Saudi Arabia, and must adhere to all laws and regulations issued by the government of Saudi Arabia.
7. Three U.S. airports are currently serviced by Saudi Arabian Airlines for passenger flights , i.e., New York Kennedy, Washington Dulles, and Los Angeles International. Saudi Arabian Airlines carries passengers to cities around the world from these three airports, transiting through either Riyadh or Jeddah.
8. Transit passeng ers on Saudi Arabian Airlines are not permitted to leave the transit area of the airport in Riyadh or Jeddah, unless they have a visa to enter into Saudi Arabia. U.S. citizens who are transiting through Saudi Arabia are not required to obtain a visa , unle ss their scheduled layovers in Saudi Arabia are 12 hours or longer

. 9. The Saudi Arabian Airlines markets directly to U.S. citizens by selling tickets on their U.S. website, as well as by selling tickets through other third party ticket agents, e.g., Expedia, Priceline, etc. These tickets are marketed both to U.S. passengers whose final destination is SaudiThird party complaint

5 Arabia, as well as to passengers whose final destination is outside of Saudi Arabia and who are merely transiting through Saudi Arabia.
10. The United States government, through the Export

- Import Bank of the United States, has financed some of the aircraft used by Saudi Arabian Airlines.
11. The 2013 U.S. Department of State Report on Human Rights Practices in Saudi Arabia states as follows: Under sharia, as interpreted in the country, consensual same

- sex sexual conduct is punishable by death or flogging, depending on the perceived seriousness of the case. It is illegal for men “to behave like women” or to wear women’s clothes, and vice versa. Due to social co nventions and potential persecution, lesbian, gay, bisexual, and transgender organizations did not operate openly, nor were there gay rights advocacy events of any kind. There were reports of official societal discrimination, physical violence, and harassm ent based on sexual orientation or gender identity in employment, housing, statelessness, access to education, or health care. Stigma or intimidation was likely to limit reports of incidents of abuse. Sexual orientation and gender identity could constitute the basis for harassment, blackmail, or other actions

. 12. This report is available on the State Department website at http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrappe

r. 13. C omplainant is a citizen of the United States who resides in the City of New York.
14. On April 10, 2015, she spoke to a Saudi Arabian AirlinesThird party complaint

6 representative by calling 1

- 800

- 472

- 8342. She advised the airline representative that she was interested in booking a flight on Saudi Arabian Airlines from New York’s JFK airport to Manila, Philippines. This flight has an approximately 10

- hour layover in Riyadh, Saudi Arabia.
15. Complainant advised the representative that she is openly gay, and that she desires to travel with her partner

. 16. The airline representative informed compla inant that she could experience difficulties if she were to hold hands with her partner either on the plane or at the airport. The airline representative advised her to conceal the fact that she is gay. See attached Declaration of Tasha Grant.
LEGAL FRAME WORK
17. The Secretary’s paramount and overriding responsibility is to ensure the safety and security of passengers in air commerce. 49 U.S.C. § 40101(a)(1).
18. Pursuant to 49 U.S.C. § 40127(a), a foreign air carrier “ may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry .”
19. An air carrier is prohibited by 49 U.S.C. § 41310(a) from subjecting a person “ to unreasonable discrimination ” in foreign airThird party complaint

7 transportation. The p rovisions of 49 U.S. C. § 41310(a) prohibit airlines from engaging in non

- economic forms of discrimination against individuals. This provision was relied upon by the Secretary in ordering the cessation of discriminatory conduct against Arab pass engers in the aftermath of 9/11

. See Order Denying Motion of American Airlines to Dismiss, Docket OST

- 2003

- 15046, at pp
. 2

- 3.
20. Pursuant to 49 U.S.C. § 41 712(a), the Secretary may bring action against a foreign air carrier for engaging in an " unfair or deceptive practice or an unfair method of competition in air transportation

. "
21. The First Amendment to the U.S. Constitution, as w ell as the Due Process provisions of the Fifth Amendment, provides guarantees against discrimination by the U.S. government on the basis of sexual orientation.
L EGAL VIOLATIONS ASSERTED AND RELIEF REQUESTED
COUNT 1

– 49 U.S.C. § 40101(a)(1)
22. The allegations set forth in paragraphs 1

- 21 above are incorporated by reference as though fully set forth herein.
23. The Secretary’s paramount statutory responsibility is to ensure the safety and security of air passengers. 49 U.S.C. § 40101(a)(1).
24. Overtly LGBT individuals flying from New York , Los Angeles, or Washington Dulles may be subject to criminal sanctions wh ile waiting inThird party complaint

8 the airport transit areas of the Riyadh or Jeddah airports for their connecting flights . Overtly LGBT persons may be subject to harassment or intimidation while on Saudi Arabian Airlines aircraft when flying from New York, Washington Dulles, or Los Angeles

. 25. Saudi Arabian Airlines , and/or the Saudi Arabian authorities , must be required to provide assurances that transit passengers from the United States will not be subjected to any form of detention, harassment, coercion, or intimidation due to their sexual orientation while waiting for their connecting flights in the Riyadh or Jeddah airport transit areas. Saudi Arabian Airlines, and/or the Saudi Arabian authorities , must also provide assurances that LGBT passengers will not be subject to any form of intimidation or harassment while on board any Saudi Arabian Airlines flight from the United States

. 26. In the event the Saudi Arabian Airlines and/or the Saudi Arabian authorities are unable to provide such assurances , the Secretary must nonetheless fulfill his paramount statutory responsibility to ensure the safety and security of all air passengers . 49 U.S.C. § 40101(a)(1). In such event, the Secretary must revoke the permit granted to the Saudi Arabian Airlines to carry passengers from airports in the United States

. 49 U.S.C. § 41304(a).Third party complaint

9 COUNT II

– VIOLATION OF 49 U.S.C. § 41 712(a)
27. The allegations set forth in paragraphs 1

- 26 above are incorporated by reference as though fully set forth herein.
28. Saudi Arabian Airlines engages in unfair practices and unfair methods of competition by offering tickets for sale in the United States without informing the American public of the prohibitions im posed upon LGBT passengers. Saudi Arabian Airlines has a duty to prominently display on its U.S. website and in its marketing materials for the U.S. market that certain restrictions apply to LGBT persons. Saudi Arabian airlines also has an obligation unde r 49 U.S.C. § 41 712(a) to inform third party ticket agents such as Expedia and Priceline of these restrictions, who in turn are obligated to furnish such information to persons buying tickets through them.
29. The failure of Saudi Arabian Airlines to provide such information could endanger the personal security of LGBT passengers if they were to fly without notice of the restrictions imposed upon them. The failure of Saudi Arabian Airlines to provide such information also deprives all other prospective passeng ers of the right to decide whether they wish to fly on Saudi Arabian Airlines or to transit through Saudi Arabia in light of the restrictions imposed upon LGBT persons

.Third party complaint

10 30. The above described actions constitute an " unfair practice or an unfair method of compe tition in air transportation " in violation of 49
U.S.C. § 41 712(a).
COUNT III

– VIOLATION OF 49 U.S.C. § 40127(a)
31. The allegations set forth in paragraphs 1

- 30 above are incorporated by reference as though fully set forth herein.
32. Saudi Arabian Airlines cannot accept overtly LGBT persons as
passengers due to restrictions imposed by Saudi law

. LGBT individuals
may also be subject to harassment, coercion, or intimidation while on the airplane, and may further be charged with criminal conduct while transitin g through either Riyadh or Jeddah. The above

- described practices constitute a violation of 49 U.S.C. § 40127(a), which prohibits discrimination on the basis of sex.
COUNT IV

– VIOLATION OF 49 U.S.C. § 41310(a)
33. The allegations set forth in paragraphs 1

- 32 above are incorporated by reference as though fully set forth herein.
34. The above

- described practices constitute a violation of 49 U.S.C. § 41310(a), which prohibits unreasonable discrimination in foreign air transportation.
COUNT V

– VIOLATION OF FIRST AND FIFTH AMENDMENT RIGHTSThird party complaint

11 35. The allegations set forth in paragraphs 1

- 34 above are incorporated by reference as though fully set forth herein.
36. LGBT persons have the same right as other U

. S

. citizens to use the services of Saudi Arabian Airlines and to transit through Saudi Arabian airports

. These services were financed in part by the U.S. government through Export

- Import Bank financing of Saudi Arabian Airlines.
37. Any order issued by the Secretary of Transportation that effectively authorizes discrimination on t he basis of sexual orientation would constitute a violation of the First Amendment to the U.S. Constitution, as well as the Due Process provisions of the Fifth Amendment , including the prohibition incorporated therein against denying any person equal prote ction of the laws. WHEREFORE, Complainant requests that the Secretary immediately order the Saudi Arabian Airlines to provide fair warning to the general public of any restrictions imposed upon LGBT passengers. This order should be implemented immediately, without waiting for the conclusion of these proceedings. Complainant further requests that the Secretary find that Saudi Arabian Airlines is in violation of the above

- mentioned laws and regulations , and further order the termination of the discriminatoryThird party complaint

12 conduct alleged herein

. If compliance with such order is not forthcoming, then the Secretary must in the interest of passenger safety revoke the permit granted to Saudi Arabian Airlines to fly passengers from a irports in the United States. 49 U.S.C. § 41304(a). Respectfully submitted

_______________________ JEFFREY A. LOVITKY Attorney at Law 1776 K St., NW, Ste. 800 Washington, D.C. 20006 Tel: (202) 429

- 3393 Facsimile: (202) 318

- 4013 Email: Lovitky@aol.com Attorney for ComplainantThird party complaint

13 VERIFICATION Pursuant to Title 18 United States Code Section 1001, I, Jeffrey A. Lovitky, in my individual capacity and as the authorized representative of the pleader, have not in any manner knowingly and willfully falsified, concealed or failed to disclose any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing or prosecution of the ple ading. I understand that an individual who is found to have violated the provisions of 18 U.S.C. Section 1001 shall be fined or imprisoned not more than five years, or both.

________________ ___ Jeffrey A. Lovitky, Esq.Third party complaint

14 CERTIFICATE OF SERVICE

I hereby certify that I have on this 28 th day of April 2015 caused this third

- party complaint and declaration to be sent via email and first class mail postage prepaid to each of the individuals listed below: Judith Kaleta , Esq. Deputy General Counsel U.S. Department of Transportation 1200 New Jersey Avenue, S.E. Washington D.C. 20590 judy.kaleta @dot.gov Bla ne A. Workie , Esq. Acting Assistant General Counsel U.S. Dept. of Transportation Office of Aviation Enforcement and Proceedings West Building, 1200 New Jersey Ave. SE, Room W96

- 322 Washington D.C. 20590

- 9898 blane.w orkie@dot.gov George T. Boggs Dickstein Shapiro LLP 1825 Eye Street N

. W

. Washington, D

. C

. 20006

- 5403 Attorney of Record for Saudi Arabian Airlines boggsg@dicksteinshapiro.com

_____________________ Jeffrey Lovitky