BEFORE THE

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

May 3, 2015

___________________________________

TASHA GRANT )

 ) 

Complainant, )

 ) 

 ) 

v. )Docket DOT-OST-2015-0094 

 ) 

 ) First Amended Third Party 

SAUDI ARABIAN AIRLINES ) Complaint 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 Complainant
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SUMMARY OF CASE

1. Same gender sexual relationships constitute serious criminal 

offenses under Saudi Arabian law. According to the U.S. Department of 

State, the mere expression of support for same gender sexual 

relationships is punishable by death in Saudi Arabia. 

2. 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 she should conceal the 

fact that she is gay. 

3. 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 flights. The Secretary must also 
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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. 

4. If the Secretary is unable to obtain such assurances, 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. 

5. In the interim and while these proceedings are pending, the 

Secretary should immediately order the Saudi Arabian Airlines to inform

the public of any restrictions which are imposed upon LGBT persons. 49 

U.S.C. § 41712(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 FACTS

6. 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, 
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Saudi Arabian Airlines maintains offices at the following locations: New 

York’s JFK Airport; 11301 W. Irving Park Road, Franklin Park, Il., 5718 

Westheimer Road, Suite 1090, Houston, Texas, and 9841 Airport 

Boulevard, Suite 1002, Los Angeles, CA.

7. Saudi Arabian Airlines is owned by and is an instrumentality of the 

government of Saudi Arabia, and must adhere to all laws and regulations 

issued by the government of Saudi Arabia. The policy of the Saudi 

government with respect to LGBT persons is also the policy of the Saudi 

Arabian Airlines.

8. 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. 

9. Transit passengers 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, unless their scheduled 

layovers in Saudi Arabia are 12 hours or longer. 
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10. The US State Department website states as follows: “Air travelers 

may find lower-cost tickets between countries that include long layovers 

in Saudi airports. Be advised that Saudi Arabia does not grant transit 

visas to air travelers, so any layover will be spent entirely in the airport.” 

http://travel.state.gov/content/passports/english/country/saudiarabia.html 

11. 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 Saudi 

Arabia, as well as to passengers whose final destination is outside of 

Saudi Arabia and who are merely transiting through Saudi Arabia.

12. The United States government, through the Export-Import Bank of 

the United States, has financed some of the aircraft used by Saudi 

Arabian Airlines. 

13. 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 conventions and potential persecution, lesbian, gay, 

bisexual, and transgender organizations did not operate openly, 
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nor were there gay rights advocacy events of any kind. There were 

reports of official societal discrimination, physical violence, and 

harassment 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. 

14. This report is available on the State Department website at 

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrappe

r.

15. Complainant is a citizen of the United States who resides in the 

City of New York. 

16. On April 10, 2015, she spoke to a Saudi Arabian Airlines 

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. 

17. Complainant advised the representative that she is openly gay, and 

that she desires to travel with her partner. Complainant’s partner is a 

woman who wears men’s clothing. See Supplemental Declaration of

Tasha Grant.

18. The airline representative informed complainant that she could 
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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 Declaration of Tasha Grant, April 14, 

2015. 

19. On April 14, 2015, complainant’s counsel wrote a letter to the 

Saudi Ambassador to the United States seeking clarification as to 

whether openly gay couples would be permitted to travel on the Saudi 

airlines or transit through Saudi airports. Complainant’s counsel 

informed the Saudi Ambassador that the representative of the airline 

stated that complainant should refrain from holding hands with her 

partner, and conceal the fact that she is gay. Legal counsel for the Saudi 

government responded by letter dated April 29, 2015. Counsel for the 

Saudi government refused to provide guidance as to whether two gay 

people would be permitted to hold hands with each other, either on board 

the plane or in the transit area of the airport, stating as follows: “it is not 

the function of the Kingdom's Ambassador in the United States to give 

individual legal advice to American travelers or to speculate about how 

the lawful authorities in the Kingdom might interpret and apply its laws 

in particular situations.” However, the Saudi Government’s legal 

counsel further noted as follows: “Your letter correctly observes that 
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other countries have their own laws and cultures, and that some forms of 

personal expression that may be accepted in the United States may be 

considered unacceptable or unlawful elsewhere.”

20. The U.S. Department of State website states as follows: “Persons 

violating Saudi Arabian laws, even unknowingly, may be expelled, 

arrested, imprisoned, subject to physical punishments, or even executed.” 

The State Department website also states: “Violations of Saudi laws 

governing perceived expressions of, or support for, homosexuality, 

including on social media, may be subject to severe 

punishment. Potential penalties include fines, jail time, or death.”

(emphasis added) 

http://travel.state.gov/content/passports/english/country/saudiarabia.html

21. Openly gay couples are prohibited from holding hands with each 

other, or engaging in other public displays of affection, in the transit 

areas of the Riyadh or Jeddah airports, as well as on board Saudi Arabian 

Airline flights.

22. Complainant’s partner would not be permitted to travel on Saudi 

Arabian Airlines, nor be present in the transit areas of Saudi Arabian 

airports, because she is a woman who dresses like a man. Complainant is 
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therefore prohibited from being accompanied by her partner on Saudi 

Arabian Airlines. 

LEGAL FRAMEWORK

23. 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).

24. 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.” 

25. An air carrier is prohibited by 49 U.S.C. § 41310(a) from 

subjecting a person “to unreasonable discrimination” in foreign air 

transportation. The provisions 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 passengers in the 

aftermath of 9/11. See Order Denying Motion of American Airlines to 

Dismiss, Docket OST-2003-15046, at pp. 2-3. 

26. Pursuant to 49 U.S.C. § 41712(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." 
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27. The First Amendment to the U.S. Constitution, as well as the Due 

Process provisions of the Fifth Amendment, provides guarantees against 

discrimination by the U.S. government on the basis of sexual orientation. 

LEGAL VIOLATIONS ASSERTED AND RELIEF REQUESTED

COUNT 1 – 49 U.S.C. § 40101(a)(1) 

28. The allegations set forth in paragraphs 1-27 above are incorporated 

by reference as though fully set forth herein.

29. The Secretary’s paramount statutory responsibility is to ensure the 

safety and security of air passengers. 49 U.S.C. § 40101(a)(1). 

30. Overtly LGBT individuals flying from New York, Los Angeles, or 

Washington Dulles may be subject to criminal sanctions while waiting in 

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. 

31. 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. 
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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. 

32. 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). 

COUNT II – VIOLATION OF 49 U.S.C. § 41712(a)

33. The allegations set forth in paragraphs 1-32 above are incorporated 

by reference as though fully set forth herein.

34. 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 imposed 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 
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airlines also has an obligation under 49 U.S.C. § 41712(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. 

35. 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 passengers 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. 

36. The above described actions constitute an "unfair practice or an 

unfair method of competition in air transportation" in violation of 49 

U.S.C. § 41712(a).

COUNT III – VIOLATION OF 49 U.S.C. § 40127(a)

37. The allegations set forth in paragraphs 1-36 above are incorporated 

by reference as though fully set forth herein.

38. 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 
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airplane, and may further be charged with criminal conduct while 

transiting through either Riyadh or Jeddah. Saudi Arabian Airlines 

refuses to provide transportation to a woman who dresses like a man, or a 

man who dresses like a woman. 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)

39. The allegations set forth in paragraphs 1-38 above are incorporated 

by reference as though fully set forth herein.

40. 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 

RIGHTS

41. The allegations set forth in paragraphs 1-40 above are incorporated 

by reference as though fully set forth herein.

42. 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. 
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43. Any order issued by the Secretary of Transportation that 

effectively authorizes discrimination on the basis of sex or 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 protection 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 discriminatory

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 airports in the United States. 49 U.S.C. § 41304(a).