American Airlines pilot refused to wear a mask and was racially profiled, lawsuit says
An American Airlines pilot hasn’t captained a flight since late 2021, when he refused to wear a face mask at an airport’s security checkpoint while COVID-19 mask rules were in place, according to a new lawsuit.
Before December 2021, Bahig Saliba said he had no problems passing through airport security checkpoints nationwide without a mask — when masking was required on public transportation under an executive order — once he informed officials he was medically exempt from wearing one.
However, after Saliba went through a Transportation Security Administration checkpoint with no mask at Spokane International Airport in Washington on Dec. 6, 2021, a TSA manager summoned three airport security officers, who are accused of racially profiling him as Middle Eastern, according to a complaint filed Aug. 1.
Before Saliba could explain his exemption, one security officer is accused of “loudly” announcing she’d notify American Airlines of his refusal to wear a mask, according to the complaint. He was set to captain a flight to Dallas-Fort Worth International Airport that morning.
While attempting to show another officer his supporting medical documents, he was met with “absolute rejection and disregard” and was told to “put the dang mask on,” the complaint says.
Saliba says he was then unlawfully detained for 15 minutes — before being allowed to pilot his flight — and racially profiled as Middle Eastern in a police report written by the security officers, according to the complaint, which says Saliba is white.
“It is true the plaintiff is of Middle Eastern heritage, however, never at any point did he declare his ethnic background or national origin to the defendants,” the complaint says.
After Saliba arrived in Dallas and flew without a mask, American Airlines barred him from flying planes and later placed him on unpaid leave in August 2022, the complaint says.
Now, Saliba is suing Spokane International Airport and the three officers for more than $23.5 million, accusing them of violating his constitutional rights and causing American Airlines to place him on unpaid leave. He’s representing himself in the case.
Saliba previously sued the defendants in April 2022 in federal court in Arizona, but the case was dismissed in March “for lack of personal jurisdiction,” according to the complaint, which says Saliba’s motion to transfer the complaint was denied — resulting in the filing of this new lawsuit.
Todd Woodard, the director of marketing and public affairs for Spokane International Airport, in a statement to McClatchy News on Aug. 7 acknowledged the complaint’s dismissal against the airport in Arizona.
He said they are not aware “of any other litigation filed by Mr. Saliba against the airport” and didn’t comment further.
McClatchy News contacted American Airlines for comment on Aug. 7 and didn’t receive an immediate response.
More on the lawsuit
Saliba was exempt from wearing a mask while flying because it’d restrict his breathing and “create a risk to workplace” safety, the complaint says.
During the interaction with airport security, instead of letting Saliba explain his mask exemption, one security officer is accused of standing “within 12 inches of (his) face in a threatening posture,” refusing to listen to him and threatening to issue him a $13,000 citation if he didn’t wear a mask, the complaint says.
He accuses this officer of violating his First Amendment rights, according to the complaint.
“The plaintiff was certain that something else is driving these officers to force him to wear a mask and restrict his breathing in violation of the medical standards, and his suspicions became evident after reading the police report by which they indicated racial profiling,” the complaint says.
According to the complaint, Saliba has been unable to work as a pilot for American Airlines ever since the incident and has “lost his benefits including medical coverage for his family.”
Saliba is seeking $586,964 in compensatory damages and $23,012,421 in punitive damages for pain, suffering, and violations of the First, Fourth and Fourteenth Amendments.
“The defendants racially profiled the plaintiff, conspired with American Airlines to continue to punish him and violated his constitutional rights . … (They) acted not as law enforcement officers but rather as law makers enforcing their own law.”
“(They) did not follow the law and acted as vigilantes,” the complaint says.
This story was originally published August 7, 2023 at 5:15 PM with the headline "American Airlines pilot refused to wear a mask and was racially profiled, lawsuit says."
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