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Old August 2nd 07, 09:36 PM posted to rec.aviation.piloting
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Default AOPA wins suit against New York background check law

AOPA wins suit against New York background check law
A federal judge has sent a strong message that states cannot preempt the
federal government by forcing flight school students to undergo criminal
background checks.

U.S. District Judge for the state of New York Gary L. Sharpe ruled on August
2 in favor of AOPA's motion for summary judgment. Last year AOPA and seven
New York flight schools filed suit against the ill-conceived state law.

"This law didn't do anything to enhance security for New Yorkers," said AOPA
President Phil Boyer. "It was unnecessary and discriminatory, and it
violated the U.S. Constitution."

The Transportation Security Administration (TSA), the federal agency charged
with aviation security, and the FAA already have aggressive and
comprehensive security programs that include identity verification for all
pilots as well as background checks for non-U.S. citizens. In addition,
flight schools and flight instructors are required to receive annual
training on reporting suspicious activities to the TSA or local law
enforcement.