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Several major global airports across the United States, including Phoenix's Sky Harbor, Harry Reid International, Seattle-Tacoma International, and Charlotte Douglas Airport in NC, have chosen to prevent a public service announcement from Secretary of Homeland Security Kristi Noem that faults Democratic lawmakers for the current federal government shutdown from being shown at their screening locations.

Legal Issues Raised by Aviation Authorities

Airport authorities in Phoenix, Arizona, Las Vegas, Seattle, Washington, Portland, Charlotte, and Westchester County have refused to display the footage at security checkpoints, stating that the overtly political messaging could breach federal and state regulations, such as the Hatch Act of 1939, which prohibits federal employees from engaging in partisan political activity.

“Congressional Democrats refuse to fund the U.S. government, and because of this, many of our activities are impacted, and most of our TSA staff are unpaid,” the Secretary said in the announcement.

The Port of Portland Reaction

The Port of Portland explained that it “would not agree to displaying the video in its current form, as we consider the Hatch Act clearly prohibits use of public assets for political purposes.” It added that Oregon law prohibits public employees from supporting or criticizing any party affiliation and that consenting to play this content would break Oregon law.

Harry Reid International Statement

The Harry Reid airport also refused to display the TSA video on comparable reasons, noting in a release that “its content contained political messaging that did not align with the impartial, informational nature of the public service announcements typically displayed at checkpoint screens” and also cited the Hatch Act.

Understanding the Hatch Act

The Hatch Act of 1939 is a federal law that prohibits partisan actions by federal employees to ensure that public services stay impartial.

Further Airport Responses

• Phoenix Sky Harbor international airport explained that it “declined to post the video” to remain “consistent with airport guidelines,” which prohibits political content.
• The Port of Seattle, which operates Seattle-Tacoma International Airport, also refused, pointing to “the partisan tone of the video.”
• Charlotte airport said that state local regulations and the airport's rules for screen content “do not permit the referenced video.” The authority also added that the Transportation Security Administration lacks ownership of any screens at its security areas and that its limited digital screens are designated for directions, travel information, and paid advertisements.

Westchester County Criticism

The county, in a public comment, described the PSA “inappropriate, improper, and inconsistent with the values we expect from our nation’s top public officials.”

“The PSA makes political the effects of a government closure on TSA operations,” the county executive said, noting that the message was “unnecessarily alarmist” and “erodes customer confidence.”

DHS Reply

A DHS assistant secretary, Tricia McLaughlin, echoed the Secretary's language to attribute fault to “political gamesmanship” in a response, adding that “Democrats will shortly recognize the importance of reopening the government.”

Bipartisan Calls for Solution

The Port of Seattle commented that it continued to “encourage cooperative actions to resolve the government shutdown” and was striving to identify ways to support government workers unpaid during the shutdown.