Recently, a client of The National Security Law Firm (NSLF) was successfully awarded a Security Identification Display Area (SIDA) badge after an initial denial due to a previous conviction for involuntary manslaughter in Pennsylvania. The client had been convicted following an intoxicated altercation with his brother, which tragically resulted in his brother’s death due to a rare injury. Our office effectively petitioned the Transportation Security Administration (TSA) to reconsider the denial, resulting in the badge being granted.
The TSA mandates that airport operators deny unescorted access rights to the SIDA or Sterile Area if, within the past 10 years, the applicant has been convicted or found not guilty by reason of insanity of a “disqualifying offense” under 49 C.F.R. § 1542.209(d). Our argument highlighted section (g) of 49 C.F.R. § 1542.209, which stipulates that disqualification only applies if the individual was convicted or found not guilty by reason of insanity of a disqualifying offense. Since our client’s conviction for involuntary manslaughter did not fall under the specified disqualifying offenses, we requested that the TSA overturn the initial denial.
Moreover, we emphasized that even under a broader interpretation of the statute, which might include lesser offenses within more serious crimes listed in subsection (d), our client’s conviction for involuntary manslaughter did not meet these criteria. The disqualifying offenses potentially related to involuntary manslaughter, such as murder, assault with intent to murder, or felony involving aggravated assault, did not align with the facts of our client’s case.
In Pennsylvania, involuntary manslaughter is classified as a misdemeanor, and thus, cannot be considered a felony involving aggravated assault. Additionally, the intent required for involuntary manslaughter in Pennsylvania does not include the malice necessary for convictions of murder or assault with intent to murder; instead, it is recognized as a tragic accident. Therefore, we asserted that our client’s conviction could not be equated with any of the more severe crimes listed in subsection (d).
During the appeal process, we also underscored our client’s exemplary character and conduct since the conviction, as well as his professional need for the SIDA badge. Since his conviction, the client had earned both a bachelor’s and a master’s degree while working, demonstrating his commitment and determination. He had become a respected, high-ranking employee and an active community member, consistently contributing through numerous service activities. Furthermore, his recent promotion required SIDA badge access to secure dock and floor areas, and without the badge, he faced potential job loss.
Given these compelling arguments, we requested the TSA to overturn the denial, emphasizing that the client had not been convicted of a disqualifying offense. The TSA responded favorably, awarding the client the SIDA badge.
Experienced SIDA Denial Lawyers
If you believe you have been incorrectly denied a SIDA badge, contact The National Security Law Firm today for a free consultation. Our experienced team is here to help you navigate the appeal process and secure your SIDA badge.