hatch act

Several airports in California have refused to play a video featuring U.S. Department of Homeland Security Secretary Kristi Noem blaming Democrats for delays due to the federal government shutdown.

The video, playing for travelers waiting in Transportation Security Administration security lines at airports across the country, comes as the government entered a third week of a shutdown after Congress failed to reach an agreement on funding legislation.

“It is TSA’s top priority to make sure you have the most pleasant and efficient airport experience as possible while we keep you safe,” Noem says in the video. “However, Democrats in Congress refuse to fund the federal government and because of this many of our operations are impacted, and most of our TSA employees are working without pay.”

Officials at multiple airports in California say they are not playing the video at their locations. They include: John Wayne Airport in Orange County, Hollywood Burbank Airport, San Diego International Airport, San José Mineta International Airport, Sacramento International Airport, Oakland San Francisco Bay Airport and San Francisco International Airport.

Officials from Los Angeles International Airport did respond to questions on whether the video was being played there.

Some airport officials have refused to play the video, calling it inappropriate. On Tuesday, the ranking member of the U.S. Senate’s Committee on Commerce, Science and Transportation called for Noem to be investigated for possibly breaking the Hatch Act by asking airports to play the video.

“Recent reports indicate DHS is using taxpayer dollars and federal assets to produce and air a video message featuring Secretary Noem, in her official capacity, making political attacks against Democratic Members of Congress,” Sen. Maria Cantwell (D-Washington) wrote in a letter addressed to the Office of Special Counsel and reviewed by The Times. “This message is not just false; it appears to violate the prohibitions contained in the Hatch Act.”

The act, according to the U.S. Office of Special Counsel, is to “ensure that federal programs are administered in a nonpartisan fashion,” as well as protect federal employees from political coercion at work.

Noem’s video was received by airports on Thursday and was followed up by a verbal request from DHS officials to play it at security checkpoints, multiple airport officials told The Times.

The reasons the video is not being shown for California fliers varies.

In Orange County, airport spokesperson AnnaSophia Servin said that Homeland Security requested, to the airport’s director, that the video be played, but a final decision has not yet been made. In Burbank, political messaging is prohibited, officials said. In San José, an airport spokesperson said there have been no shutdown impacts and therefore no reason to play the video.

At San Francisco International Airport, officials determined that the video wasn’t helpful.

“SFO limits messaging at our security checkpoints to information intended to help passengers be prepared to go through the security screening process,” a spokesperson said in an email. “Any content, whether in video or print form, which does not meet this standard, will not be shown.”

When The Times asked Homeland Security officials to respond to airports not playing Noem’s video, spokesperson Tricia McLaughlin responded with Noem’s video statement blaming Democrats.

But California airports aren’t the only locations choosing not to play Noem’s message.

Airports in Oregon, Las Vegas, Charlotte, Atlanta, Phoenix, Seattle have also opted not to play it.

“We did not consent to playing the video in its current form, as we believe the Hatch Act clearly prohibits use of public assets for political purposes and messaging,” said Molly Prescott, a spokesperson for the Port of Portland, which manages Portland International Airport, said in a statement.

Oregon law also prohibits public employees from politicking on the job.

“We believe consenting to playing this video on Port assets would violate Oregon law,” she said.

Officials in New York also pushed back against airing the video.

“It is inappropriate, unacceptable, and inconsistent with the values we expect from our nation’s top public officials,” New York’s Westchester County Executive Ken Jenkins said in a statement. “The [Public Service Announcement] politicizes the impacts of a federal government shutdown on TSA Operations, and the County finds the tone to be unnecessarily alarmist.”

According to the Homeland Security website, more than 61,000 TSA employees continue to work despite a lapse in appropriations, and a lack of a paycheck to employees.

Fort Lauderdale, Fla. — Some airports around the country are refusing to play a video with a message from Homeland Security Secretary Kristi Noem in which she blames Democrats for the federal government shutdown and its impacts on TSA operations because of its political content.

Airports in Las Vegas, Charlotte, Atlanta, Phoenix, Seattle and more say the video goes against their airport policy or regulations that prohibit political messaging in their facilities.

Various government agencies, in emails to workers and on websites, have adopted language that blames Democrats for the shutdown, with some experts arguing it could be in violation of the 1939 Hatch Act, which restricts certain political activities by federal employees.

The shutdown has halted routine operations and left airports scrambling with flight disruptions. Democrats say any deal to reopen the government has to address their healthcare demands, and Republicans say they won’t negotiate until they agree to fund the government. Insurance premiums would double if Congress fails to renew the subsidy payments that expire Dec. 31.

In the video, Noem says that TSA’s “top priority” is to help make travel pleasant and efficient while keeping passengers safe.

“However, Democrats in Congress refuse to fund the federal government, and because of this, many of our operations are impacted, and most of our TSA employees are working without pay,” she continues.

The Transportation Security Administration falls under the Department of Homeland Security. Roughly 61,000 of the agency’s 64,130 employees are required to continue working during the shutdown. The Department said Friday that the video is being rolled out to airports across the country.

A DHS spokeswoman responded to a request for comment restating some of the message from Noem’s video.

“It’s unfortunate our workforce has been put in this position due to political gamesmanship. Our hope is that Democrats will soon recognize the importance of opening the government,” spokeswoman Tricia McLaughlin said.

The Harry Reid International Airport, in Las Vegas, said it had to “remain mindful of the Hatch Act’s restrictions.”

“Per airport regulations, the terminals and surrounding areas are not designated public forums, and the airport’s intent is to avoid the use of the facility for political or religious advocacy,” the statement said.

Westchester County Executive Ken Jenkins said the county north of New York City won’t play the video at its local airport. In a statement, he called the video “inappropriate, unacceptable, and inconsistent with the values we expect from our nation’s top public officials,” and said its tone is “unnecessarily alarmist” as it relates to operations at Westchester County Airport.

“At a time when we should be focused on ensuring stability, collaboration and preparedness, this type of messaging only distracts from the real issues, and undermines public trust,” he said.

Even in red states, airports weren’t showing the video for various reasons. Salt Lake City International Airport wasn’t playing the video because state law prohibits using city-owned property for political purposes, said airport spokesperson Nancy Volmer.

The airport in Billings, Mont., “politely declined” even though it has screens that could show the video with audio, assistant aviation director Paul Khera said Tuesday.

“We don’t want to get in the middle of partisan politics,” Khera said. “We like to stay middle of the road, we didn’t want to play that video.”

Gomez Licon writes for the Associated Press. AP writers Rio Yamat in Las Vegas and Mead Gruver in Fort Collins, Colo. contributed to this report.