Ultra-low cost carrier Avelo Airlines has contracted to run 3 Boeing 737s from Mesa, Arizona for deportation flights.
Aviation blogger and New Hampshire state legislator Seth Miller (‘sbm12’ in frequent flyer forums) is suing in U.S. District Court in Nevada (where Avelo is based) to affirm his right to publicly criticize Avelo Airlines over this service. He raised $6,000 from 70 people to fund billboards criticizing Avelo, but the airline got them taken down.
- Avelo claims his billboards criticizing the flights violate their trademark
- And a legal nastygram got the billboard company owner to remove the ad
The ads were displayed starting on Monday, May 5. Four days later, Mr. Miller said, he received the letter from the Avelo lawyer accusing him of trademark infringement and unfair competition. The airline said it had heard of “instances of actual confusion” among customers who mistakenly believed that Mr. Miller’s billboard was affiliated with the airline.
The lawyer said Avelo could recoup damages of $150,000 per infringement and asked that the billboards and an associated website be removed by 5 p.m. on Friday to “avoid any escalation of this matter.”
On the plus side, I now have a much better image of the billboard.
Of course, now they can also file a copyright claim/DMCA on this post since they took the photo.
— Seth Miller (@wandrme.paxex.aero) May 9, 2025 at 3:02 PM
The case is garnering national attention. There’s no plausible confusion and Avelo’s claim that consumers are, in fact, confused strains credulity. Miller’s right to criticize Avelo – and to identify them specifically when doing so – is fairly well-established. But the billboard company isn’t going to earn a profit on the sign if they have to spend money on lawyers. I don’t believe that New Hampshire has an anti-SLAPP statute. Perhaps State Representative Miller can address this deficiency.
That said, his tagline for the effort is “Does your vacation support their deportation?” But the truth is, if anything it’s the reverse.
- Avelo is doing this precisely because they have planes they cannot profitably fill with vacationers.
- The carrier is struggling. In fact, they will operate only one flight on Tuesdays starting June 10 (Burbank – Eugene, Oregon).
- So these deportation flights help keep the carrier going.
Credit: Colin Cooke Photo via Wikimedia Commons
I don’t see anything fundamentally wrong with taking up a government contract. I do see something very wrong about eliminating due process requirements affirmed by the courts, and taking the position that the courts have no say in such matters. Those of you who say ‘they’re illegal, they don’t have due process rights’ miss the point entirely: you don’t know whether someone is here in violation of the law or not without the ability to contest the claim. A U.S. citizen might be deported just because the government falsely or incorrectly said they were here illegally.
Miller criticizes the lack of due process, and also the conditions in which the transportation happens. How would a plane properly evacuate in an emergency with everyone shackled?
At MSP this morning: ICE drags a pile of shackles towards DHS vans as people board a GlobalX A321; fueled and loaded by Signature Aviation; departing for Omaha with the Minneapolis skyline in the background.
I counted ~30 people, all chained at their wrists, ankles, and waist, boarding today.
— Nick Benson (@ottergoose.net) April 23, 2025 at 3:29 PM
Does a business have an obligation to object to this? They might believe it’s fine, or may be indifferent and desperate for the business. But customers certainly have the right to consider whom to do business with, though encouraging boycotts rarely turns out to be effective (except when it does!).
Credit: Avelo Airlines
I’ve known Seth for probably 20 years. He and I disagree on many things. But he’s a passionate guy with an opinion that he unquestionably has a right to express, including by engaging in commerce to facilitate his speech. (An aside for Seth: your case is the perfect demonstration that money is, in fact, a key element enabling speech.)
(HT: Live and Let’s Fly)
Is this what you voted for?
Why yes, yes it is.
I voted to deport lawbreakers who entered my country illegally, are straining our social services, and overcrowding our schools. I applaud Avelo. This is a simple business decision. They need to operate flights to remain profitable, and ICE has a steady stream of “passengers” for Avelo to fly.
What’s hilarious about the liberal left is that Obama and Clinton deported more illegals than Trump, and yet no one one the left said a damned thing. The TDS is on full display.
Y’all should really just disable comments.
It’s always disgusting here when I look at the comments.
There’s a really loud group of people that only listen to Fox. They seem to think they know it all, but they really just don’t have anyone else to talk too. So they just get louder.
This is blatant trademark infringement because he even copied their logo. He won’t win. This has the official look and feel of their brand.
He’s free to make a billboard criticizing the company by name but without their branding and logo.
The was no Due Process when Joe Biden’s invasion force entered the USA. There shouldn’t be Due Process for them to be removed.
I welcome LEGAL immigrants that respected our laws. As for illegal, I want every last one deported. Thank you to Avelo Airlines for running deportation flights that serve to make our country safer.
Laughable statement:
“Those of you who say ‘they’re illegal, they don’t have due process rights’ miss the point entirely: you don’t know whether someone is here in violation of the law or not without the ability to contest the claim.”
You do know whether someone is here in violation of the law. If they cannot show proof of citizenship or documents proving they are here legally they are then… here illegally and as such are not afforded due process rights like a countries citizens.
You little petty ass bitch. These people didn’t observe due process on their way INTO our country. Screw off.
@flyguymike – “You do know whether someone is here in violation of the law. If they cannot show proof of citizenship or documents proving they are here legally”
Do you carry documents with you proving your citizenship?
@OnePatriot77 Joe Biden’s invasion force??? LMFAO! Are you seriously that paranoid? If they are an invasion force they are pretty freakin disorganized and ineffective since 99% of them seem more focused on finding a job and supporting their families rather than overthrowing the US government. America is still standing. But, you probably still think Democrats are coming to take your guns and your women too.
So, tell me, since undocumented immigration continues to this day…are the undocumented immigrants entering the US now part of Trump’s invasion force or just part of his big beautiful plan? Asking for a friend.
@GaryLeff”Do you carry documents with you proving your citizenship?”
Actually, yes I do.
I carry a driver’s license which requires proof of citizenship or legal residence to receive in most states. I also carry a United States passport card in my wallet, which CLEARLY shows citizenship. Given that this is a travel site, and given that many of of have passports and passport cards, I’d wager that the proportion of site users who carry proof of citizenship or legal residence on them either directly or indirectly is rather large. Passport cards are easy to get and are supremely easy to carry around, being the size of a credit card.
Now, toss in ancillary identification that MAY require proof of citizenship or legal residence to receive, like proof of car insurance, and the proportion goes up even higher.
Gary, the old liberal trope that people can’t have ID, or can’t carry it, or whatever, is tired and obsolete. People do carry ID on them, of various forms, which may directly or indirectly show proof of citizenship. Come on, now.
@Bob Moran – 19 states and the District of Columbia as well as Puerto Rico offer drivers licenses to undocumented immigrants. It’s also possible to get car insurance with such a license, and I believe that State Farm, Progressive, Allstate and others offer policies to undocumented drivers in these states.
So, no, a drivers license and proof of insurance is not proof of citizenship.
they had no due process when they entered this country and should have no due process when they are removed from this country.
@GaryLeff,
You said, “So, no, a drivers license and proof of insurance is not proof of citizenship.” Gary, I never said that it absolutely was. I said that it MAY be. I specifically said that, “I carry a driver’s license which requires proof of citizenship or legal residence to receive in most states.” Did you see the word, “most?” Yeah, it was in there.
I also mentioned that things like car insurance MAY require proof of citizenship or legal residency to acquire – “Now, toss in ancillary identification that MAY require proof of citizenship or legal residence to receive, like proof of car insurance, and the proportion goes up even higher.” Come on, now Gary, you know what I wrote.
Finally, I mentioned passport cards, which a lot of Americans have and carry in their wallets everyday because of their small size and ease of carry. Toss in VA cards, Social Security cards, and all sorts of other secondary forms which require either citizenship, proof of residency, or similar, to receive and… Yeah, ID showing one’s legal status is very easy to carry.
Please go back and reread what I wrote.
@Bob Moran – but then the point is that citizens don’t generally carry proof of citizenship.
And passport cards make up about 15% of passport issuances in the United States. Fewer than half of Americans have passports. I do not get what makes you think that people generally carry these or carry social security cards (which aren’t designed for daily carry – the material won’t hold up).
Uh, Bob Moran, half the city of New York have no drivers license nor any need for one. So now, what would a typical person be carrying with them all the time to “prove” their citizenship? Your whole attitude of “papers please” falls nicely in line with the authoritarian impulses the MAGA bunch seems quite enamored by
“What’s hilarious about the liberal left is that Obama and Clinton deported more illegals than Trump, and yet no one one the left said a damned thing. The TDS is on full display.”
Also what’s funny is how moronic MAGgots, and those that identify with the “(Un)law(ful) & (Dis)order Party” didn’t say a damn thing about Tramp making deals with ‘El Chapo’ to allow members of his family to leave Mexico and cross into the U.S.
Yeah, the (T)ramp (D)evotion (S)yndrome afflicts this nation no end.
Deport them all.
Anyone against deporting these vermin are the enemy.
“So, tell me, since undocumented immigration continues to this day…are the undocumented immigrants entering the US now part of Trump’s invasion force or just part of his big beautiful plan? Asking for a friend.”
Apparently Tramp’s invasion force includes the family of El Chapo.
Hey MAGA….thought you all were all about removing criminal aliens.
@Gary Green card holders are required to carry it at all times. If you barely speak English and are an adult and don’t have your green card the chances are high you are illegal or at least just visiting.
We really need to require proof of legality Real ID, Green Card, or passport that everyone should carry, but we don’t currently. A citizenship card would be good.
It’s crazy to give illegal aliens drivers llicense. It shows the people who run this country are nefarious and only care about foreigners who shouldn’t even be here
Actually Gary, most Americans DO carry period of citizenship ….. in the form of a “Real ID” driver license. According to DHS, about 60% of Americans’ current driver licenses or personal IDs are Real ID compliant. And many, many more Americans are rushing to get them.
Getting a Real ID requires proof of citizenship — that’s the whole point. Add to that those people who hold passports, passport cards, military IDs and a host of other types of acceptable federal or tribal IDs and who don’t feel the need to get a new DL, that’s a significant majority of Americans who can prove their citizenship at any time. And that percentage is only growing like crazy, as people realize they need this proof to get on an airplane.
@Sean Murphy “Actually Gary, most Americans DO carry period of citizenship ….. in the form of a “Real ID” driver license. ”
No, 60% of drivers licenses are REAL ID, but only 70% of Americans have drivers licenses [85% of the population that’s 16 and older, remember the administration wants to deport kids, too!]. It’s 42% of the population that has a REAL ID, which isn’t most.
And btw REAL ID is not proof of citizenship, it’s also available to legal residents and to those with Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status… the Trump administration is revoking TPS from 300,000 Venezuelans who have been eligible for REAL ID (provided they’re old enough etc).
Important issue raised here—consumers deserve to know if their travel dollars support deportations. The legal response feels more like silencing than solving. Transparency matters!
Wow, these comments represent so much disinformation. Trump stated during his campaign that he would be doing 100s of thousands of deportations starting Jan 20th. So far, he has not deported even 100,000.
1-the vast majority of immigrants, legal or otherwise commit very few crimes. They do not want to get caught and try to keep very low profiles.
2- the vast majority of illegal immigrants over stay their visas. Doing this is not criminal but an administrative violation.
3- immigrants who cross the border illegally and caught by border patrol are processed. The vast majority claim asylum. That is allowed by US law. These individuals are tracked. Some (not all) are given ankle bracelets. But all are entered in the immigration system to have hearings on their claims of asylum.
4- the individuals now being deported are mostly people who ICE knew their locations. Because of that, these individuals were easily rounded up. These same individuals were promised hearings on their cases, in many instances years ago.
5-for those that think that illegal immigration to the USA has stopped, news for you, it has not.
Trump is presently deporting the easy to find individuals. Ones who were promised that their asylum cases would be heard. Ones that the government knew where they lived. That is the due process that experts complain that these individuals are not being given.
Here’s the issue, the slippery slope; if we deny due process to the most vulnerable members of American society, we begin a process of making it easier for the federal government to strip due process from all of us.
The sensible advice has long been not to carry around your SocSec card around any more than minimally necessary and to minimize the risk of losing it along with your photo ID.
Telling people to carry that around is just going to cause unnecessary trouble.
While I nearly always have a passport within 20-30 minutes of where I am, I most certainly don’t carry it or other ID with me all or even most of the time.
I don’t need ID to get around with mass transit trains and buses or to bike, walk or run. And I would certainly prefer to be able to fly around as a passenger without carrying ID.