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