What is the Hatch Act, and why are some airports citing it this week?

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DENVER (KDVR) — Airports across the nation continue to react to a video the Department of Homeland Security is asking them to play. Many airports have decided not to play it for various reasons; some worried it violates a law.

Airports, including Denver International and Colorado Springs, say they will not play the video.
While they each cited their own reasons, other airports are pointing squarely at a longtime law; the Hatch Act.

The 30-second video has Americans talking and airports making decisions. In it, Department of Homeland Security Secretary Kristi Noem blames Democrats in Congress for delays travelers may be experiencing at the airport.

“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. However, Democrats in Congress refuse to fund the federal government and because of this, many of our operations are impacted, Noem said at the beginning of the video. “We will continue to do all we can to avoid delays that will impact your travel. And our hope is that Democrats will soon recognize the importance of opening the government,” Noem said.

While Denver International Airport told Fox31 they will not be displaying the video because their monitors can only display flight information and cannot play video or audio, Colorado Springs Airport said they are not playing the video because airport policy prohibits it.

“As a publicly operated facility, the Airport adheres to policies that prohibit the display of materials that could be interpreted as political or partisan in nature. In accordance with our Advertising Policy, content of this nature is not eligible for display within airport facilities. Our focus remains on providing a safe, efficient, and welcoming experience for all travelers. Therefore, Colorado Springs Airport is unable to display the Department of Homeland Security video.”- Colorado Springs Airport

Other airports across the country have pointed to the Hatch Act. The 1939 law prohibits most federal employees from engaging in partisan political activities while on the job or using government resources. Our political analysts had different opinions about whether or not this violates the law.

“I don’t understand why we are even questioning it. Because she used federal resources as the secretary, she went on and produced a video and then had it sent out, using federal resources, to blame the Democrats for the shutdown. If that’s not a clear violation of the Hatch Act, I have no idea what is,” said FOX31 Political Analyst and Democratic Strategist Andy Boian.

“I think it’s wholly inappropriate that the Secretary of the Department of Homeland Security is putting out a video in airports when we can’t even get air traffic controllers to control aircraft around the country,” Boian added. “They’re leaving because they are not getting paid and Kristi Noem is worried about a video going out in airports. I think it’s a clear violation of the Hatch Act. And it also really perpetrates more people to do things like this.”

“We’re talking about something where she is putting out a video. There is not an election year, it’s not about a candidate,” said FOX31 Political Analyst and Republican Strategist Michael Fields. “It’s not about a specific election that’s coming up or happening right now. There’s no government resources helping a candidate or anything like that. So if you look at this, this is really a policy discussion that’s happening.”

“Republicans are saying, ‘let’s open the government up.’ Democrats are saying, ‘no we want to shut it down in order to try to get healthcare subsidies.’ So I think it’s a factual thing that is happening,” Fields added. “Now, does that have to be across the country on these videos? That’s up to Kristi Noem and their budget and everything else. But I don’t think it’s any violation of the law.”

Republican Congresswoman Lauren Boebert said she will be demanding action on airports that are refusing to show the video via a post on X. Some watchdog groups and Democrats on Capitol Hill have filed complaints with the Office of the Special Counsel. People working at the office are out right now because of the shutdown. In the past, penalties for violating the Hatch Act have been considered to be mild by experts. People found in violation could be reprimanded, removed or face a $1,000 civil penalty.

“I think Kristi Noem is not going to have any repercussions from doing this, clearly,” Boian said. “Even people who have violated this before faced small fines or a letter saying you need to stop or change that. So, again, I don’t think this is going to happen. I don’t think that’s going to be the ruling on it. But if it was, it would probably be like, ‘Hey, you have to go back and do another video that doesn’t say Democrat in it,'” Fields said.

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