Suit over ID requirement hits snag

SAN FRANCISCO (AP) -- The Justice Department refuses to confirm or deny whether federal rules exist requiring people to show ID before boarding an airplane, according to documents filed with a federal appeals court.
The Bush administration told the 9th U.S. Circuit Court of Appeals that air-travel security initiatives are a matter of national security, and should not be available for public inspection.
John Gilmore, a Libertarian who made millions as a founding employee of Sun Microsystems, sued the government and the airlines, alleging among other things that the identification requirement violates his right to freely assemble.
In 2002, Southwest Airlines employees at Oakland International Airport barred Gilmore from boarding a flight to Baltimore after he refused to produce government-issued photo identification.
He also refused to allow security personnel to pat him down and search through his luggage instead of producing the identification.
Gilmore went through a similar experience with United Airlines employees at San Francisco International Airport later that day. Both airlines said they were following federal directives.
A federal judge in San Francisco had dismissed Gilmore's challenge without determining whether such a law existed. Gilmore appealed.
James Harrison, Gilmore's attorney, said the case is about "the ability to travel freely within the United States without having to show your identification at every turn."
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