Avelo Airlines recently got into the deportation flight business, as a way of diversifying its business model. The airline is basing three Boeing 737s at Phoenix Mesa Airport (AZA), to carry out President Trump’s deportation efforts.
As you’d expect, this decision has proven controversial among many, especially given that Avelo has focus cities in some pretty liberal areas. One blogger turned politician took out an ad to call out the airline, and is now facing a lawsuit, as reported by The New York Times, and flagged by Live and Let’s Fly. Is there any merit to this, or is this just a big company trying to bully a small organization?
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Anti-Avelo deportation flight billboards taken down
Seth Miller is an aviation blogger and New Hampshire lawmaker. He’s not happy with Avelo’s decision to operate deportation flights, and he took his displeasure to the next level. He runs the AvGeek Action Alliance. As the organization describes its mission:
The AvGeek Action Alliance is committed to supporting the positive parts of the industry, while aggressively calling out those who choose otherwise. In short, every business must make a decision as to who it partners with. Similarly, every consumer must choose which businesses to patronize.
The latest target for the AvGeek Action Alliance is Avelo, after the organization raised around $6,000 for this cause. On Monday, May 5, 2025, the organization began a campaign with advertisements on two billboards near Tweed New Haven Airport (HVN), in Connecticut, which is a hub for the airline. The billboard showed a picture of an Avelo plane with a modified logo, reading as follows:
“Does your vacation support their deportation? Just say avelNO!”
Four days later, a lawyer for the airline sent Miller a letter, accusing him of trademark infringement and unfair competition. The letter claimed that it heard of “instances of actual confusion” among customers, who believed that the billboard was affiliated with the airline. The letter also stated that the airline could recoup damages of $150,000 per infringement, and demanded the billboards and associated website be removed, to “avoid any escalation of this matter.”
On top of that, the airline managed to persuade the billboard operator, Lamar Advertising, to take down the ads, to avoid getting involved in a legal fight.
Miller fights back, sues Avelo for squashing free speech
On Friday, May 16, 2025, Miller fought back, and filed a lawsuit against the airline in Nevada, where the company was incorporated. He has asked a court to affirm that he was only exercising his freedom of speech:
“I have the right to raise objections to their business actions, just as much as they have the right to advertise their business.”
“This contract was signed after we knew that they were sending people to the wrong countries, that they were doing it without hearings. I think that’s disgusting and needs to be called out.”
As Miller’s lawyer, Charlie Gerstein, explains:
“The First Amendment protects Miller’s speech here, and the principle underlying that is that Avelo can make its own speech. Avelo is free to respond to Miller in the marketplace of ideas but is not free to use baseless threats of litigation to silence him.”
Is there merit to Avelo’s billboard claims?
Let’s forget the politics of the topic for a moment, since we don’t need to debate the merit of deportation flights in the comments section. I think most of us agree that reasonable free speech should exist, and that people should have the right to express displeasure with the decisions a for-profit company makes.
I’m no lawyer, but it seems like the only potential case that Avelo would have against this campaign is regarding potential copyright infringement. It sure seems to me like this would fall under a typical fair use concept, no?
It seems more than a little disingenuous for Avelo to claim that there’s genuine confusion among consumers as to whether the ad is coming from the airline or not. Like, obviously the ad isn’t from the airline.
Good on Miller for fighting back against this attack, because all too often our legal system is simply used as a way for big companies to bully individuals into compliance. Let the court decide on the merits of this.
I also can’t help but Avelo is shooting itself in the foot with taking action in this way. How many people would’ve seen these billboards near the airport? But with The New York Times and other outlets now picking this up, Avelo’s deportation flights are about to get even more attention.
Bottom line
Avelo Airlines made the decision to get into the deportation flight business. That’s the company’s right, though the public should also be allowed to object to it, if they’d like. One organization led by a blogger and politician took out billboards near New Haven Airport, to object to Avelo’s decision.
The company ended up threatening legal action, and the billboards were ultimately taken down. Now the person behind this is suing the airline, claiming that they’re trying to infringe on his First Amendment rights. I’m curious to see how this plays out.
Regardless of how someone feels about the ethics of the current deportation flight situation, we should all support reasonable free speech, in my opinion. Like, I’d feel the same if the politics were reversed.
What do you make of Avelo’s threats over these billboards?
Another reason to not fly Avelo - the deportation flights are bad enough, and now they've added their bullying attempts to squash reasonable criticism.
Welcome to the dark world of SLAPP suits. It’ll backfire on Avelo, as these always do.
I am a foreigner, so this is not my business.But even immigrants have legal and illegal differences, right?Let's assume that Avelo canceled a deportation flight and set them free.That is about 200 illegal immigrants.
So is Seth Miller willing to accept these people? This means housing, food, medical care and even job opportunities.Even if he wants to, does he have the ability?
@ tuotuo -- No one is suggesting that Avelo take on deportation flight contracts and then set people free. Rather, people are suggesting that the company not sign up for a contract like this, for the reasons stated (like the questionable legal basis on which the deportations are happening).
The airline doesn’t decide who gets deported. That’s a government function (via DHS/ICE).
The airline is simply a contracted service provider, like a plumber, electrician, or IT company working for the government.
Making fun of or publicly attacking the airline for “deporting people” is misleading, because they don’t initiate or authorize deportations — they just provide transportation.
@ Bob Sanders -- I'm sorry, I don't follow your logic. So just because they don't decide who gets deported, they have no responsibility? Should hitmen not be criticized, because they don't decide who their target is?
The airline is signing up for this contract *after* these deportations became much more controversial than in the past. We don't have to debate the merits of this, but surely you can see how if someone has an...
@ Bob Sanders -- I'm sorry, I don't follow your logic. So just because they don't decide who gets deported, they have no responsibility? Should hitmen not be criticized, because they don't decide who their target is?
The airline is signing up for this contract *after* these deportations became much more controversial than in the past. We don't have to debate the merits of this, but surely you can see how if someone has an issue with the Trump administration's deportation plan, they could also have an issue with Avelo accepting this work, no?
Avelo's leadership is just plane (pun intended!) dumb. Dumb as mud. Startups are notoriously difficult to run so I am empathetic with their plight. But to think that helping the U.S. government run flights that carry people who have, in many cases, not had due process (that's illegal in the U.S. for the fascist Trump nutjobs out there), while the carrier's main bases are in wealthy, liberal areas is stupid commercially and reflects a depressing...
Avelo's leadership is just plane (pun intended!) dumb. Dumb as mud. Startups are notoriously difficult to run so I am empathetic with their plight. But to think that helping the U.S. government run flights that carry people who have, in many cases, not had due process (that's illegal in the U.S. for the fascist Trump nutjobs out there), while the carrier's main bases are in wealthy, liberal areas is stupid commercially and reflects a depressing lack of moral correctness and fortitude.
Call 60 Minutes and have them cover it!
Oh, wait...
This is fascism, kids. Go watch the old movies and lean some basic lessons.
Oh Casino Express, Xtra Airlines, Xtra Airways, and Avelo… how we admire you for managing to find ways for this certificate to survive in a competitive industry as it has done for so many years since Elko.
Free Speech and Fair Use both exist. Avelo can pound sand.
The airline is free to run these rendition flights, and the public is free to call them out on it.
Avelo has a point. Some people drive fast and miss the correct message. Fair use does not apply. Change the wording slightly and get rid of the Avelo wording.
Some car companies have forced independent repair shops from using their name. For example, Continental Mazda or Signature BMW. Fair use didn't apply.
Are we gonna see LSAT reviews soon?
Maybe a different kind of bar, not found on A380, you'll be reviewing in the future?
If people are seriously concerned about airlines flying deportation flights, do a freedom of information act request to get a list of ALL commercial airlines contracting with DHS to do deportation flights. The results will surprise you.
...Regardless of political persuasion, I would be more concerned about transporting shackled deported migrants. If there is an emergency evacuation - how are 100 shackled adults and kids supposed to evacuate. FA's are told NOT to assist.
If people are seriously concerned about airlines flying deportation flights, do a freedom of information act request to get a list of ALL commercial airlines contracting with DHS to do deportation flights. The results will surprise you.
Regardless of political persuasion, I would be more concerned about transporting shackled deported migrants. If there is an emergency evacuation - how are 100 shackled adults and kids supposed to evacuate. FA's are told NOT to assist.
Avelo
GlobalX
Global Crossing Airlines
LOL, doesn't take much to trigger you, does it, cupcake?
@ David -- To be clear, most major airlines don't perform deportation flights. Global X is the major player in this game, and now Avelo is participating as well. Alaska, American, Delta, JetBlue, Southwest, United, etc., don't do this. Or is there something I'm missing?
I use Avelo on occasion and the flights are always packed. Your stupid boycotts don’t work. America voted for this. Time you moronic libtards realize the tides have turned. Trump destroyed Kamala! Won every single swing state. Americans want our laws to be followed, not ignored. Meanwhile liberals want known ILLEGAL foreign criminals to stay here. Incredible!
Only ignorant knuckledraggers voted for that criminal.
@brian I would try to point out the irony in your weird little tantrum but it would probably fly right over your smooth little brain.
@Ben, this the same Brian who says he’s an Independent who isn’t here to argue politics? These people who are always calling liberals snowflakes are the most whiny little bitches who immediately go into all caps meltdown mode the moment they hear something they don’t like or someone puts the word gay in a book or says to them happy holidays or whatever. So obnoxious and insufferable. They’re like “President Trump telling people to march...
@Ben, this the same Brian who says he’s an Independent who isn’t here to argue politics? These people who are always calling liberals snowflakes are the most whiny little bitches who immediately go into all caps meltdown mode the moment they hear something they don’t like or someone puts the word gay in a book or says to them happy holidays or whatever. So obnoxious and insufferable. They’re like “President Trump telling people to march on the Capitol is protected speech!” but someone putting up a billboard it’s “no, not like that! Be nice to the President. rEsPeCT tHe oFFicE!”. The first amendment comes before the second one, Chad. Bunch of whiny snowflakes. Go get a job dude. Do something productive for society.
@ Michael -- Yep, same Brian.
You know less than zero about airlines. Doesn’t matter very much if some of the planes are totally packed if the fares and fees don’t cover costs for the system.
And in Avelo’s case, they don’t. Avelo went into the deportation business because they are desperate. Period.
Brian, please calm down
Here's rooting for Lucky to Tim Dunn you.
@ Brian -- Despite the packed flights you've seen, Avelo isn't quite profitable yet. The airline lost a modest amount of money in 2024. Now the outlook looks even worse for 2025, due to current macroeconomic factors, which is why Avelo took on this contract. I won't assign blame for the macroeconomic factors, though.
IP attorney here! Yeah, no case for Avelo. Would be trademark infringement (maybe) but Miller’s comments are covered by fair use—commentary and criticism. I also don’t think there would be actual consumer confusion. A consumer wouldn’t believe that Avelo is promoting deportation flights (especially since they can’t sell them).
Fair use. No case for Avelo.
However, there's one thing that American consumers, whether liberal or conservative, seem to agree on: buy the cheapest thing, and to hell with the consequences.
This is totally going to Streisand effect Avelo. Like 2 people fly them every week, but now this may get picked up by the MSM and at the very least the local media. It will bring more attention to the fact they’re not only operating deportation flights, but bullying anyone who calls them out on it. I don’t think this will have the outcome Avelo thinks it will.
And they have no actual legal case.
That’s almost never the point of suing. Large companies just sue you to make you spend tons of money you can’t afford to spend which is not a problem for them. Many people just comply to avoid the hassle and expense. And that’s the goal. Best to publicly shame them.
We’ll see millions of Trump cult members traveling to Burbank and New Haven just so they can fly Avelo. Just like they are buying Cybertrucks so show their loyalty to the cult leader.
Except they aren’t buying cybertrucks with deliveries on them flat and existing models already discounted. It turns out that big oil loving F150 drivers from suburbs do not want an EV