The lawsuit, originally filed in 2015, resurfaced following a fatal midair collision in Washington, DC, that claimed 67 lives—the deadliest U.S. aviation disaster in nearly 25 years. Hours later, a small private plane crashed in Northeast Philadelphia, putting emphasis on the role of air traffic control.

At the time of the blackhawk helicopter incident, staffing levels were reportedly “not normal.” Andrew Brigida, the lead plaintiff in the lawsuit, criticized the FAA’s focus on diversity and inclusion, suggesting it contributed to the likelihood of such an accident.

The New York Post report says that the lawsuit claims the FAA, under the Obama administration, replaced a skill-based hiring system with a “biographical assessment” to increase minority hires.

Andrew Brigida, a white applicant, alleges racial discrimination after being rejected despite scoring 100% on his training exam at Arizona State University’s aviation program in 2013.

The FAA faces growing criticism over its hiring policies, with some, including former President Trump, blaming diversity programs for understaffing and lower air traffic control standards.

Lead plaintiff Andrew Brigida suggested diversity-focused hiring made an aviation accident inevitable. He pointed to the FAA’s preliminary report, which revealed the controller on duty during the fatal plane-helicopter crash was handling two roles due to staffing shortages. The report also noted that Ronald Reagan National Airport had fewer controllers than recommended.

Brigida, now an FAA program manager, hopes Trump will address the staffing crisis if re-elected. Meanwhile, the FAA continues struggling with shortages since 2020’s pandemic layoffs.

The lawsuit, which the FAA and the Department of Transportation are contesting, is set for trial next year. Government lawyers argue that expanding hiring eligibility doesn’t constitute discrimination under Title VII, as it ensures equal access rather than preserving prior advantages.

U.S. Transportation Secretary Sean Duffy, in “support” of President Donald Trump and in “consultation” with Secretary of Defense Pete Hegseth, made the announcement Friday afternoon.

Duffy said the move would ensure safety following the mid-air collision between American Airlines flight 5342 en route from Wichita, Kan., and an Army Blackhawk helicopter while the commercial jet was on approach to land at Reagan Washington National Airport (DCA).

“Today’s decision will immediately help secure the airspace near Reagan Airport, ensuring the safety of airplane and helicopter traffic,” said Duffy.

The secretary said the restriction is a step in “restoring” the American people’s confidence in air travel.

“This is part of the U.S. Department of Transportation’s ongoing commitment to safeguarding our nation’s skies and upholding the highest standards of air travel safety.

“We will continue to support President Trump’s directive to achieve uncompromised aviation safety. The American people deserve full confidence in our aviation system and today’s action is a significant step towards restoring that trust,” Duffy added.

The restriction will apply to areas along the Potomac River and DCA, including Memorial Bridge to South Capitol Street Bridge, excluding the Tidal Basin, Haines Point to Wilson Bridge and over the top of DCA.

Exceptions to restrictions apply to choppers entering the airspace for lifesaving medical support, active law enforcement, active air defense and presidential transport missions.

The memo added that the restrictions will “remain in place until the National Transportation and Safety Board “completes its preliminary investigation of the air carrier incident, at which point it will be reviewed based on NTSB’s report.”

U.S. Sen. Mark Warner, D-Va., praised the move, echoing Duffy’s commitment to restoring trust.

“I’m glad to see the FAA take action to restrict helicopter traffic around DCA. This is a good step to restore public trust and promote safety. I’m still thinking of the victims and focused on preventing future tragedies,” Warner posted on X.

As of Friday afternoon, 41 victims have been recovered from the wreckage. Sixty passengers and four crew members were on the plane and three soldiers were on the helicopter at the time of the collision.

On Thursday evening, a recovery team had retrieved the plane’s cockpit voice recorder and flight data recorder. The black boxes have been sent to NTSB labs for evaluation.

It was also announced Friday that two of the three runways at DCA will be closed in an effort to assist the recovery efforts. Authorities said the two runways could be closed for up to a week but will be reassessed on Monday.