LARS  LIEBELER  PC

Should an Alaska Charter Pilot Lose a $95,000 Airplane Over a Six-Pack of Beer?

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Lars Liebeler filed an amicus curiae brief in the U.S. Supreme Court on September 10, 2026, in support of Alaska charter pilot Ken Jouppi, whose $95,000 airplane was forfeited after he transported a passenger whose belongings included alcohol destined for a dry community.

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The Alaska Supreme Court upheld the forfeiture even while assuming, for purposes of its analysis, that Jouppi's culpability extended only to a six-pack of beer that was visible among the passenger's groceries.

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The brief, filed on behalf of the National Air Transportation Association (NATA), asks the Court to consider the real-world responsibilities of a small charter pilot operating in rural Alaska. Federal aviation law places extensive safety responsibilities on the pilot in command, including responsibility for the aircraft, weather, loading, performance, and the safe conduct of the flight. Those regulations do not impose a general duty on a charter pilot to open and search passengers' private luggage for alcohol that may be prohibited at their destination.

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NATA argues that this operational context matters when determining whether forfeiture of Jouppi's airplane was grossly disproportionate under the Excessive Fines Clause of the Eighth Amendment. A pilot's culpability should be assessed based on his own conduct and actual professional responsibilities, rather than by attributing to him the broader harms associated with alcohol bootlegging generally.

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The Supreme Court will hear oral argument on December 1, 2026.  

Read the amicus brief here ....

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