Remember John Tyner, the “Don’t touch my Junk” guy who is being threatened with a civil lawsuit and an $11,000 fine for leaving the airport (after he had been escorted out of the security area by the TSA) after refusing a backscatter full body scan and an intrusive pat down in which the TSA agent would have fondled his genitals. Here is his blog story to refresh your recollection, starting from the point where he has already been escorted from the security area by the TSA and had his ticket refunded.
At this point, I thought it was all over. I began to make my way to the stairs to exit the airport, when I was approached by another man in slacks and a sport coat. He was accompanied by the officer that had escorted me to the ticketing area and Mr. Silva. He informed me that I could not leave the airport. He said that once I start the screening in the secure area, I could not leave until it was completed. Having left the area, he stated, I would be subject to a civil suit and a $10,000 fine. I asked him if he was also going to fine the 6 TSA agents and the local police officer who escorted me from the secure area. After all, I did exactly what I was told. He said that they didn’t know the rules, and that he would deal with them later. They would not be subject to civil penalties. … He again asserted the necessity that I return to the screening area. When I asked why, he explained that I may have an incendiary device and whether or not that was true needed to be determined. I told him that I would submit to a walk through the metal detector, but that was it; I would not be groped. He told me that their procedures are on their website, and therefore, I was fully informed before I entered the airport; I had implicitly agreed to whatever screening they deemed appropriate. I told him that San Diego was not listed on the TSA’s website as an airport using Advanced Imaging Technology, and I believed that I would only be subject to the metal detector. He replied that he was not a webmaster, and I asked then why he was referring me to the TSA’s website if he didn’t know anything about it. I again refused to re-enter the screening area.
The man asked me to stay put while he walked off to confer with the officer and Mr. Silva. They went about 20 feet away and began talking amongst themselves while I waited. … After a few minutes, I asked loudly across the distance if I was free to leave. The man dismissively held up a finger and said, “hold on”. I waited. After another minute or so, he returned and asked for my name. I asked why he needed it, and reminded him that the female supervisor/agent had already taken a report. … He reminded me that I could be sued civilly and face a $10,000 fine and that my cooperation could help mitigate the penalties I was facing. … I asked if I was free to leave. I reminded him that he was now illegally detaining me and that I would not be subject to screening as a condition of leaving the airport. … I asked if tried to leave if he would have the officer arrest me. He again said that no one was forcing me to stay. I looked him in the eye, and said, “then I’m leaving”. He replied, “then we’ll bring a civil suit against you”, to which I said, “you bring that suit” and walked out of the airport.
Actually the TSA is now threatening to sue him for $11,000:
Michael J. Aguilar, chief of the TSA office in San Diego, called a press conference at the airport Monday afternoon to announce the probe. The investigation could lead to prosecution and “civil penalties” of up to $11,000, he said.
Well, I went looking for the TSA’s legal authority to fine him for leaving the airport after he did not fly that day and after he was escorted out of the security area and had his ticket refunded. Apparently it is based on the following TSA document entitled “ENFORCEMENT SANCTION GUIDANCE POLICY”:
INTRODUCTION: On November 19, 2001, Congress enacted the Aviation and Transportation Security Act (ATSA), which created TSA, and which transferred authority for enforcement of civil aviation security requirements from the Federal Aviation Administration to TSA. On July 21, 2009, TSA’s Investigative and Enforcement Procedures, including the maximum civil monetary penalty amounts for violations of TSA’s security regulations, were amended to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. The current civil penalty monetary amounts became effective on August 20, 2009. […]
PURPOSE: This sanctions policy provides guidance for imposing civil monetary penalties … up to $11,000 per violation for all other persons, including but not limited to individuals …
The sanctions guidelines for individuals who violate their procedures begins on page 7, Section VI. For example being caught with a loaded firearm can result in a fine between $3000 and $7,500 if it is found at the checkpoint, and $1000 – $2000 if found in checked baggage. Mr. Tyner, of course had no firearm loaded or otherwise, yet he is being threatened with the maximum civil penalty of $11,000.
I looked and I could not find a category that precisely fit the violation for which Mr Tyner is being threatened with a maximum fine of $11,000. Most of the fines for refusing to be screened or comply with screening procedures appear to fall within the $1000 to $3000 range at best. Of course, it could be that Tyner will be charged with multiple violations (which ought to be interesting considering the vague language describing said violations) or perhaps simply with the catchall violation which is described thusly:
*Violations not listed above are subject to the regulatory civil penalty maximum of $11,000.
Which means I suppose, that anything the TSA wants to call a violation that isn’t listed in their guidelines. So be forewarned that if you refuse a backscatter x-ray full body image screening and the alternative full body invasive pat down of your genitals they will try to fine you the max amount of $11,000. In the real world I would label that extortion, but this is TSA world, so I imagine anything goes until a Federal Court tells them they can’t. And even then, the cost of defending yourself is likely to exceed the amount of the fine in any event.
Then again, you could always take wear a kilt without underwear (as first suggested by Jeff Goldberg at The Atlantic) and demand the “aggressive pat down” just to make the TSA agents as uncomfortable as possible. Then again, maybe some of them would like that.
My suggestion. Don’t fly if you can avoid it. If you can’t you’ll have to judge for yourself what is worse if you get selected for the full body scan: (1) go through the scanner and have TSA agents see a nude image of you, (2) allow a TSA agent to grope around your “groin area” or (3) stand up for our ever diminishing civil rights and hope a court agrees with you. Of course the third option means you don’t get to fly and will have to pay thousands of dollars defending yourself and possibly pay a fine.
What a fun country we live in, eh?
And perfectly predictable: In order to get white folks to care about civil rights invasions, one needs to invade the civil rights of white folks.
“called a press conference at the airport Monday afternoon to announce the probe”
Probe, being the operative word, that guy has just started a move towards telling this government to back the fuck off.
Hooray for him & to hell with not flying because of these stupid arbitrary rules that do nothing for security.
People should be free to travel without a groping intrusive search.
Christ, I was watching a little 3 year old being fondled & groped earlier today on a YouTube video while discussing this very subject.
When they start shoving probes up your ass trying to detect contraband or explosives, call me a non flyer, but until then, keep your hands off my junk too.
Hey Steven D
I forgot to mention, “I hope all is well with you & your family.”
Thanx.
I’ll bet most of us will work our minds around compliance with 1 or 2. Inch by inch, down the slope we go.
No doubt the probes will come along too, since the full body scans can’t check out body cavities. Again: inch by inch.
Power & Control need the means to Be.
& still, asking ‘why terrorism against the US?’ with any seriousness remains outside the realm of public discourse.
It shouldn’t be overly difficult for tyner to find a lawyer willing to work pro bono, to countersue that TSA division for something like $11,000….,000 (11 million).
A good Civil Litigator should be able to put up a helluva fight, and likely win the case, since there is likely plenty evidence (video and otherwise) to show Tyner was no threat, was not threatening, and was likely detained illegally without being informed of charges or Mirandized. Might be a popcorn-muncher of a Trial….provided the TSA decides to make a case out of this…
Smart bureaucrat would let bygones be bygones….
They can’t stand the heat and light of truth.
Bet on it.
AG
Civil case, that means the defendant gets to use DISCOVERY against the TSA.
I’d say that right after TSA gets a subpoena for docs relating to radiation exposure from the body scanner, and internal memos regarding medical risk, and the various “secret rules” that TSA operates under, they decide to quietly drop the case.
Countersue for harassment. Keep the discovery going.
State Secrets doctrine would be raised to cut off discovery. Count on it.
At this point, increasingly I have to ask the question if it even makes sense to fly in many cases. If it’s business, much of what I’d want to accomplish could very well be done via skype. Why bother with the hassles of overpriced air flights, lousy service, and overly zealous and invasive TSA goons?
All that said, I hope this guy gives ’em hell.
If you want the TSA to take notice, start a letter writing campaign not to the government but to the airlines. Write to every airline you’ve ever flown and include your frequent flier number, explaining that you will no longer fly anywhere so long as you are subjected to sexual molestation by a government agent in order to enter the airport.
That’s very bad for business. The airline industry can put a stop to all of this nonsense. They have lobbyists, we don’t.
…And you might want to add that in the UK, they are not able to install these (electronic dick and breast measuring) machines because they violate their child pornography laws.
The last time I flew, a round trip, was in Aug/Sep of 2000. Before W was appointed by King Scalia.
Time before that was in 1989.
If I can’t drive or talk, I’ll stay home.
Searching the law will reveal no explanation for the behavior of people in authority. Mr. Tyner’s crime was refusing to submit graciously to these cops. He pushed the envelope by pointing out the fact that he has balls and civil rights. This was perceived as a challenge and provoked their anger.
He’s very lucky to have escaped being tased or shot. Black people and women (and all us lesser beings) are quite accustomed to the kind of treatment John Tyner is fighting. I hope this case does go to court and the airlines lose a lot of business after this. Opt-out day is only a week away.
more people should be doing what the germans are doing: protesting by getting naked.
i have no shame (shocker, i know), and do not have the slightest problem with getting naked in front of other passengers, lifting my scrotum for the TSA unlucky enough to pat me down and saying (in my extremely loud voice) “NO BOMBS UNDER MY BALLS! DO YOU WANT TO LOOK UP MY ASSHOLE NOW! ACTUALLY, I INSIST. MAKE SURE YOU MASSAGE MY PROSTATE OF MASS DESTRUCTION.
For that matter, insist they do it in front of everyone, “for their safety as well as mine. my fellow passengers deserve to know if I have a bomb under my balls.”