FlyerTalk Forums - View Single Post - Mugged by TSA in San Juan PR
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Old Sep 25, 2012, 10:16 pm
  #9  
mkt
 
Join Date: May 2005
Location: MIA/SJU/MCO
Programs: AA LT PLT; DL GLD, UA nothing, B6 Mosaic; Emerald Club Executive
Posts: 3,331
Puerto Rico is US property, but is not part of the US. And we have a completely unique culture, which while compatible with US culture, is separate from it. Among those cultural elements are our own laws, our own constitution, and our own legal system. Oh, and we speak Spanish and use the metric system (except for MPH)

That's the distinction one needs to remember when down here.

And after showing this thread to 3 different local attorneys:
  1. Believes that the OP violated the TSO's right to privacy under Article 2, sec 8 of the Puerto Rico, since while they may be government employees, they are not considered public figures (elected). He said if this were to go to local court, you'd lose - you'd have to take it to federal court to have a chance of winning.

  2. Believes that only government can infringe on a persons rights. However, they also believe that a case might exist where the TSO can sue to OP. Her words.. "he's fu**ed", and she cited this from the TSA's own website:
    While the TSA does not prohibit photographs at screening locations, local laws, state statutes, or local ordinances might.
    And while not 100% certain, she believes that there is a local regulation that also prohibits video at SJU.

  3. Believes the TSO's right to privacy was violated, but cannot be sure until a court decides.

In short, Puerto Rico is not the right place to test your rights. You might end up in jail and losing in court. If you want US justice, take it to federal court.

Last edited by mkt; Sep 25, 2012 at 10:39 pm
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