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TSA: you objected instead of answering our questions, so you had no right to speak

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TSA: you objected instead of answering our questions, so you had no right to speak

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Old Mar 29, 2015, 1:54 am
  #46  
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Originally Posted by Boggie Dog
A medical doctor can prescribe all manner of things other than controlled medicines.
Technically, that's a recommendation, not a prescription. Prescriptions are the things that require a medical and/or DEA license to make. (Counting nurse practitioner etc.)

You don't need a license to recommend juice, and a doctor doing so has no legal relevance.

The problem would be having TSA acknowledge the document. And I agree my medical history or needs are of no business of TSA's.
Exactly.
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Old Mar 29, 2015, 9:07 am
  #47  
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Originally Posted by saizai
Technically, that's a recommendation, not a prescription. Prescriptions are the things that require a medical and/or DEA license to make. (Counting nurse practitioner etc.)

You don't need a license to recommend juice, and a doctor doing so has no legal relevance.



Exactly.
I disagree, a doctor can prescribe things other than controlled drugs. Examples, assistive devices, vitamins, and supplementive nutrition. These things may not require a DEA number but they are prescribed non the less.
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Old Mar 29, 2015, 12:04 pm
  #48  
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Originally Posted by Boggie Dog
I disagree, a doctor can prescribe things other than controlled drugs. Examples, assistive devices, vitamins, and supplementive nutrition. These things may not require a DEA number but they are prescribed non the less.
Recommended, sure. But it's not a "prescription" in any strict sense — i.e. if you don't need the prescription / doctor's authority to get it.

This may include some non-drugs, but I was making a general point: I don't have or need a "prescription" from my doctor to get juice. They just say "well, it seems like it helps you, so you should keep it around". That's it.

Anyway: do you really want TSA goons reading (or validating) your prescriptions?

Their job is simple: scan the thing. If the scan is bad, rescan. If the scan is good, let it through.

What paper you have with you is irrelevant, unless it's some sort of validated prearrangement for actually dangerous but necessary items, like compressed oxygen cylinders, FAMs' weapons, etc. — in which case, again, they shouldn't be relying on some paper you present to them.
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Old Mar 29, 2015, 1:52 pm
  #49  
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Originally Posted by saizai
Recommended, sure. But it's not a "prescription" in any strict sense — i.e. if you don't need the prescription / doctor's authority to get it.

This may include some non-drugs, but I was making a general point: I don't have or need a "prescription" from my doctor to get juice. They just say "well, it seems like it helps you, so you should keep it around". That's it.

Anyway: do you really want TSA goons reading (or validating) your prescriptions?

Their job is simple: scan the thing. If the scan is bad, rescan. If the scan is good, let it through.

What paper you have with you is irrelevant, unless it's some sort of validated prearrangement for actually dangerous but necessary items, like compressed oxygen cylinders, FAMs' weapons, etc. — in which case, again, they shouldn't be relying on some paper you present to them.
There is little about TSA that I like.

If everyone presents with medical liquids over 3.4 ounces the checkpoints will crawl to a stop. TSA has failed to deploy equipment to test liquids so only faulty ETD testing is available. I don't want TSA validating my prescriptions but there has to be some standard of "medically necessary" and if that means a doctors prescription then so be it.

But you refuse to even agree that a doctor can prescribe non-controlled items. If a doctor prescribes a knee brace insurance may cover the cost with a doctors prescription because a doctor said it was medically required. Same concept with juices.

I am not in support of TSA liquid restrictions but the approach you are taking seems likely to fail. Show documented medical need and you will have some ground to stand on.
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Old Mar 29, 2015, 3:12 pm
  #50  
 
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Originally Posted by Boggie Dog
There is little about TSA that I like.

If everyone presents with medical liquids over 3.4 ounces the checkpoints will crawl to a stop. TSA has failed to deploy equipment to test liquids so only faulty ETD testing is available. I don't want TSA validating my prescriptions but there has to be some standard of "medically necessary" and if that means a doctors prescription then so be it.

But you refuse to even agree that a doctor can prescribe non-controlled items. If a doctor prescribes a knee brace insurance may cover the cost with a doctors prescription because a doctor said it was medically required. Same concept with juices.

I am not in support of TSA liquid restrictions but the approach you are taking seems likely to fail. Show documented medical need and you will have some ground to stand on.
First, the TSA's rules say if a passenger says it's a medical liquid, it's a medical liquid. Second, his approach has succeeded. If you read back up the thread to his response to me, the media got on this story, causing SFO to tell the clerks to follow the rules, and he hasn't had any problems at SFO since then.
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Old Mar 29, 2015, 5:22 pm
  #51  
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FWIW just on the SFO part, here's proof:

TSA scrambling to respond after it hits BoingBoing
Retraining email to all the TSMs etc re medically exempt liquids scenarios
Entire CAS SFO workforce retrained

I also talked to an SFO CAS manager who had actually addresesed me by name at the checkpoint because they recognized me from having seen the RightThisMinute segment. Got to talking about it. They told me that they thought it was pretty messed up, and personally retrained their subordinates the next day.

Also, that TSM Smith (the belligerent guy in my SFO video) no longer works for the TSA for some reason, dating from around the same time.

I did record that conversation, but haven't published the video (and don't have it readily available; it's in my archival disks).
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Old Mar 29, 2015, 5:31 pm
  #52  
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Originally Posted by Carl Johnson
First, the TSA's rules say if a passenger says it's a medical liquid, it's a medical liquid. Second, his approach has succeeded. If you read back up the thread to his response to me, the media got on this story, causing SFO to tell the clerks to follow the rules, and he hasn't had any problems at SFO since then.
A medical liquid subject to additional screening, that can be quantity limited by TSA, and can be refused clearance for little reason by any TSA screener.

The OP needs to leverage his strength position by taking steps to demonstrate an acknowledge need for his supplements.

As it is now, rules or not, seeking corrective action to a TSA policy or misapplication of that policy is nearly impossible. So why not take steps that might help a TSA screener make a favorable decision.
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Old Mar 29, 2015, 5:54 pm
  #53  
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Originally Posted by Boggie Dog
A medical liquid subject to additional screening, that can be quantity limited by TSA, and can be refused clearance for little reason by any TSA screener.
The first yes, and I welcome them to screen my liquids w/ the ETD & LCS machines. (In fact, I insist on it.)

The second two no — at least, not legally.

The OP needs to leverage his strength position by taking steps to demonstrate an acknowledge need for his supplements.

As it is now, rules or not, seeking corrective action to a TSA policy or misapplication of that policy is nearly impossible. So why not take steps that might help a TSA screener make a favorable decision.
My goal is to force them to obey the law, even if it's at the expense of getting through a single checkpoint more easily. I aim for longer term, and to protect everyone who isn't me too.
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Old Mar 29, 2015, 7:01 pm
  #54  
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Originally Posted by saizai
The first yes, and I welcome them to screen my liquids w/ the ETD & LCS machines. (In fact, I insist on it.)

The second two no — at least, not legally.



My goal is to force them to obey the law, even if it's at the expense of getting through a single checkpoint more easily. I aim for longer term, and to protect everyone who isn't me too.
I appreciate what you are trying to do but hold little hope that you will win the day. TSA has some law they can site too. If you lose this action it will be case law and will make it that more difficult for the next person. You're trying to beat government lawyers who have essentially unlimited funds in a government court without a legal team representing you. I wish you success.
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Old Mar 29, 2015, 8:45 pm
  #55  
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Originally Posted by Boggie Dog
I appreciate what you are trying to do but hold little hope that you will win the day. TSA has some law they can site too. If you lose this action it will be case law and will make it that more difficult for the next person. You're trying to beat government lawyers who have essentially unlimited funds in a government court without a legal team representing you. I wish you success.
On the SFO one at least, they've admitted fault on national TV, retrained staff, settled for $75k in a previous case (Armato v TSA, 2:2011cv02462) over breast milk, etc. That one should be an easy win.

On the BOS case, i'm looking for lawyers. Not because it's less meritorious (the opposite really), but because it's just a lot more complicated, with more claims involved, and thus more likely to be defended tooth and nail.

So far my lawsuits are just to get them to answer my complaints and cough up documents — basically, pre-litigation discovery and groundwork. It's been fruitful. It's setup for the main event, which is within ~5 months.
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Old Mar 29, 2015, 10:21 pm
  #56  
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Originally Posted by saizai
On the SFO one at least, they've admitted fault on national TV, retrained staff, settled for $75k in a previous case (Armato v TSA, 2:2011cv02462) over breast milk, etc. That one should be an easy win.

On the BOS case, i'm looking for lawyers. Not because it's less meritorious (the opposite really), but because it's just a lot more complicated, with more claims involved, and thus more likely to be defended tooth and nail.

So far my lawsuits are just to get them to answer my complaints and cough up documents — basically, pre-litigation discovery and groundwork. It's been fruitful. It's setup for the main event, which is within ~5 months.
Not that it matters but Armato was flying out of PHX when she had her problems. Find out who represented her.
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Old Mar 30, 2015, 3:01 am
  #57  
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Originally Posted by Boggie Dog
Not that it matters but Armato was flying out of PHX when she had her problems.
Correct. Matters mainly only in scope of a lawyer's practice, though I've been offered help by someone to sponsor pro hac vice applications by other lawyers (i.e. to practice

Find out who represented her.
That's easy; it's on the docket & filings:

2:11-cv-02462-ROS, D. Az. docket

Gregory Alyn Patton
Law Offices of Gregory A Patton
One Thomas Building
2828 N Central Ave., Ste. 1100 Phoenix, AZ 85004 602-234-1555
Fax: 602-234-1563
Email: [email protected]
TERMINATED: 08/06/2012

Robert A Mosier
Sanders Viener Grossman LLP - El Segundo, CA
2101 Rosecrans Ave., Ste. 3290
El Segundo, CA 90245 877-480-9142
Fax: 213-330-0298
Email: [email protected]
docket #1 - complaint

GREGORY PATTON, CA No. 128090; AZ No. 023398
ROBERT A. MOSIER, CA No. 164241, AZ No. 023375 2 LAW OFFICES OF GREGORY PATTON
One Thomas Building
2828 N. Central Avenue, Ste. 1100 Phoenix, AZ 85004
Telephone: (602) 234-1555
Fax (602) 234-1563
[email protected]
docket #45 - 2nd amended complaint

Robert Mosier, CA No. 164241, AZ No. 023375
HODES MILMAN LIEBECK MOSIER, LLP 1 E. Washington Street, Suite 500
Phoenix, AZ 85004
Telephone: (602) 277-5212
Fax: (602) 288-6981
[email protected]
url=https://drive.google.com/open?id=0BzmetJxi-p0VOTdrMDNIS25kbjg]docket #143 - Notice of settlement[/url]

Robert A. Mosier, AZSBN 023375 CASBN 164241
SANDERS VIENER GROSSMAN, LLP.
2101 Rosencrans Avenue, Suite 3290 El Segundo, CA 90245
Tel: (949) 233-7002 (direct)
Fax: (602) 288-6981
Email: [email protected]
They're on my list of people to contact.

("Terminated" means on this case; presumably Stacey Armato switched lawyers. Don't know why.)

ETA: Added links.

While I'm at it, here's my collection of TSA documents — including lawsuits (other than mine, which I have filed differently), internal documents, audits, leaked documents, etc:

https://drive.google.com/folderview?...VpUmJycWc#list

It includes a bunch of the documents from the Armato case. (I had to pay for them on PACER, so not everything.)

If you have anything I don't, email it to me and I'll add it. (I prefer versions w/ PACER headers if possible, so I can tag it accurately.)

Last edited by saizai; Mar 30, 2015 at 3:10 am
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Old Mar 30, 2015, 3:49 am
  #58  
 
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Originally Posted by saizai
FWIW just on the SFO part, here's proof:

TSA scrambling to respond after it hits BoingBoing
Retraining email to all the TSMs etc re medically exempt liquids scenarios
Entire CAS SFO workforce retrained

I also talked to an SFO CAS manager who had actually addresesed me by name at the checkpoint because they recognized me from having seen the RightThisMinute segment. Got to talking about it. They told me that they thought it was pretty messed up, and personally retrained their subordinates the next day.

Also, that TSM Smith (the belligerent guy in my SFO video) no longer works for the TSA for some reason, dating from around the same time.

I did record that conversation, but haven't published the video (and don't have it readily available; it's in my archival disks).
I wouldn't publish that conversation or reveal the source of that knowledge.

Revealing internal discipline details such as firing for cause, to any member of the public or the media, is undoubtedly prohibited by TSA. Anyone who does so, especially if they embarrass the agency, is likely to lose their job. The info may not be SSI, but any government employee who speaks to the public and reveals internal info without authorization from above is typically subject to discipline themselves.
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Old Mar 30, 2015, 4:16 am
  #59  
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Originally Posted by WillCAD
I wouldn't publish that conversation or reveal the source of that knowledge.
I'm holding it in reserve for negotiation w/ CAS.

I don't believe that the supervisor said anything that was SSI or otherwise inappropriate. E.g. they did not say why Smith no longer works for TSA.
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Old Mar 30, 2015, 7:44 pm
  #60  
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Originally Posted by jkhuggins
By that logic, we should all be required to strip naked and be inspected before being allowed to board a commercial aircraft. After all, it would be even more difficult to conceal something in that situation, right?
That's why they had the detailed scanners. So this wouldn't be necessary.


Originally Posted by jkhuggins
The question is not whether or not such inspections help TSA keep weapons off an aircraft. The question is where one draws the line between security and privacy. Reasonable people can have reasonable differences regarding which procedures go 'too far'.
Well, it's not THE question, but it's certainly one of the questions, and a perfectly valid one. And, yes, reasonable people can disagree. What happens the first time that someone gets a weapon on board a plane which would have been picked up by the scanners which give the more detailed image, but was missed by the dumbed down scanners currently in use? What do you say to the surviving families? That your father/mother/son/daughter/etc. was sacrificed in the furtherance of protecting our freedom? I'm glad that I'll never be the one who has to answer that question.


Originally Posted by WillCAD
I for one will be happy to reserve final judgement on this story until the c/p video is posted.
I completely agree. I want the unedited video, though.


Originally Posted by WillCAD
I resent being forced to show my papers, please and submit to any questioning by uniformed, badged, federal government employees who are presented as law enforcement when they are not, merely to exercise my Constitutionally-protected right to freedom of movement within my own damn country's borders.
You/We have the right to freedom of movement, but not the right to movement by any specific type of conveyance.


Originally Posted by WillCAD
I'm required to show the BP to gain entry into the sterile area and although I'm not legally required to show an ID document, I am required to verify my identity before entering, so I cut to the chase and show the ID document.
If you didn't show your ID, how would you verify your identity?


Originally Posted by WillCAD
Secondary screening when there is reasonable cause to escalate is not necessarily a violation of one's rights. However, escalation to secondary with no cause, ..., IS a violation of the 4th Amendment, as it constitutes an Unreasonable search.
What about random screenings?


Originally Posted by WillCAD
The argument that you can escape it by not flying, thus surrendering your Constitutionally-protected right to freedom of movement, is spurious at best.
No it's not. There are lots of ways to get from New York to Los Angeles. Sure, flying is the fastest way, but it's hardly the only way.


Originally Posted by WillCAD
Freedom isn't free. The price of freedom is RISK - risk that somewhere, sometime, someone will abuse their freedom and do harm to others. But taking away the freedom doesn't make you any safer. It only makes you less free.
I disagree. The more detailed scanners do make you safer. They are capable of finding and identifying potentially dangerous items which the dumbed-down scanners cannot.


Originally Posted by saizai
Actually, yes I did. See my sworn affidavit #1 (paragraphs 38-39) and my motion for PSJ #7. And TSA admitted it. See their docs #23 & 43 p. 5 fn 3.
Interesting. Putting your allegations in an accompanying affidavit does not suffice legally. You have to plead it in the Complaint. That said, I have not read all of the documents you provided. Where's the unedited video?


Originally Posted by saizai
I had changed my name the year before. Some of my meds were still in my old name, so I carried my old passport in the bag containing them, in case I needed to prove they're mine. In any case it's irrelevant to TSA; a passport isn't a weapon.
OK, I understand now. Good that you carried the old passport. I might also carry a certified copy of the court judgment changing your name.
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