TSA: you objected instead of answering our questions, so you had no right to speak
#46
Original Poster
Join Date: Dec 2010
Posts: 962
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.
#47
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,099
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.
You don't need a license to recommend juice, and a doctor doing so has no legal relevance.
Exactly.
#48
Original Poster
Join Date: Dec 2010
Posts: 962
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.
#49
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,099
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.
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.
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.
#50
Join Date: Feb 2007
Location: SEA
Programs: Delta TDK(or care)WIA, Hilton Diamond
Posts: 1,869
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.
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.
#51
Original Poster
Join Date: Dec 2010
Posts: 962
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).
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).
#52
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,099
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.
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.
#53
Original Poster
Join Date: Dec 2010
Posts: 962
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.
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.
#54
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,099
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.
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.
#55
Original Poster
Join Date: Dec 2010
Posts: 962
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 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.
#56
FlyerTalk Evangelist
Join Date: Mar 2008
Location: DFW
Posts: 28,099
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.
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.
#57
Original Poster
Join Date: Dec 2010
Posts: 962
Find out who represented her.
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]
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]
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]
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]
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]
("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
#58
Join Date: Nov 2010
Location: Baltimore, MD USA
Programs: Southwest Rapid Rewards. Tha... that's about it.
Posts: 4,332
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).
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).
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.
#59
Original Poster
Join Date: Dec 2010
Posts: 962
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.
#60
FlyerTalk Evangelist
Join Date: Jan 2007
Location: BOS/UTH
Programs: AA LT PLT; QR GLD; Bonvoy LT TIT
Posts: 12,753
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.
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.