TSA Fights Airport Body Scan Lawsuit
Joe Cortez December 30, 2015
PITTSBURGH - NOVEMBER 24: A male traveler submits to a full body scan before heading to his flight at Pittsburgh International Airport November 24, 2010. Lines at the airport TSA checkpoints proceeded swiftly despite increased travel during the Thanksgiving holiday. (Photo by Jeff Swensen/Getty Images)
Response pushes back against a lawsuit on a new policy compelling flyers to go through body scanners at airports.
The Transportation Security Administration is requesting the dismissal of a lawsuit against the new mandatory body scanning policy, claiming the public has not been harmed. In a 13-page court filing obtained by Forbes, an attorney for the Department of Justice is requesting the lawsuit be brought to a halt by the First Circuit Court of Appeals.
The attorneys representing the TSA are responding to an emergency preliminary injunction and temporary restraining order filed by an individual identified as “Sai.” In his original motion, Sai claimed that the TSA “violated the APA by promulgating a de facto regulation that, under completely unspecified circumstances, mandates travelers to submit to electronic strip searches.”
In the government response, the TSA claims that the implementation of the new policy without a notice-and-comment rule making period is not unlawful. Next, the TSA claims that being compelled to use the body scanners at airports “would not constitute irreparable injury.” Finally, the TSA claims that their new policy is implemented with public safety as the focus.
“The balancing of equities and the public interest weigh heavily against injunctive relief,” U.S. attorney Sharon Swingle wrote on behalf of the TSA. “Given the substantial risk to the public that would result from preventing TSA from requiring AIT screening for a limited number of passengers who, in the expert judgment of the agency, pose a potential threat to aviation security.”
In a subsequent filing, Sai responded that the new policies would lead to being “unlawfully selected” to go through a body scanner. As a result, the flyer claims it would be a violation of his constitutional freedoms.
“Accordingly, the public interest and balance of equities weigh solidly in favor of granting Petitioner’s motion for preliminary injunction,” Sai wrote in his subsequent response. “And protecting the civil rights of the millions of travelers subject to TSA’s policies.”
Other opponents of the body scanning policies include the Electronic Privacy Information Center. Both responses are now in front of a judge, with a ruling pending.
[Photo: Jeff Swensen/Getty Images]
Do you also want to do the same when you go to a Restaurant, a Theater, Board a Train, Watch a Marathon,Visit a Sky Viewing Lounge at a Tall Building, visit a school, Go to The Movies or maybe just Invade an Innocent County.
I would rather go through a full body scanner and pat down than have someone blow up the plane. m44 needs to put on his tin-foil hat.
"in the expert judgment of the agency" hahahahahahahaha
FDA did not approve this high energy scanner that has ability to penetrate human skin, eyes and tissue. This high energy scanner qualifies as medical device used for non-medical purposes without prescription. There is plenty of proof that TSA ideas about safety - and in particular human health safety are total hogwash. Even though we are expose to natural radiation of all sorts - adding to it focused additional radiation. All radiation has cumulative effect on human body. Why would we do it to ourselves. Remember TSA claimed scattered X-ray are good for you. Remember X-ray machines in shoes stores to prove that the shoe fits on your kid. Remember hundreds of soldiers exposed to trail explosions of A-bomb. Why nobody makes health arguments anymore.