One of our fellow members reports to have received the enhanced pat down at SFO when refusing the scanner.
See here:
http://www.flyertalk.com/forum/12491697-post82.html
In my eyes this is an abuse of the standard procedure. According to the TSA the enhanced pat down will only be used if other methods have failed to resolve the alarm. See link in first post of this very thread.
That means if you refuse the MMW/BWI scanner, they should give you a WTMD (walk through metal detector). If that gives an alarm you should be given the opportunity to check your pockets or explain that you have a steel shin. If that doesn't solve it, you should get a normal pat down. If that still doesn't solve it, you should finally get the enhanced pat down.
If there is no alarm, they should just let you go on your merry way. Their argument is probably that the BWI provides increased security. It's alternative and equivalent is the enhanced pat down. Personally, I don't agree and find both methods too invasive. However, I'd rather go for an enhanced pat down and have them make a mistake so I can throw sand in their gears. It also takes more manpower and I am sure no biometric measures are connected to my file.
Using the enhanced pat down as retaliation or equivalent to the scanner without giving you less invasive methods before is an abuse, in my eyes.
What do you think? Legal opinions? Personal opinions?
Till