Originally Posted by
nhcowboy
The question is, by whom? What I've said is that you do not have the authority to stop me from boarding the plane, and neither, for that matter, does a LEO - at least not if the sole basis for the detention is the regulatory provision cited earlier.
As I stated previously, if all you're relying on is that regulation, this remains a private matter between me and the airline. And, although you may well be able to influence what the airline does, the airline's decision is also, ultimately, outside your control. In other words, if the airline got fed up with your gate antics and told passengers to just ignore you and board the plane, what could you do about it? Could you detain the passengers? Could you detain the plane?
Actually, we do have the authority. We can instruct the airline that a particular passenger is not finished with the screening process and at that point the airline is no allowed to let that passenger board. The airline is required by law to complg with TSA regulations. If a gate agent were to incorrectly let a passenger board at that time, we can actually stop the plane from departing. It's pretty simple.
And I'm not talking a physical act of restraint on TSAs part; if needed that would come from the LEOs.
This is federal regulation which has the weight of law.
I can cite numerous court decisions that once screening has begun, it must be completed. Gate screening is part of the screening process.