Plus, couldn't you argue the constitutionality on other grounds? They may have lost on the Fourth Amendment, but why not make an Eighth Amendment case that having to stand in a position you are unable to stand in or else be subject to the grope constitutes cruel and unusual punishment? Or else a case under ADA/Title IIV (probably the former) since it discriminates against the handicapped in some ways? Not nearly as compelling as a case regarding the Fourth, but could gain some momentum in the press at least.