Originally Posted by
TSORon
Lets start here:
“Section 1540.105(a)(2) simply states that persons may not enter the sterile area without complying with the systems, measures, or procedures being applied to control access to that area. TSA's identification requirement is one such system, measure or procedure that is used to determine who is permitted to access the sterile area.”
(
http://blog.tsa.gov/2008_08_04_archive.html) A TSA blog entry from 2008 you might notice. Just how long is this poor horse going to be beaten anyway? While there, read the rest of that post, its quite illuminating.
One of those “systems, measures, or procedures being applied to control access” is requiring that a passenger provide the TDC with an ID. And ID from a fairly extensive list of those available to the general public.
The link below has a very interesting discussion about the subject and past/current cases in the courts.
http://congressionalresearch.com/RL3...ty+Regulations
Additionally, there is a fairly good case that was presented in 2002 by a gentleman to the 9th Circuit (
http://en.wikisource.org/wiki/Gilmore_v._Gonzales) that I found an interesting read.
And I to yours.
So, your basic reasoning is that the CFR says, "security requirements are whatever TSA says...", and since TSA says that ID is a security requirement, that makes it legal, Constitutional, and hunky-dory.
Gotcha...