We had to wear those paper booties *over* shoes at a Level 3 datacenter I worked in. My employer and Level 3 fought over who would pay the medical bills when they caused me to slip and fall.
I would think that if I were to fall while trying to take off my shoes at a checkpoint then the airport would be up for a lawsuit. Which could work.
We have to realize that the only ones the TSA will listen to are the airlines and maybe the airport operators. I'm afraid we're going to have to bring our legal actions against them.