The Definitive TSA Lawsuits Thread
Jul 15, 2011, 9:14 pm
#46
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Join Date: Sep 2007
Posts: 436
Eigth Amendment is no good because courts have ruled that if a measure is intended for the public safety rather than punishment, even if it has the effect of being punitive, it's not covered. There was a case I remember where sex offenders challenged being on sex offender lists for long times (often either 20 years or life) as cruel and unusual, but were denied since the intention was for public safety even though the effect was to ruin these people's lives (which sometimes may have been deserved and other times was an 18 year old kid caught with a 16 year old girlfriend). As best I know, ADA can't be invoked so long as they make reasonable accommodation, and if the TSA isn't "unreasonable" under the 4th, I can't see why they'd be unreasonable under the ADA. I mean hey, they even let that 95-year-old woman leave the checkpoint to change her Depends... if that isn't reasonable accommodation, I don't know what is! 
Anyway, the above is just my non-lawyerly opinion, but I think a lot of argument is left to be made under the 4th Amendment. In the district court we will have a lot more fight left! But, if you really want to add another amendment, the next best choice would be 5th Amendment (due process).
--Jon
Anyway, the above is just my non-lawyerly opinion, but I think a lot of argument is left to be made under the 4th Amendment. In the district court we will have a lot more fight left! But, if you really want to add another amendment, the next best choice would be 5th Amendment (due process).
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.
Last edited by Affection; Jul 15, 2011 at 9:20 pm
Jul 16, 2011, 12:27 pm
#47
Join Date: Dec 2010
Posts: 2,425
Mar 23, 2014, 7:17 pm
#49
Join Date: Dec 2010
Posts: 962