TSA vs ADA
 

Interesting article of using the ADA to force TSA to follow their own rules:

http://saizai.com/tsa

I actually support the Davis standard; I agree that the TSA should have a limited exemption for administrative searches narrowly tailored to the search for weapons or explosives (and not for e.g. drugs, money, juice, documents, etc). I agree that that very narrow scope of search is "reasonable", and that it doesn't require probable cause or suspicion.

However, in both of my incidents, there simply was no question of weapons or explosives. The SFO liquids had been thoroughly screened and were denied anyway; the BOS bags were x-rayed and then subjected to search of *documents*, which the TSA is forbidden from doing (see e.g. Aukai, Fofana, Bierfeldt).

The writer really appears to understand the injury/remedy process regarding ADA and Rehabilitation Act, and how to navigate the process.

Amazingly simple request... follow the law, and follow your own declared rules.

It'll be interesting to see where this goes.

I believe a national cooperative network of attorneys willing to take on TSA matters, even pro bono, could become a very powerful and well known group of people.

Saizai deserves to have his incident with SFO screeners and TSA employees reviewed by competent legal professionals. Unfortunately in America only the wealthy have real access to the courts.

I watched the whole thing and the longer I watched, the angrier I got. I was ready to scream. There is so much on which to comment, if I start I will not finish.

Ugh!

:mad::mad::mad::mad:

It boils down to a few simple questions.

Does TSA permit medical liquids or not?

Who determines if an item is medically required?

What basis is used to determine how much is enough?

If TSA makes such determination does the person making the decisions have the medical training to support that decision?

Will TSA, its employees, and its contractors be held accountable for all such decisions?

TSA should be forced to answer these questions under oath although the word of TSA and anyone working for TSA is worthless in my opinion

Ditto. Words fail me.

I'm almost to the point where I can no longer watch these videos.

Easily one of the most infuriating videos I have watched.

Passenger is speaking in calm, moderated tones.

Manager says 'can you calm down here'.

This is common tactic in my experience; I become even more calm, quiet, and exacting in my speech when stressed, yet I am often told to 'calm down' when I try and point out something (such as when I explain that I am medically unable to use the MMW, but am told that I am 'opting out')


Using that phrase makes it sound as if the passenger is behaving inappropriately, which isn't the case.

Clerks do this in order to trump up a charge of disrupting the screening process.

I am very impressed by Sai's calm refusal to back down in the face of such ridiculousness. So far, the most ridiculous part has been TSA letting him drink his liquids while they were otherwise continuing to treat them as dangerous.

I tried, but I can't let it go...

First of all, common sense should tell you that it would be easier for a guy with a visible tremor to drink from a narrow-mouthed bottle than a wide-mouthed cup. Has Mr. Smith never tried this while driving? (I know, I know, this is just one of many failures of common sense, and it may have been partially retaliatory to say, "Well, I'm not a doctor.")

Secondly, the specious discussion going on with the FSD about where the liquids were purchased. A short list of items that are medically necessary for people I've known that can be purchased at drugstores, etc.:

• whole milk (hypoglycemia)
• juice (diabetes)
• whale-drowning quantities of water, cranberry juice, or other beverages (urinary tract infections)
• gel ice packs (sprains, fractures, various acute and chronic soft tissue problems)
• microwaveable hot packs (various acute and chronic soft tissue injuries)

You may have noticed that all of the associated conditions are common as dirt. Granted, my definition of "medically necessary" includes "will prevent things from getting worse," not merely, "will prevent immediate death," which I suspect is what the TSA's is, if they've even thought it through. Also, "preventing things from getting worse" is a broad category that includes "not requiring hospitalization," "preventing the need for corrective or additional treatment," and "allowing the patient to be comfortable enough on his flight that he doesn't club the next obtuse TSA 'officer' he encounters over the head with his laptop in a pain-induced rage."

No, more ridiculous is that they let him (finally) drink from a paper cup but not from the bottle as he asked.

Exact same liquid but somehow it became less harmful when poured in a paper cup.

The whole evolution demonstrates just how FUBAR TSA, it's employees/contractors, and its policies are.

In the comments on the BoingBoing article about the experience, it looks like Marc Randazza has volunteered to represent.

Mr. Randazza would be the attorney who wrote the epic letter in response to TSA employee Thedala Magee's threat to sue over Amy Alkon's use of the word "rape" in conjunction with her TSA screening.

I need to stock up on popcorn and beer. This should prove interesting.

Good for this one incident but the public is in a very weak position when it comes to fighting TSA. A nationwide cooperative group of attorneys willing to help the public fight back would be a breath of fresh air.

Good catch. If Randazza gets involved, this could get very interesting. I wouldn't want anyone else in my corner.

Completely unsurprising, given that the TSA itself exists because of a lack of common sense.