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Originally Posted by saizai
(Post 26031627)
OP ETA: Filed.
It asks for quite a lot of records but, IMHO, quite reasonably described — enough to be able to easily find responsive records. (That category includes virtually everything releasable at all, but I figured I might as well not hold back this time.) Includes all TSA policy & procedure, SEA incident related records, AIT, ETD & patdown testing, etc etc. etc. It's … comprehensive. v. all history of similar complaints any TSA, against any TSA, Logan police, and/or Logan Airport agent I assume Logan refers to BOS airport? |
Originally Posted by KDS
(Post 26031788)
Sai, I think there is a copy/paste error in the filing. On page 2, in the section asking for information from the SEA incident, I find this:
v. all history of similar complaints any TSA, against any TSA, Logan police, and/or Logan Airport agent I assume Logan refers to BOS airport? Won't bother fixing it since it doesn't seem to hurt the request any to leave it in. Please LMK if anything else is messed up. |
Originally Posted by Himeno
(Post 26030537)
Wouldn't that just make it more likely for more courts to want to slap them down?
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Originally Posted by Loren Pechtel
(Post 26032998)
The courts have been bending over backwards to avoid actually doing anything to the TSA. Why should we expect anything different going forward?
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Originally Posted by Loren Pechtel
(Post 26032998)
The courts have been bending over backwards to avoid actually doing anything to the TSA. Why should we expect anything different going forward?
"The Agency Defendants [including the TSA] shall respond to Plaintiff's [Sai's] administrative complaint regarding the incident at San Francisco International Airport on or before January 22, 2016." The court ordered the TSA to do something, and the motion to dismiss the case was denied (in part). Well done. |
Originally Posted by Himeno
(Post 26031346)
Wasn't it deployed after the xmas 09 "underwear bomber" though tested before?
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never mind, not worth the rant
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"Section 504 does not entitle the qualified individual to the precise accommodation he or she seeks, only to some reasonable one." by reiterating that you were not seeking any unique, individual accommodation but rather what the clear, unambigous, explicit language of their own policy stated you were entitled to have? Namely, medical liquids in sufficient quantity for the reasonable duration of your travel. |
Originally Posted by GaryD
(Post 26033978)
You do realize that the United States District Court for the District of Columbia granted (in part) Sai's motion for summary judgment, on December 15, right?
"The Agency Defendants [including the TSA] shall respond to Plaintiff's [Sai's] administrative complaint regarding the incident at San Francisco International Airport on or before January 22, 2016." The court ordered the TSA to do something, and the motion to dismiss the case was denied (in part). Well done. |
Originally Posted by T-the-B
(Post 26037546)
This is a question, not a criticism. Why not respond to
"Section 504 does not entitle the qualified individual to the precise accommodation he or she seeks, only to some reasonable one." by reiterating that you were not seeking any unique, individual accommodation but rather what the clear, unambigous, explicit language of their own policy stated you were entitled to have? Namely, medical liquids in sufficient quantity for the reasonable duration of your travel.I claim they have no right to stop anyone from traveling with however much they want, when it's distinguishable from WEI or (not and) medically necessary. I rejected the fundamental basis of their claim for needing an individualized decision. They can change their own policy, so debating whether or not their (now probably former) policy allows it or not is moot. I'm going after the legality of the policy itself. ETA: To put it another way: I categorically reject both the idea that I can be limited to an amount necessary for travel — that was their argument — and that smurfs have any ability whatsoever to determine how much is necessary. I did not ask what you said because doing so would play into their baseless claim.
Originally Posted by Loren Pechtel
(Post 26037975)
Sure, they'll grant meaningless things. Where's the enforcement, though?
a) everyone is entitled, enforceably, to get a timely response under the Rehabilitation Act (they claimed that yes they violated it but I can't make them) b) agency delay of 2.75 years according to their own regulation is per se "unreasonable" This step of enforcement was to get their answer. Next step, once I get the appeal response, will be to sue them for the policy itself. |
Originally Posted by saizai
(Post 26038424)
They claimed that they're changing the policy because they purport they have a right to stop people from traveling with more liquids than is "necessary" for a flight.
I claim they have no right to stop anyone from traveling with however much they want, when it's distinguishable from WEI or (not and) medically necessary. I rejected the fundamental basis of their claim for needing an individualized decision. They can change their own policy, so debating whether or not their (now probably former) policy allows it or not is moot. I'm going after the legality of the policy itself. ETA: To put it another way: I categorically reject both the idea that I can be limited to an amount necessary for travel — that was their argument — and that smurfs have any ability whatsoever to determine how much is necessary. I did not ask what you said because doing so would play into their baseless claim. It's not meaningless to get precedent that a) everyone is entitled, enforceably, to get a timely response under the Rehabilitation Act (they claimed that yes they violated it but I can't make them) b) agency delay of 2.75 years according to their own regulation is per se "unreasonable" This step of enforcement was to get their answer. Next step, once I get the appeal response, will be to sue them for the policy itself. tso Patterson at @flyLAXairport said he decides how much milk my infant can drink while traveling. tso Patterson threatened us and said we could not fly so we ended up having to call @LAAirportPD |
Originally Posted by petaluma1
(Post 26042118)
Just yesterday on Twitter there was a report of a clerk who told a passenger:
Also a report of TSA throwing away a toddler's bottle. My litigation from the SFO incident is aimed at the heart of this: the notion that TSA has any right to limit people to medical liquids or necessary amounts begin with, or ability to assess medical necessity even if it had the right to. I am not and have never been interested only in relief that makes things better for me; let's face it, I have a pretty rare condition. If I win, this dies. Yes, it's taken me 3 years to get this far — formal response — and that's just one step. But I don't plan on stopping any time soon. They messed with the wrong person, too many times. I look forward to adding this to my trophy collection. :D |
It is very sad that TSA basically blames Sai. In its response TSA admit that 504 applies, admit Sai was denied his liquids; but then blames Sai.
TSA blame Sai for taking TSA at it published words that there is no size restriction. TSA blames Sai for him not being reasonable. TSA suggests that its agents were reasonable and were trying to reach a meaningful accommodation, but SAI was the one who hampered the accommodation. |
I'm traveling on Sunday so I'll keep my eyes open.
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Originally Posted by gingersnaps
(Post 26042964)
It is very sad that TSA basically blames Sai. In its response TSA admit that 504 applies, admit Sai was denied his liquids; but then blames Sai.
TSA blame Sai for taking TSA at it published words that there is no size restriction. TSA blames Sai for him not being reasonable. TSA suggests that its agents were reasonable and were trying to reach a meaningful accommodation, but SAI was the one who hampered the accommodation. |
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