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-   -   Help with TSA litigation [consolidated thread] (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1737785-help-tsa-litigation-consolidated-thread.html)

Bouncer Jan 26, 2016 8:24 am

I just want to say thank you to Saizai for actually fighting the monster that is the litigation arm of any USG Agency and forcing the USG to actually be accountable for their own words to the People of the United States.

This is the picture that best describes their efforts in my mind.

https://s-media-cache-ak0.pinimg.com...a879eefcb0.jpg

I am seriously impressed by their tenacity and willingness to fight for our rights. Should we ever meet, their drinks are on me.

Regards,
-Bouncer-

mnyakko Jan 26, 2016 9:15 am

Sai,
You are my hero. I have long been wanting to be the guy that is the trial case against TSA for whatever their latest B.S. rulings are. Boy, I wish I could be the guy that challenges the mandatory Super Scanners rule. I just cannot afford the legal battle (or the potential loss of my job) and would have to find someone with the patience to see the feet-dragging process through.

Keep up the good fight!!

saizai Jan 26, 2016 9:24 am


Originally Posted by petaluma1 (Post 26082912)
Maybe current screening doesn't damage your liquids, Saizai, but what about when the TSA demands that parents open sealed liquids/food for infants and young children? By requiring that sealed containers be opened, TSA is allowing those containers to be susceptible to contamination.

I spoke very precisely. ;)

TSA's policy is that they use LCS + ETD swab (not gas) for sealed containers, without opening them, and ETD gas for opened containers (holding the little strip above them).

If the container is not opened, or if it was already unsealed and just re-opened briefly without newly breaking a seal, then it doesn't realistically harm most juice etc. Personally I have no objection to the outside being ETD swabbed, to an unsealed container being opened briefly, or to a sealed container being put in an LCS machine. And that's what has been done with my liquids when they agreed to screen it at all.

I am very much aware that TSA does not always obey its own policy. That's happened to me, pretty seriously. And I don't believe they would commit to that policy in court. However, nothing outside of it has happened to me, and I'm limited in litigation to things that have happened to me (because standing).

Besides, the more central question is the fact that TSA actually refuses to screen liquids that it is perfectly capable of screening unless they first interrogate you about your medical situation. And then they refuse to let you board with liquids that have already been screened.

PS My name is Sai; saizai is my handle, not my name.

saizai Jan 26, 2016 9:35 am


Originally Posted by Bouncer (Post 26083342)
I just want to say thank you to Saizai for actually fighting the monster that is the litigation arm of any USG Agency and forcing the USG to actually be accountable for their own words to the People of the United States.

You're welcome. :)

Also, thank you for using gender neutral pronouns. Yay they. (FYI, my name is Sai; saizai is my handle.)


This is the picture that best describes their efforts in my mind.
Heee. That's terribly cute. -Source?-

Source: http://begemott.deviantart.com/art/s...reams-42197587
Info: http://www.themarysue.com/teddy-bear-movie-followup/


Should we ever meet, their drinks are on me.
I do love good hot chocolate…


Originally Posted by mnyakko (Post 26083609)
I have long been wanting to be the guy that is the trial case against TSA for whatever their latest B.S. rulings are.

You realize that to be the trial case, you also have to have been seriously messed with (preferably multiple times) in a way that harms you? It's true of my experience, but that's rare. Perhaps I'm simply more unwilling than most to let them violate my rights; perhaps I'm just a more likely target for whatever reasons. Still… a dubious honor, at best. :P


Boy, I wish I could be the guy that challenges the mandatory Super Scanners rule. I just cannot afford the legal battle (or the potential loss of my job) and would have to find someone with the patience to see the feet-dragging process through.
FWIW, the cost per se is roughly $500. ($400 district court filing fee + random misc) Double that if it goes to an appeals court too. Add many thousands if you want a lawyer.

So far I've been doing it myself (aka pro se), though I'm trying to get the court to give me a lawyer. TBD how that turns out.

ND Sol Jan 26, 2016 4:51 pm

Think of those that have to check bags and pay the checked bag fee for the sole reason that the amount of liquids they want to transport is greater than what TSA permits in carry-ons. The damages are equal to the amount of the checked bag fee.

Loren Pechtel Jan 26, 2016 6:23 pm


Originally Posted by saizai (Post 26083651)
If the container is not opened, or if it was already unsealed and just re-opened briefly without newly breaking a seal, then it doesn't realistically harm most juice etc. Personally I have no objection to the outside being ETD swabbed, to an unsealed container being opened briefly, or to a sealed container being put in an LCS machine. And that's what has been done with my liquids when they agreed to screen it at all.

Yeah, I have no problem with any of these. The problem comes when they demand opening of a sterile container or demand opening of something that can't be closed again. (I've carried the latter through the checkpoints--but in an obviously-medical box with a prescription label on it. It was packed in single-dose form, normally you only opened it to take it, thus there was no reason for the manufacturer to provide any means of closing it.) This was before the liquid insanity and I realized the x-ray couldn't see it anyway.


Besides, the more central question is the fact that TSA actually refuses to screen liquids that it is perfectly capable of screening unless they first interrogate you about your medical situation. And then they refuse to let you board with liquids that have already been screened.
It's understandable when you're trying to transport things that don't look like medical liquids.

saizai Jan 26, 2016 7:54 pm


Originally Posted by ND Sol (Post 26086191)
Think of those that have to check bags and pay the checked bag fee for the sole reason that the amount of liquids they want to transport is greater than what TSA permits in carry-ons. The damages are equal to the amount of the checked bag fee.

Hm, I hadn't thought of that. You make an interesting point.

One would have to show that the bag in question would not have been checked had it not been for the liquids policy, and that it was charged for. That might be more difficult, especially when we're talking about millions of claims.

Also, I would need someone to represent that class as a co-plaintiff, since it hasn't happened to me.


Originally Posted by Loren Pechtel (Post 26086541)
The problem comes when they demand opening of a sterile container or demand opening of something that can't be closed again.

Agreed. They've tried to do this with me several times, but always backed down when I objected.


It's understandable when you're trying to transport things that don't look like medical liquids.
Could you elaborate? Not sure what you're talking about.

To be clear, my position is that anyone, regardless of disability, should be able to take any amount of any liquids with them — so long as TSA is physically capable of screening it and it's not WEI.

So to my view it should not matter whether or not it looks like a medical liquid at all, unless we're talking about things like compressed oxygen which are actually dangerous but medically necessary anyway.

saizai Jan 27, 2016 6:21 am

Video, documents, etc from my BOS incident are now up
 
https://s.ai/tsa/legal/bos/

The BDOs selected me because I was mute and wearing a satirical shirt; they screened me for ~40m looking almost exclusively at my prescription labels, notes, checkbook, books, etc; they ripped paper out of my hands (literally depriving me of speech) in admitted retaliation for my protesting the illegality of their search and refusing to answer questions.

(The admission can be found both in the BDOs' notes and TSA's formal response to my complaint & appeal.)

I'm probably never going to manage to get around to making an actual edited video, so I've put up what I have. That includes the video, BDOs' notes, my notes, complaint, post-litigation response, appeal, & appeal response. At some point I'll try to condense it there as well, but I don't really have the energy to do so now and likely won't for a while. :-/ Hopefully the complaint & appeal are pretty straightforward.

Feel free to share etc however you like; just give a link to the page above.


See link for full, uncut video.

Loren Pechtel Jan 27, 2016 1:00 pm


Originally Posted by saizai (Post 26086961)
Could you elaborate? Not sure what you're talking about.

To be clear, my position is that anyone, regardless of disability, should be able to take any amount of any liquids with them — so long as TSA is physically capable of screening it and it's not WEI.

So to my view it should not matter whether or not it looks like a medical liquid at all, unless we're talking about things like compressed oxygen which are actually dangerous but medically necessary anyway.

Orange juice for a diabetic etc.

DaveBlaine Jan 27, 2016 1:13 pm

Thank you for sharing.

Checking it out now.

ETA: Read it all. Very frustrating.

saizai Jan 27, 2016 1:56 pm


Originally Posted by Loren Pechtel (Post 26090887)
Orange juice for a diabetic etc.

Like mine, then. Sure. That's part of the reason I want it abolished; I think it's grossly inappropriate for screeners wanting to exert their authoritay to interrogate me about what is or isn't medical, or to make determinations thereof. None of their damn business.

Boggie Dog Jan 27, 2016 3:18 pm


Originally Posted by saizai (Post 26091253)
Like mine, then. Sure. That's part of the reason I want it abolished; I think it's grossly inappropriate for screeners wanting to exert their authoritay to interrogate me about what is or isn't medical, or to make determinations thereof. None of their damn business.

Not their business nor do they have the education to make such determinations.

FliesWay2Much Jan 27, 2016 3:50 pm

Beyond disgusting. The SPOTNiks went on a fishing expedition because they said you didn't answer their questions. I noted their use of "small talk" as an interrogation technique. They rubbed your nose in both the 4th and 5th Amendments at the same time.

Boggie Dog Jan 27, 2016 4:05 pm


Originally Posted by FliesWay2Much (Post 26091792)
Beyond disgusting. The SPOTNiks went on a fishing expedition because they said you didn't answer their questions. I noted their use of "small talk" as an interrogation technique. They rubbed your nose in both the 4th and 5th Amendments at the same time.

What, TSA employees do something wrong? Say it ain't true!

mnyakko Jan 27, 2016 4:35 pm


Originally Posted by saizai (Post 26083703)
You're welcome. :)
You realize that to be the trial case, you also have to have been seriously messed with (preferably multiple times) in a way that harms you? It's true of my experience, but that's rare. Perhaps I'm simply more unwilling than most to let them violate my rights; perhaps I'm just a more likely target for whatever reasons. Still… a dubious honor, at best. :P

FWIW, the cost per se is roughly $500. ($400 district court filing fee + random misc) Double that if it goes to an appeals court too. Add many thousands if you want a lawyer.

So far I've been doing it myself (aka pro se), though I'm trying to get the court to give me a lawyer. TBD how that turns out.

I realize that. Being messed with is not an issue. I can take that. The cost of doing it is prohibitive for me. Outside of the cost, though, I would be willing.


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