Help with TSA litigation [consolidated thread]
#91


Join Date: Oct 2001
Location: OCONUS & UNDERWAY
Programs: Presidential Airways High Value Target, Catfish Air Flare, Hootch Honors Gold
Posts: 9,582
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.

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

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-
#92
Join Date: Oct 2014
Posts: 8
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!!
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!!
#93
Original Poster




Join Date: Dec 2010
Posts: 962
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.

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.
#94
Original Poster




Join Date: Dec 2010
Posts: 962

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.
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.
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.
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.
Last edited by saizai; Jan 26, 2016 at 9:47 am
#95




Join Date: Sep 2003
Location: Houston
Posts: 8,957
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.
#96
FlyerTalk Evangelist



Join Date: Jun 2005
Posts: 38,543
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.
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.
#97
Original Poster




Join Date: Dec 2010
Posts: 962
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.
It's understandable when you're trying to transport things that don't look like medical liquids.
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.
Last edited by saizai; Jan 26, 2016 at 8:05 pm
#98
Original Poster




Join Date: Dec 2010
Posts: 962
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.
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.
#99
FlyerTalk Evangelist



Join Date: Jun 2005
Posts: 38,543
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.
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.
#100
Join Date: Jun 2015
Location: MSP
Programs: Delta SkyMiles, AmEx, NorthWest WorldPerks, Jelly of the Month. S&H Green Stamps, Subway sub club
Posts: 1,754
Thank you for sharing.
Checking it out now.
ETA: Read it all. Very frustrating.
Checking it out now.
ETA: Read it all. Very frustrating.
Last edited by DaveBlaine; Jan 27, 2016 at 1:29 pm
#101
Original Poster




Join Date: Dec 2010
Posts: 962
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.
Last edited by essxjay; Feb 2, 2016 at 5:59 pm Reason: derogatory
#102
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,981
Not their business nor do they have the education to make such determinations.
Last edited by essxjay; Feb 2, 2016 at 5:59 pm Reason: reference to edited post
#103
FlyerTalk Evangelist


Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,343
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.
#104
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,981
What, TSA employees do something wrong? Say it ain't true!
Last edited by Boggie Dog; Jan 27, 2016 at 7:50 pm
#105
Join Date: Oct 2014
Posts: 8
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.

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.

