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Diminished mental capacity not Pre eligible

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Old May 25, 2016 | 1:42 pm
  #16  
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Originally Posted by Boggie Dog
https://www.dol.gov/general/topic/disability/ada




If a person with diminished capacity is excluded from Pre Check flat out based only on that term then I think that might be considered an unfair discrimination. Not taking into account the persons ability to meet other requirements of Pre Check limits that persons access to public transportation and government activities.
I'm not a lawyer, but...
1) The ADA doesn't apply to all branches of federal government. I'm unsure of whether it applies to the TSA.

2) They're not being denied access to transportation, they're just being directed to a different security checkpoint.

3) The ADA doesn't apply to air carriers, though it's not clear this would be an air carrier issues but rather a TSA issue. Still, airlines are bound by the Air Carrier Access Act.
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Old May 25, 2016 | 1:58 pm
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Good discussion. Hope they're having it at TSA HQ. Happy to send OP if they want a Voice of the People.

chgoeditor has seized on the likely logic, although where to draw the line (IQ 60?70? 80? 90? undocumented?) and ADA are the obvious counter-concerns.

Minors is a red herring (unless traveling alone) as they're under the supervision of an adult. And whoever thinks vets with PTSD are walking around with mastery of IED-building probably needs to meet more vets.
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Old May 25, 2016 | 2:04 pm
  #18  
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Originally Posted by chgoeditor
I'm not a lawyer, but...
1) The ADA doesn't apply to all branches of federal government. I'm unsure of whether it applies to the TSA.

2) They're not being denied access to transportation, they're just being directed to a different security checkpoint.

3) The ADA doesn't apply to air carriers, though it's not clear this would be an air carrier issues but rather a TSA issue. Still, airlines are bound by the Air Carrier Access Act.
They are being denied the same access based only on an undefined term that TSA put in an application. I think it would be an interesting bit of discovery if it ever went that far.
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Old May 25, 2016 | 2:17 pm
  #19  
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Originally Posted by Boggie Dog
Seems like an ADA violation.
A Twitter poster name "Al_Ames94" encouraged the person to file a discrimination complaint with the DHS IG.
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Old May 25, 2016 | 2:30 pm
  #20  
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Originally Posted by FliesWay2Much
A Twitter poster name "Al_Ames94" encouraged the person to file a discrimination complaint with the DHS IG.
Not sure who that is but the name seems familiar.
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Old May 25, 2016 | 3:08 pm
  #21  
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Originally Posted by chollie
OK, but by that 'logic', no infants or very young children should be allowed Pre access, because their limited mental capacities mean they might be used by someone with nefarious intent.

I wonder if this disqualifies vets who have been diagnosed with PTSD?
Well, if we're using "propensity to commit terrorist acts" as the criteria for PreCheck or not, then there's a good argument to bar all current and former members of the US armed forces from PreCheck, since they are statistically more likely to commit a terrorist act on US soil than the US population at large. Of course, the numbers are miniscule, but there's certainly no reason to give members of the military and veterans any ADVANTAGE when it comes to PreCheck.
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Old May 25, 2016 | 3:11 pm
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Originally Posted by Boggie Dog
Not sure who that is but the name seems familiar.
Presumably they don't have Twitter access at the United States Penitentiary, Allenwood.
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Old May 25, 2016 | 3:15 pm
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Originally Posted by cestmoi123
Well, if we're using "propensity to commit terrorist acts" as the criteria for PreCheck or not, then there's a good argument to bar all current and former members of the US armed forces from PreCheck, since they are statistically more likely to commit a terrorist act on US soil than the US population at large. Of course, the numbers are miniscule, but there's certainly no reason to give members of the military and veterans any ADVANTAGE when it comes to PreCheck.
Wasn't that basically Janet Napolitano's reasoning when she put members of the armed forces on some kind of watch list?
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Old May 25, 2016 | 3:16 pm
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Originally Posted by FliesWay2Much
A Twitter poster name "Al_Ames94" encouraged the person to file a discrimination complaint with the DHS IG.
BIG
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Old May 25, 2016 | 4:16 pm
  #25  
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Originally Posted by cestmoi123
Well, if we're using "propensity to commit terrorist acts" as the criteria for PreCheck or not, then there's a good argument to bar all current and former members of the US armed forces from PreCheck, since they are statistically more likely to commit a terrorist act on US soil than the US population at large. Of course, the numbers are miniscule, but there's certainly no reason to give members of the military and veterans any ADVANTAGE when it comes to PreCheck.
Why would a member or former member of the military be more likely to commit a terrorist act on US soil? Evidence please. And about 25% of TSA is composed of former military members. Does that mean that we are likely to have a TSA employee commit that terrorist act?

As a former military member I find your statement to be very distasteful!
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Old May 25, 2016 | 4:34 pm
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Originally Posted by Boggie Dog
Why would a member or former member of the military be more likely to commit a terrorist act on US soil? Evidence please.

This 2009 report addressed the risk of returning veterans becoming terrorists. Timothy McVeigh was a Gulf War veteran.

http://fas.org/irp/eprint/rightwing.pdf
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Old May 25, 2016 | 5:43 pm
  #27  
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Originally Posted by cestmoi123
Presumably they don't have Twitter access at the United States Penitentiary, Allenwood.
You never know... There is a lot of fundamental transforming going on these days.
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Old May 25, 2016 | 7:02 pm
  #28  
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Originally Posted by jphripjah
This 2009 report addressed the risk of returning veterans becoming terrorists. Timothy McVeigh was a Gulf War veteran.

http://fas.org/irp/eprint/rightwing.pdf
Addressing risk based off of n=1 (McVeigh) seems different than Assessing the risk is 1(00%).

And yeah, if you're an active military person you get Precheck for free without further ado. So, this logic seems fraught. And disrespectful. But vets die and get dismembered for our right to say things like this.
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Old May 25, 2016 | 7:14 pm
  #29  
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Originally Posted by Boggie Dog
https://www.dol.gov/general/topic/disability/ada




If a person with diminished capacity is excluded from Pre Check flat out based only on that term then I think that might be considered an unfair discrimination. Not taking into account the persons ability to meet other requirements of Pre Check limits that persons access to public transportation and government activities.
You haven't answered the question.

DHS is a government agency. How does the ADA apply?
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Old May 25, 2016 | 7:31 pm
  #30  
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Originally Posted by Often1
You haven't answered the question.

DHS is a government agency. How does the ADA apply?
Where is it stated that TSA programs for civilians are exempt from ADA?
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