"Your Rights at the Airport" 1/3 page leaflet

Old Nov 24, 10, 11:00 am
  #1  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
"Your Rights at the Airport" 1/3 page leaflet

I adapted information from The Identity Project's "What you need to know about your rights at the airport" and "State of New Mexico v. Phillip Mocek" FAQ into a 1/3 page leaflet that I'll insert into the dontscan.us tri-fold and distribute at Sea-Tac today.
pmocek is offline  
Old Nov 24, 10, 11:27 am
  #2  
Moderator: American AAdvantage and New York City
 
Join Date: Sep 2007
Programs: AA PLT, Natl EC
Posts: 10,678
Great idea and nicely done ^ - print double-sided with short-edge binding and be sure that "Shrink to Fit" is not selected.
dstan is offline  
Old Nov 24, 10, 3:18 pm
  #3  
Moderator Communications Coordinator, Signatures
 
Join Date: Apr 2001
Location: deep within the Eskimo lair
Programs: TubWorld, Bar Alliance, Borratxo Legendarium
Posts: 16,866
I don't understand 5 and 6. The airlines aren't refusing to transport you. The TSA is refusing to let you into the secure part of airport.
missydarlin is offline  
Old Nov 24, 10, 6:37 pm
  #4  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
Originally Posted by missydarlin View Post
I don't understand 5 and 6. The airlines aren't refusing to transport you. The TSA is refusing to let you into the secure part of airport.
#5 and #6 are:
5. If an airline cancels your reservation or refuses to transport you, you may be entitled to collect damages.

Additionally, you can request that the U.S. Department of Transportation (and, if you were denied passage to the United States from an. other country, that country's authorities) investigate and fine or impose other sanctions on the airline.

6. Under most airlines' conditions of carriage, you have the right to a full and unconditional refund if the airline refuses to transport you because you won't show ID or won't “consent” to whatever they want to do to you in the name of “screening”. If so, and if the airline refuses to give you a full refund, you can sue them for damages and request that the U.S. Department of Transportation investigate and fine them.

To opt-out and get a refund: First, consult the provisions of the airline's "Conditions of Carriage" governing refusal to transport and involuntary refunds. Second, show up at the airport and present yourself for check-in on time. Third, try to document that the airline (not TSA or contractors) refused to transport you.

If you check in first, then later refuse to be X- rayed or groped, or to show ID, you'll likely get the runaround from TSA and the airline, so check in in-person at the airport and tell the airline then that you don't consent to a virtual strip-search or groping (or that you won't show ID). When the ticket counter clerk says, "Then you can't fly," demand an immediate, full, unconditional refund. If they refuse, get written confirmation of all the above to document your eligibility for refund. Don't leave the counter without either a full refund or a written state. ment, on airline letterhead, signed legibly, preferably by the station manager.

Say something like, “I insist on either a full and immediate refund, or a letter signed by the station manager confirming that I presented my. self for check-in on time, that you refused to transport me because I wouldn’t show ID or ‘consent’ to ’screening’, that I requested a re. fund, and that you have refused to provide me with a full refund. I need this to document my eligibility for a refund.”
My understanding (and it's very limited; you should check with Edward) is that it would be the airline's responsibility to get you past TSA to the flight they're obligated to provide or to refund your fare.

In response to The Identity Project's "Airlines threaten illegal actions against travelers who opt out of groping" post, someone left the following comment:

Matt Says:
November 23rd, 2010 at 7:30 pm

But the airlines are not refusing to transport. The passenger would be refusing to go through the airport’s security. The airline wants you to fly with them because the people are the ones who give them money. There is just another organization between you and the airplane.
This response was also posted:

Rob Says:
November 23rd, 2010 at 10:22 pm

I downloaded the Conditions of Carriage for the airline we’re supposed to be flying on, and it does say that we are entitled to a refund if they refuse to board us because (1) we refuse to be searched; or (2) we don’t present proper ID. But it also stipulates that we have to show up at the ticket counter on the day of our flight, which will mean that we won’t have time to drive to our destination (3 days driving versus 5 hours flying). Looks like Grandma is going to be upset with us! But at least my children will not become involuntary porn stars or abuse victims, and that’s all that really matters.
pmocek is offline  
Old Nov 24, 10, 8:33 pm
  #5  
FlyerTalk Evangelist
 
Join Date: Nov 2009
Location: Kansas City Metro | MCI
Programs: UA*G, Hyatt Globalist, Marriott Plat., NEXUS, Amex, TSA Disparager Unobtanium
Posts: 20,239
Is there any way to download a copy without linking it to my facebook account? I'd rather not let it email me, post on my wall, etc?
FriendlySkies is offline  
Old Nov 29, 10, 11:41 am
  #6  
Moderator: American AAdvantage and New York City
 
Join Date: Sep 2007
Programs: AA PLT, Natl EC
Posts: 10,678
I left a bunch of these pamphlets scattered through our travels this weekend and Mrs. dstan was quite impressed as well.

One question came up:

If presented with the option to leave the checkpoint for a
private screening, consider politely declining with a “No,
thank you,” as you will likely be asked to remove your clothing.
Pat downs can be performed in public view.
What is the basis for stating that you will likely be asked to remove your clothing? Indeed, in other threads, members state that they have offered to strip but have been refused. Perhaps that point should be edited?
dstan is offline  
Old Nov 29, 10, 11:53 am
  #7  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
Originally Posted by dstan View Post
What is the basis for stating that you will likely be asked to remove your clothing? Indeed, in other threads, members state that they have offered to strip but have been refused. Perhaps that point should be edited?
I don't know. That's in the tri-fold pamphlet from dontscan.us, not in the 1/3 page thing I put together or in The Identity Project's "What you need to know about your rights at the airport" page. I suggest using http://dontscan.us/contact.html to pose the question. I don't remember who it is, but the author posts here on Flyertalk and seemed receptive to criticism.
pmocek is offline  
Old Nov 29, 10, 7:59 pm
  #8  
Moderator: American AAdvantage and New York City
 
Join Date: Sep 2007
Programs: AA PLT, Natl EC
Posts: 10,678
Ahhh! Sorry, I was a bit confused by the multiple links in your OP.
dstan is offline  
Old Nov 29, 10, 8:18 pm
  #9  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
Originally Posted by dstan View Post
Sorry, I was a bit confused by the multiple links in your OP.
No problem. That's understandable. I'd be interested in hearing what you find out.

Originally Posted by dstan View Post
I left a bunch of these pamphlets scattered through our travels this weekend and Mrs. dstan was quite impressed as well.
While we were at Sea-Tac handing out the pamphlets Wednesday, Ms. Pmocek -- who supports all my efforts but was finally prompted to airport action of her own with the introduction of the "electronic strip search or grope" policy -- found that two classes of people were far more receptive to her offers of the information than others were: 1) young women and 2) dark-skinned people.
pmocek is offline  
Old Nov 29, 10, 8:54 pm
  #10  
FlyerTalk Evangelist
 
Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still a Hilton Diamond & Club Cholula™ Super Plats
Posts: 25,247
Originally Posted by pmocek View Post
While we were at Sea-Tac handing out the pamphlets Wednesday,
How did the leafleting go @ Sea-Tac? What areas did you distribute in? How long? Any harassment from TSA or LEO?
MikeMpls is offline  
Old Nov 29, 10, 9:15 pm
  #11  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
report from leafleting at Sea-Tac

Originally Posted by MikeMpls View Post
How did the leafleting go @ Sea-Tac?
Just fine. There were about eight of us. Traffic in the airport was light. Strip search machines were not used much. I didn't notice any opt-outs, but I only saw maybe a half-dozen people x-rayed.

See "My National Opt-Out Day at SeaTac" by Matt Luby (a.k.a., Unpaid Intern) of Slog, the blog of Seattle weekly paper The Stranger.

Originally Posted by MikeMpls View Post
What areas did you distribute in?
Outside of each of the four TSA checkpoints.

Originally Posted by MikeMpls View Post
How long?
Noon - 4pm. I arrived at 1pm.

Originally Posted by MikeMpls View Post
Any harassment from TSA or LEO?
None. TSA didn't have anything to say. I very obviously took lots of photos of their operations, and I streamed live video. I chatted with a police officer a bit, and the Deputy Chief of Port of Seattle Police spoke with my partner, thanking the group for not causing problems, and for distributing the information ("I'm glad you're passing out this information. This [waving pamphlet in his hand] is good for people to have"). A woman from the Port PR department (or something like that) stopped by to take a photo.
pmocek is offline  
Old Nov 29, 10, 9:31 pm
  #12  
FlyerTalk Evangelist
 
Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still a Hilton Diamond & Club Cholula™ Super Plats
Posts: 25,247
Originally Posted by pmocek View Post
I chatted with a police officer a bit, and the Deputy Chief of Port of Seattle Police spoke with my partner, thanking the group for not causing problems, and for distributing the information ("I'm glad you're passing out this information. This [waving pamphlet in his hand] is good for people to have"). A woman from the Port PR department (or something like that) stopped by to take a photo.
^

Glad to hear that healthy, democratic attitudes exist at at least one airport!
MikeMpls is offline  
Old Nov 29, 10, 10:11 pm
  #13  
LAX
 
Join Date: Nov 2004
Location: Los Angeles, CA; Philadelphia, PA
Programs: OZ Diamond
Posts: 5,186
With regards to #2 under Rights in Airport, is there legal backing?? I mean, after hearing multiple stories of people threatened to stop photographing/videotaping at check-point, would we run into legal trouble for doing that??

LAX
LAX is offline  
Old Nov 30, 10, 12:04 pm
  #14  
Original Poster
 
Join Date: Apr 2008
Location: United States
Posts: 1,438
Originally Posted by LAX View Post
With regards to #2 under Rights in Airport, is there legal backing?? I mean, after hearing multiple stories of people threatened to stop photographing/videotaping at check-point, would we run into legal trouble for doing that?
I suggest asking your question as a comment on The Identity Project's "What you need to know about your rights at the airport" page.

I'll stand trial one week from today for something that seems to be related to that.
pmocek is offline  
Old Nov 30, 10, 2:17 pm
  #15  
 
Join Date: Sep 2006
Location: San Francisco, USA
Posts: 79
Originally Posted by LAX View Post
With regards to #2 under Rights in Airport, is there legal backing?? I mean, after hearing multiple stories of people threatened to stop photographing/videotaping at check-point, would we run into legal trouble for doing that??

LAX
To be clear:

(1) The Identity Project can't commit to providing legal advice or legal defense. So far as I know, there is no organization with the resources and commitment to defend anyone arrested at any airport checkpoint.

(2) You can get into "legal trouble" for doing many legal things. If a cop wants to make life hard for you, it is very easy for them unilaterally and summarily to sentence you to months of court dates and thousands (or tens to hundreds of thousands if there are appeals) of dollars in legal defense costs, even if the charges are completely bogus -- as Phil Mocek is experiencing. Be realistic and aware of what risks you face.
ehasbrouck is offline  

Thread Tools
Search this Thread
Search Engine: