guflyer

I am trying to determine whether there are still instances where one can opt of going through a body scanner following the implementation of the new TSA policy that allows the TSA to prevent opt outs.

It would be helpful if people could post their recent experiences of requesting an opt out and whether or not their opt out was denied. Also, it would be helpful to see which airport their experience occurred at and whether or not it is from a Precheck lane.

CDTraveler

Returned home from Florida via TPA last Tuesday, after I had heard the "no opt-out" policy was in effect. I will not go through one of those machines so I had a back-up plan in case if they refused to allow the opt-out.

Fortunately from my point of view, the TSA at TPA bore a strong resemble to the Keystone Cops. How do those people stop anything from getting on an aircraft?

We were traveling with a prescription liquid medication, which is an experimental, custom blended drug and I have been told not to let it go through X-ray or anything which might heat it. I pulled it out of the bag and had to talk to 4 different TSA clerks before I found one that understood the words "I have a liquid medication that needs to be hand checked". Her reply was "So you want a pat down?" [colossally stupid question - No, I don't want a pat down, I will tolerate one in order to avoid your radiation device]. After some unnecessary confusion over our other carry-on items, finally self, kid and belongs were escorted through the gate [not even the metal detector!] and patted down. We then had a very, very long discussion about whether or not I was going to allow them to open the medication and stick their little test strip in it: short answer: NO WAY IN HELL.

As for the actual pat down: compared to what is done at PHL, it was amateur hour. No check inside the the waistband, only to mid thigh between the legs, etc. Mind you, I'm not complaining about the less intrusive pat down, just comparing it to other airports. (my 11th pat down this year)

When all was said and done, they never even suggested that we go through the NoS once I mentioned the hand check for the medication.

LV702

Recent trip. Outgoing line mega backed up, and they opened the WTMD.

Return trip "ouch my shoulder" got me WTMD and a hand swab.

STBCypriot

Just curious, what was your backup plan?

CDTraveler

One-way rental car reservation for the next morning. I'll drive 1,000 miles before I'll go in one of those machines. I'm a blood cancer survivor, and the only radiation/microwave/whatever I'll tolerate is what my oncologist deems medically essential. I know I'm lucky to have the flexibility to make the choice not to fly.

saizai

I've only heard of two cases other than me of people being denied opt-out. TSA did not deny my claim in court that it was started 2015-12-20, so TTBOMK that is the correct date.

CDTraveler

FWIW I never actually said "opt-out" at TPA. As soon as I said the liquid medication needed to be hand checked the clerk assumed I wanted a pat-down and didn't mention the NoS.

However at PHL on 12/20, before I was aware of the new policy, I had a heck of a time getting them to acknowledge that I was refusing to go through the NoS for medical reasons. The clerk there kept repeating "So you're opting out?" (or words to that effect. I always counter by stating I can not go through for medical reasons. That pat-down was the most thorough one of 2015.

chollie

I wouldn't be surprised to see the 'medical' exemption eliminated soon.

Everyone who is not in a wheelchair will be forced to go through the NoS. Those who can't be clearly scanned (those who can't assume and/or hold the position) will get an 'anomaly' grope afterwards, even if that 'anomaly' grope is head-to-toe.

saizai

I was in a wheelchair. I was told I had to go through, despite saying I was unable, and my bags were returned to me when I refused. So I suggest you revise that to "everyone who is not in a wheelchair AND Disabled Enough in some smurf's opinion will be forced to go through".

I don't have outright proof of this, but I think if you read TSA's responses to me & Corbett, it's very clear that they want to leave themselves this option, to be invoked at any time. For that matter, presumably they leave themselves the option of requiring people in wheelchairs to go through, too (though they can't actually make me stand and raise my arms).

cestmoi123

I opted out last week. Had Precheck, but got hit for random screening (i.e delayed beep on the WTMD). Said opt out, no issue or pushback at all.

chx1975

January 10, JFK, Terminal 7 somewhat late afternoon (6pm-ish) not only me opted out but someone else as well. (CX889 was one helluva comfy way to come home.)

marktwothousand

Hey guys
I read through the whole thread and all the "bla bla bla" about people challenging this issue and I appreciate the activists that do. I'm in the opt-out camp for reasons of: "I don't like the degrading surrender position and my body outline or image being in a computer".

However, all through the thread I've read, I've only seen a couple of reports of people's actual experiences. So what's the verdict on this so far? Is the average traveller able to opt-out or not?

My worry is that now that the TSA can randomly deny opt-outs, they'll do it simply because they're lazy or they feel it's too busy.

I do feel that if your random selection was PRE-DETERMINED via SSSS, then tough luck. I have been SSSS'ed once before myself, and that's life. TRUE random selection IF its truly random, in my opinion, does help to increase security. But I don't want "random" to be turning into "arbitrary" decisions right at the checkpoint at opt-out time. That's my worry.

Boggie Dog

@marktwothousand

Based on the PIA published by TSA you can Opt Out until TSA says you can't.

saizai

I am one of the two people suing the TSA over this, and the three I know of who've been denied opt outs.

I believe that the average traveler is currently able to opt out.

However, I also believe that it's very clear from TSA's litigation position that they intend to eventually make it mandatory for everyone (or nearly everyone), and in any case think it's 100% at their whim to decide whether or not you can opt out. Their internal documents clearly say that they do not believe it's an actual right. (See e.g. administrative record in Corbett v TSA 15-10757-A 11th Cir & Corbett v US 1-10-cv-24106-MGC SD FL appeal sub nom Corbett v TSA 12-15893-RR 11th Cir.)

TSA does not know how to do random selection. Their own 2011 SPOT validation study complains about this. (Working on writing it up, haven't released yet, but will in full once written.)

Also, I don't think being a "selectee" should force someone through AIT. That's the Constitution.

marktwothousand

Oh... Eventually, some form of same and Infallible body scanning will be mandatory for everyone, everywhere, and metal detectors will be gone too, (they're already archaic, let's face it..). I am sure we will also have newer technologies in the next 5-15 years.

Let's Face it....opting out is a nice freedom, but once the technology evolves to the point were there are no more excuses for safety or privacy concerns, this discussion will be ancient history.

Eventually it will be as common as that scene in "Total Recall" where they entered the subway terminal and all weapons and contraband were detected in real time thru a screen.

Let's relish the opt outs while we can. We all know where this is going.