Texas Legislature Looks To Make TSA Groping Procedures Illegal
from the don't-mess-with-texas dept
We've discussed an attempt in New Hampshire to make TSA agents liable to be accused of sexual assault for patdowns, and now we learn that a bill is making its way through the Texas legislature that would criminalize the aggressive groping procedures, if there is no "probable cause." That choice of words is obviously quite intentional, as the idea is to refer back to the 4th Amendment. Unfortunately, courts have not found that such airport searches violate the 4th Amendment, though they've become ever more intrusive over the years.The big question, of course, is what happens if this bill passes and becomes a law (apparently it has a large number of co-sponsors). It would create a difficult position for TSA agents in Texas, and I imagine a lawsuit would eventually be needed to resolve things. But all of that depends on whether or not the bill will ever actually pass. I could definitely see the White House putting pressure on Texas' governor to veto the bill... Still, with various states now looking to pass laws against these procedures, isn't it time the administration and the TSA reconsider these procedures?
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Hmmm
Maybe an actual lawyer can weigh in here.
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Re: Hmmm
It could be a real issue for TSA contractors. They are just private employees AFIK and not sworn Federal LEOs who would presumably have immunity from state laws while performing their Federal mandates--but I really don't how that plays out.
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Re: Re: Hmmm
Assuming the federal government could do that it doesn't really server their cause. It would ignite a very significant amount of public outrage both in and outside of Texas.
What would more likely happen is there would be lawsuits filed by the federal government as Mike notes.
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Re: Re: Re: Hmmm
Perhaps, but the Fed might not be able to win such lawsuits and might elect to pull federal funding or federal FAA permission to fly instead.
I'd say the more immediate question is whether TSA employees would choose to stop groping passengers or risk state prosecutions while the State and Fed fight it out.
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Re: Re: Re: Re: Hmmm
My contention is that if the FAA did remove permission to fly to or over Texas it would be so unpopular heads would roll (figuratively speaking). I would also argue there is at least one person in the administration that would recognize just how bad of an idea it is or at least know someone who does.
I'll also wager that the law wouldn't be used to target employees themselves since most of those TSA employees affected by the law would likely be residing in Texas as well.
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Re: Re: Re: Re: Re: Hmmm
If groping is to be made illegal without probable cause I don't see how the state can avoid prosecuting TSA employees. So as far as unpopularity goes, this cuts both ways. Should local TSA employees be made to pay for the policies set in Washington and be prosecuted as sex offenders? It isn't something I have a pat answer for.
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Actually no. They would be prosecuted for their own actions. AFAIK the Feds aren't holding a gun to anyone's head telling them to perform sexually intrusive searches. The fact that your boss tells you to do something does not absolve you of its legal consequences and it definitely does not absolve you of moral responsibility for your actions. I say we should toss the TSA agents in jail and generally treat them like sex offenders. I'd like to see the viability of the TSA recruitment when their agents are universally reviled.
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haha Good one!
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That would be awesome.
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Knowing Governor Perry he's itching for a fight with the Obama administration
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Re: Knowing Governor Perry he's itching for a fight with the Obama administration
Yes, my %^&* is right there. Can I go to my plane now?
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Focusing on groping not big ass sharp pointy things in the carryon.
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Re: Focusing on groping not big ass sharp pointy things in the carryon.
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it all makes sense in a way
The feds won't ban air travel in Texas because the voters would hate them for it; the states won't denounce the body-scan and pat-down as useless, because the voters would scream in fear; the public is outraged over the videos of crying children and beauty queens, so some state politicians must jump on that wagon...
So they attack the group with the least political power, the TSA screeners. If these bills pass, the screeners will have to risk jail time if they follow procedure... So they'll neglect procedure (as they already do in some airports). We'll have some dignity back, it won't make anybody less safe, but someday when somebody tries to bring down a plane (which will happen someday in any case) the politicians can point fingers at the "negligent" screeners.
Wouldn't it be great to hear some courage in these debates?
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Re: it all makes sense in a way
My guess is these gropings are doing nothing more then finding toy guns belonging to toys, nail clippers and other junk (no pun intended).
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Re: Re: it all makes sense in a way
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It's stopped me from flying unless it's unavoidable and absolutely necessary.
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State's Rights!
Thank God that Texans still have their State's Rights balls!
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A fight for the century
1) a fight of state's rights vs federal rights
2) citizen's rights vs security rights
3) (This is the big one) the right of the federal government to increase while the state's rights decrease if this is allowed.
Guess which one the administration is going to fight for?
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Re: A fight for the century
Damn errors!
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http://www.someecards.com/somewhat-topical-cards/osama-bin-laden-dead-airport-security-funny-e card
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> flying. Dang Texans and their independent
> streak anyway!!!
Easier said than done. Texas does have its own air force.
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*WARNING* NSFW: TSA groping and more.
The best part: our favorite lawyer for the porn industry is the director. Yep, none other than Evan Stone.
Found via torrent site that I frequent. I just laughed out loud when I saw the title, and I'm very tempted to get it.. you know, just for the laughs....
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Another excuse for sex offenders...
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Texas
> pressure on Texas' governor to veto the bill
The governor of Texas isn't known for caring about what the White House thinks about anything.
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