Fighting TSA Harassment of Disabled Travelers

An anonymous reader writes "A man with a neurological disorder is currently pushing the TSA to release a full list of its policies and procedures after a series of incidents in which he was harassed while trying to fly. His condition requires medical liquids and causes episodic muteness, and the TSA makes his encounters very difficult. From January: 'Boston Logan TSA conducted an illegal search of my xray-cleared documents (probably motivated either by my opting out or by my use of sign language to communicate). They refused to give me access to the pen and paper that I needed to communicate. Eventually they gave it to me, but then they took it away in direct retaliation for my using it to quote US v Davis and protest their illegal search (thereby literally depriving me of speech). They illegally detained me for about an hour on spurious, law enforcement motivated grounds (illegal under Davis, Aukai, Fofana, Bierfeldt, etc). ... TSA has refused to comply with the ADA grievance process; they are over a month beyond the statutory mandate for issuing a written determination.'"

Comments

My answer

[ozmanjusri]

I haven't traveled to the USA.

The exchange rate makes it a reasonable destination, but I don't want to be treated like dirt.

Re:My answer

[Aethedor]

I totally agree. The TSA consists of a bunch of mindless idiots following stupid rules. There is nothing that those TSA idiots did that ever stopped a terrorist attack. The only thing the TSA is good for is wasting money and pissing of Americans and foreigners.

Re:My answer

[_KiTA_]

I totally agree. The TSA consists of a bunch of mindless idiots following stupid rules. There is nothing that those TSA idiots did that ever stopped a terrorist attack. The only thing the TSA is good for is wasting money and pissing of Americans and foreigners.

Wrong.

The modern TSA is a way to legally funnel government funds to contractors in the United States.

In addition, it gives the airlines and government a shield in case anything DOES happen. "Well, we at least TRIED to stop it."

The combination of the two means that it will never stop, and it will never get better.

Re:My answer

[zequav]

Yep. I'm a university professor and have visited USA before (conferences), but I'm not doing it again. Several years ago I decided not to send papers to any conference there.

Re:My answer

[Anonymous Coward]

Already been there two times. I did not feel treated like dirt, but like others airports screening process...

Don't know what "other" airports you have been to, but I have been to airports in both Asia and Europe in the past few years (India, Japan, Germany, UK, etc), and NONE, no even a single one, had a screening process that is even remotely close to TSA.

For the past decade, I refused to travel to the US for the same reason, even though there are quite a few places I would like to visit.

Re:My answer

[longk]

I did travel to the USA last year and experienced no unfriendliness by TSA officers. Near the end of my trip my visa was extended without hassle so I could complete medical treatment after I had an emergency hospital visit. I was quite impressed and pleased with the US authorities really.

Regardless, do you really make a trip decision based on the few minutes of interaction you may have with the border authorities? I've been traveling extensively the last 7 years and most problems I encounter occur once I'm inside the country, not at the border. I'd rather have someone ask me the purpose of my visit and send me on my way than deal with hotel staff about a broken airco or having to return a rental because they gave me a car where one of the tires needs inflating every 3 days.

Re:My answer

[Runaway1956]

You had a good experience. Either that, or you're more tolerant of invasive scanning, searching, and questioning.

I'm terribly intolerant of being questioned, felt up, irradiated, or justifying my presence and/or my travel plans. Meeting just one asshole who thinks it his right to grope me, or to push me around, or even to be overly disrespectful could cost much, much more than the trip is worth.

I've not flown since before 9/11/01, and probably won't again.

Re:My answer

[heypete]

I'm an American living in Switzerland and fly fairly regularly out of the major Swiss airports (Geneva and Zurich), as well as several other big European airports (London Heathrow, London Gatwick, Frankfurt, etc.). I also fly (or have flown) fairly regularly to/from major US airports (Washington-Dulles, Chicago, Atlanta, the New York airports, Houston, Philadelphia, San Francisco, Los Angeles, etc.

While each country and airport has its own different quirks for airport security and border controls, I've never really had a "bad" screening process with any airport -- including those in the US. The TSA's asked me to go through the nude-o-scope once (every other time has been the standard metal detector), I politely opted-out, they did a quick pat-down, and I was on my way faster than many people who went through the scanner. One time my wristwatch set off the metal detector in Zurich and they gave me a similar pat-down, only it was slightly faster as they weren't explaining exactly what they were going to do like the TSA guy was. Both were of similar degrees of "invasiveness" (that is, not unusually invasive for a standard pat-down search). The screening of carry-on luggage has been pretty much the same for decades and hasn't given me any hassle.

Even when taking unusual electronics in carryon luggage, such as scientific equipment to Oman, there hasn't been any issues.

The only difference I've noticed between the US and European screening is that the Europeans don't require that I take off my shoes. A minor thing and something I find fairly stupid, but hardly the end of the world.

To me, the big difference is at border checkpoints: the Swiss checkpoints are, as you might expect, quick and efficient. The British seem to hire cheerful, pleasant people to staff their checkpoints and I've never had any issues with them at all. Lines have been minimal, even leading up to the Olympics.

The American customs and border patrol people are dressed like street cops (including body armor) at the checkpoint. They routinely have drug-sniffing dogs and will randomly pull people out of line for additional searches. Even as a US citizen, they scrutinize my passport as if it were a fine work of art and take a moderate amount of time to do so. Evidently non-citizens from visa-waiver countries need to do some pre-travel background check online that costs $15 or so (but is good for 5 years), get fingerprinted, and have their photo taken. That's definitely a hassle and I think it's unnecessary and way more uptight than the European passport control process. Still, the whole process takes just a few minutes and you only need to go through it at the border; once inside the country it's not an issue.

Re:My answer

[purnima]

I'm an Arab professor. I look like an Arab and have an accent. I travel to the US all the time. Aside from my experiences in 2002, I have never had a problem getting into the US for conferences. The TSA/border control people are always very nice and polite. Maybe I've been lucky.

Re:My answer

[fustakrakich]

Just flash your two digit UID. You'll whiz right through.

Re:My answer

[theshowmecanuck]

First will someone please mod my first comment from this thread up out of the cellar. It shouldn't be modded down for correcting an untruth. Now to correct another person's untruth.

I am Canadian. I live in North America. I like America and most Americans but not always the governments. I am NOT American. I am Canadian. Get that through your head. And every single Canadian will say the same thing about themselves and Americans (except the idiots who think the War of 1812 is still ongoing). The whole is called 'The Americas'. Note the 's' at the end. Come to Canada and call someone American. If the aren't a tourist visiting from America, you will be flamed to your face. Most Canadians don't have a problem with Americans, and most like the country (but maybe not the governments). But it is like calling an Austrian a German because they both speak German. You will not be received favourably.

So here is your corrected geography lesson as you seem to be horribly confused and/or misinformed. In the north part of The AmericaS, is North America. It is divided into three countries: Canada, The United States of America (also known as 'America'... no 's' at the end), and Mexico. Canadians and Mexicans (who, when they are speaking English) use the terms, Canadian for Canadians, Mexican for Mexicans, and Americans for Americans, the latter of which are people who come from the United States of America. We do not call them 'United States of Americans'.

Mind you, you might just be the troll that others are accusing me of.

Re:Yawn

[docmordin]

I'm normally not one for coarse language and insults, but, given that the atypical neurogenic tic disorder that the individual suffers from can lead to both life-threatening asphyxia and tachycardia, I would have to say that you are a massively apathetic twat. I hope that you never become afflicted by any debilitating condition, let alone wind up in a similar situation and encounter someone insouciant who denies you access to medicine or necessary sustenance, as I doubt you'd have the fortitude to stand up to your ilk.

Fortunately, your pococurante attitude served some purpose beyond broadcasting your own inadequacies: it spurred me to pledge several thousand dollars for this guy's legal fund.

Re:So do something about it.

[skiminki]

You want to get rid of the TSA?

Don't fly.

It's that simple.

No it's not. TSA is expanding to provide its services outside airports. http://www.huffingtonpost.com/christopher-elliott/the-tsa-wants-to-be-every_b_2393332.html

War on Diginity

[Jah-Wren Ryel]

The TSA says they are all about the war on terror.
But their actions prove they are only interested in conducting a War on Diginity.

Groping children
soaking a man in his own urine
Arresting people for wearing watches with exposed gears
Arbitrary strip-searches
Detaining people armed with flash cards
Forcing mothers to drink their own breast milk
Forcing a woman to remove her nipple ring with pliers
Requiring women to remove their bras
Requiring a woman to remove the brace on her sprained ankle and then making her walk on it to prove it was sprained

The list of abuses is into the thousands. Every once in a while they get a taste of their stupidity. But it isn't anywhere near enough.

OP here.

[saizai]

I've tried to address some of the questions people raised @ http://saizai.com/tsa#FAQ If you have more, please add them as responses to this. I don't guarantee I'll answer 'em all individually, but I'll try to make sure the FAQ addresses all substantive issues raised. Cheers, Sai

Time for a Bivens lawsuit

[coats]

See https://en.wikipedia.org/wiki/Bivens . Basically, in cases of denial of Constitutional rights, the doctrine of sovereign immunity does not apply, and the individual bureaucrats can be held individually responsible. You might think of it as the "Nuremberg War Crimes" clause in US law...

He ought to sue those persons responsible, as individuals. Going all the way to the top. IMNHO, there is more than cause for him to do so. And he certainly has standing...

A few multi-million-dollar judgements against individual TSA agents and managers would do a lot pour encourager les autres.

An old joke

[spaceyhackerlady]

Reminds me of the old joke:

Q: What's the best way to tell the difference between a Canadian and an American?

A: Casually comment that there isn't any.

...laura, proudly Canadian