So what’s it take to sue the TSA?
July 29, 2012 14 Comments
Every week or so I get an e-mail or a comment asking about suing the TSA, either to change policy (get rid of the scanners and pat-downs) or because of personal incidents (TSA screeners assaulting them, physically or sexually, stolen goods, false charges, etc.). Many of the stories are heartbreaking and all have been wronged by the TSA. I’m happy to share what I’ve learned, but my first question is: Are you ready for the fight? Here’s what it takes, assuming you don’t have a civil rights organization representing you and paying your way:
First, there are filing fees and other hard costs: printing (sometimes courts require up to 40 copies of a document!), mailing, travel, paid research databases, etc. So far, this has totaled in the four-figures range.
But, more importantly, there are the time costs. While writing a brief that has now reached 18 pages today, I was curious how much I’ve had to write so far in order maintain these actions against the TSA. I went through my all my Word documents in my TSA lawsuit folders, and the totals are:
U.S. District Court: 189 pages
11th Circuit Court of Appeals: 121 Pages
U.S. Supreme Court: 47 pages
—
Total: 357 pages
My writer friend tells me that typical for her industry is that a page takes an hour. With the research required for legal documents, I’d double that, and that doesn’t even take into account the time it took to put to research, create, and edit the awesome videos of the nude body scanners being defeated, not to mention the $0.99 sewing kit required to take down the $1 billion scanner fleet! 
Taking this much time away from work is why I’m so grateful for the donations that many of you have sent, which allow me to continue to fight the TSA without ending up homeless. 
It’s a strong statement about our legal system that seeking justice for something so basic as “don’t take nude pictures of me” takes so much, and I’m not even close to finished. It’s also something to keep in mind if you want to sue the TSA but don’t want to pay a lawyer to do it for you (and can you imagine how much a lawyer would have billed to write 357 pages?): if you want into the legal side, be ready to have sore wrists.
But, if you just want to fight TSA thuggery in general, there is lots to be done. People are blogging, people are making videos, people are “traditional protesting” (flyers, tables, bullhorns, soapbox, etc.), people are contacting their representatives, people are donating money, people are talking to their friends and fellow travelers, and people are standing up and saying “no” (sometimes phrased as “I opt out!”). Hitting the TSA from all angles is the way to obtain change, and ALL of these are equally important tools in the fight. If you’ve participated, thank you, and feel free to share the creative ways you’ve found to protest the TSA in the comments to inspire others.
About tsaoutofourpants
http://www.miamiherald.com/2012/07/30/2920627/tsa-officer-from-miami-charged.html
maybe protests are move effective the tsa ignores lawsuits!
the real question is when will tsa agents start facing sex assault charges or charges for kiddie porn or causing cancer with radioactive body scanners?
I sadly anticipate the day when the Supreme Court gives the TSA legal immunity, just as the German courts gave to their Gestapo.
Here’s another way to put public pressure on the TSA, right at the moment of contact.
1. Print out a copy of the fourth amendment. You can get it here: http://saythefourth.files.wordpress.com/2012/07/fourthamendmentmockup.jpg
2. As you approach the checkpoint, if you have a smartphone, KEEP IT ON YOUR PERSON and turn on audio recording. You’d be amazed what can be picked up in those recordings. If/when they detect your phone on you, just grin sheepishly and comply with putting it into the bowl they’ll give you. It will then remain close enough to you to still obtain audio of the entire pat-down and unreasonable search experience. NOTE: be sure to have your phone “locked” so that a code has to be entered. That way, they can’t surreptitiously shut off your recording while distracting you with their behavior modification nonsense. They will literally have to ask your permission to invade your phone at which point you can legally say “no, not without a warrant”.
3. At the checkpoint, if you are addressed by a TSA contractor asking you to do anything other than step through a metal detector, politely and LOUDLY read the text of the Fourth Amendment so all the folks around you can hear and be influenced by something they probably don’t even know exists. Then, comply with the contractor’s directions.
This is a peaceful, but public way to protest.
Don’t comply, and don’t fly!
There’s a big problem with your approach–there are places it’s not legal.
Also, I would think it would not be legal anywhere if you get separated from your phone. (AFIAK nobody permits secret recordings that you are not a party to.)
“Legal or not, you’re just taking a page out of their playbook.” See what happens when people lose all respect? You get crazy thinking like that sentence. Sadly, it’s probably right in a cynical society.
It is a myth propagated by police and prosecutors that you cannot legally record your public interactions with public servants anywhere in the US. Alexander Shalom of ACLU-NJ was quoted just yesterday saying, “police often videotape civilians and civilians have a constitutionally protected right to videotape police.”
–Jon
Unfortunately I think more people are just giving in and allowing the TSA to treat them as badly as they choose. The only thing they do is complain or file a complaint with the TSA which we all know goes nowhere. Sadly the response I hear from more and more people is
“You’re not going to win so why fight it”. I for one will continue to fight for my rights and not just give up! Is anyone aware of any “Class Action” law suits filed against the TSA?
Unfortunately, Reggie, I think you’re right. I’m a keen observer of human behavior and it really gets to me how many people just shrug this off as a mere inconvenience. Don’t they realize what they’re giving up? Many are old enough to remember when they were actually free! Why do they forget?!
My personal take on this behavior is that the TSA is a cunningly crafted artifact of government/CIA “mind control” techniques. I know that statement puts me in the tinfoil hat crowd, but think about it logically. We already know as a scientific fact that the power of suggestion is a very useful tool used by con artists, psychics, and other ne’er-do-wells. Why is it that hard to accept that putting a blue LEO shirt and badge on a government contractor with no arrest powers might cause a bit of intimidation among the sheeple? Wrap it all in a little post-9/11 patriotism, hitch it up to the nanny state mentality, and you have the perfect PR mind job.
Bus stations and rail stations are already being invaded by the TSA. And, even your driveway will be next. Sadly, most people won’t even bat an eye at that when it happens.
I doubt “mind control” has anything to do with it. Most people are sheep and can be lead and told anything.
I’m sure some of you have heard the following quote attributed by Martin Niemöller a German pastor:
First they came for the communists,
and I didn’t speak out because I wasn’t a communist.
Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.
Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.
Then they came for me
and there was no one left to speak out for me.
The longer we let the government, including the police, violate our civil rights the worse this is going to get.
have a background screen of a tsa goon in hand cuffs or rosa parks crying
The TSA is ridiculous! My husband has been waiting for a TWIC since march and its may and still nothing!!! He will loose his job Friday if he don’t have it
The TSA is aware that their TWIC program is a disaster. Don’t worry, they have committees working on it.
(Hey, that’s at least better than we have for the body scanners, where there are committees trying to shove more down our throat…)
I applied for my TWIC card renewal on 3/4/13 as of today (5/18/13) I have not been able to obtain my card and as a result I have been out of work for over 2 mths. I have tried EVERYTHING in my power & have been unsuccessful to overcome the issues surrounding this renewal due to human errors from several offices.
Being a husband and father of 4children, I am begging for SOMEONE to PLEASE feel sympathy for my situation and DO something to get this over with.
In a nutshell, 6wks after applying and not getting any notification I was given a tkt no. from the TWIC help line. 15 days later the Tkt was escalated because the help desk didn’t get a reply from TSA(virginia). Being tired of the runaround from the help desk which never has an answer I tried looking for phone numbers to the TSA in Virginia where a supervisor gave me a FAX number for Mr. Robert Freeman, I faxed Mr Freeman a note on 4/29 requesting answers. The following day (4/30) I received a call from Mr. Alan Billings requesting clarification on how my name is written after clarifying that Mr. Billings informed me that it would take another 2-3Wks before getting my card. If it wasn’t because I sent that fax I would have NEVER GOTTEN AT LEAST THAT PHONE CALL…..2wks later (5/13) I contacted Mr. Billings who then informed me that because they are in the process of closing the contract with the company that deals with the TWIC cards and starting a new contract with a different company which has a different system it is taking longer for me to get my card….At what point are my FOUR CHILDREN being considered, I have a mortgage which the bank doesn’t care to know the reasons behind my late payment. The government should be helping the economy by letting us work and not taking our jobs away from us. My family’s life is in jeopardy. My wife suffers from depression and this is affecting her health.