Remember John Tyner, the “Don’t touch my Junk” guy who is being threatened with a civil lawsuit and an $11,000 fine for leaving the airport (after he had been escorted out of the security area by the TSA) after refusing a backscatter full body scan and an intrusive pat down in which the TSA agent would have fondled his genitals. Here is his blog story to refresh your recollection, starting from the point where he has already been escorted from the security area by the TSA and had his ticket refunded.
At this point, I thought it was all over. I began to make my way to the stairs to exit the airport, when I was approached by another man in slacks and a sport coat. He was accompanied by the officer that had escorted me to the ticketing area and Mr. Silva. He informed me that I could not leave the airport. He said that once I start the screening in the secure area, I could not leave until it was completed. Having left the area, he stated, I would be subject to a civil suit and a $10,000 fine. I asked him if he was also going to fine the 6 TSA agents and the local police officer who escorted me from the secure area. After all, I did exactly what I was told. He said that they didn’t know the rules, and that he would deal with them later. They would not be subject to civil penalties. … He again asserted the necessity that I return to the screening area. When I asked why, he explained that I may have an incendiary device and whether or not that was true needed to be determined. I told him that I would submit to a walk through the metal detector, but that was it; I would not be groped. He told me that their procedures are on their website, and therefore, I was fully informed before I entered the airport; I had implicitly agreed to whatever screening they deemed appropriate. I told him that San Diego was not listed on the TSA’s website as an airport using Advanced Imaging Technology, and I believed that I would only be subject to the metal detector. He replied that he was not a webmaster, and I asked then why he was referring me to the TSA’s website if he didn’t know anything about it. I again refused to re-enter the screening area.
The man asked me to stay put while he walked off to confer with the officer and Mr. Silva. They went about 20 feet away and began talking amongst themselves while I waited. … After a few minutes, I asked loudly across the distance if I was free to leave. The man dismissively held up a finger and said, “hold on”. I waited. After another minute or so, he returned and asked for my name. I asked why he needed it, and reminded him that the female supervisor/agent had already taken a report. … He reminded me that I could be sued civilly and face a $10,000 fine and that my cooperation could help mitigate the penalties I was facing. … I asked if I was free to leave. I reminded him that he was now illegally detaining me and that I would not be subject to screening as a condition of leaving the airport. … I asked if tried to leave if he would have the officer arrest me. He again said that no one was forcing me to stay. I looked him in the eye, and said, “then I’m leaving”. He replied, “then we’ll bring a civil suit against you”, to which I said, “you bring that suit” and walked out of the airport.
Actually the TSA is now threatening to sue him for $11,000:
Michael J. Aguilar, chief of the TSA office in San Diego, called a press conference at the airport Monday afternoon to announce the probe. The investigation could lead to prosecution and “civil penalties” of up to $11,000, he said.
Well, I went looking for the TSA’s legal authority to fine him for leaving the airport after he did not fly that day and after he was escorted out of the security area and had his ticket refunded. Apparently it is based on the following TSA document entitled “ENFORCEMENT SANCTION GUIDANCE POLICY”:
INTRODUCTION: On November 19, 2001, Congress enacted the Aviation and Transportation Security Act (ATSA), which created TSA, and which transferred authority for enforcement of civil aviation security requirements from the Federal Aviation Administration to TSA. On July 21, 2009, TSA’s Investigative and Enforcement Procedures, including the maximum civil monetary penalty amounts for violations of TSA’s security regulations, were amended to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. The current civil penalty monetary amounts became effective on August 20, 2009. […]
PURPOSE: This sanctions policy provides guidance for imposing civil monetary penalties … up to $11,000 per violation for all other persons, including but not limited to individuals …
The sanctions guidelines for individuals who violate their procedures begins on page 7, Section VI. For example being caught with a loaded firearm can result in a fine between $3000 and $7,500 if it is found at the checkpoint, and $1000 – $2000 if found in checked baggage. Mr. Tyner, of course had no firearm loaded or otherwise, yet he is being threatened with the maximum civil penalty of $11,000.
I looked and I could not find a category that precisely fit the violation for which Mr Tyner is being threatened with a maximum fine of $11,000. Most of the fines for refusing to be screened or comply with screening procedures appear to fall within the $1000 to $3000 range at best. Of course, it could be that Tyner will be charged with multiple violations (which ought to be interesting considering the vague language describing said violations) or perhaps simply with the catchall violation which is described thusly:
*Violations not listed above are subject to the regulatory civil penalty maximum of $11,000.
Which means I suppose, that anything the TSA wants to call a violation that isn’t listed in their guidelines. So be forewarned that if you refuse a backscatter x-ray full body image screening and the alternative full body invasive pat down of your genitals they will try to fine you the max amount of $11,000. In the real world I would label that extortion, but this is TSA world, so I imagine anything goes until a Federal Court tells them they can’t. And even then, the cost of defending yourself is likely to exceed the amount of the fine in any event.
Then again, you could always take wear a kilt without underwear (as first suggested by Jeff Goldberg at The Atlantic) and demand the “aggressive pat down” just to make the TSA agents as uncomfortable as possible. Then again, maybe some of them would like that.
My suggestion. Don’t fly if you can avoid it. If you can’t you’ll have to judge for yourself what is worse if you get selected for the full body scan: (1) go through the scanner and have TSA agents see a nude image of you, (2) allow a TSA agent to grope around your “groin area” or (3) stand up for our ever diminishing civil rights and hope a court agrees with you. Of course the third option means you don’t get to fly and will have to pay thousands of dollars defending yourself and possibly pay a fine.
What a fun country we live in, eh?
