"Forcing Americans to undergo a virtual strip search as a matter of course in reporting to work or boarding an airplane when there is no suspicion of wrongdoing is a grotesque violation of our civil liberties," said John W. Whitehead, president of The Rutherford Institute. "Indeed, it completely undermines our right to privacy and to be free from unreasonable searches and seizures by government agents."
On October 15, 2010, Michael Roberts, a pilot employed by Houston-based ExpressJet Airlines, Inc., attempted to pass through the security line at Memphis International Airport (MEM) as part of his commute to work. For Roberts, who had regularly passed through the MEM security checkpoint over the past 4 ½ years, this was the first time at that airport he had encountered the TSA's new security scanning technology that involves Whole Body Imaging (WBI). WBI full-body scanning devices enable screeners to see beneath people's clothing to an extremely graphic and intrusive level of detail. The scans have been likened to "virtual strip searches."
After Roberts loaded his bags onto the X-ray scanner belt, a TSA agent told him to remove his shoes. Roberts, who was in his pilot's uniform, questioned the agent about this and was told it was necessary for the WBI scanner. Roberts then stated that he did not wish to submit to the WBI scanning. The TSA agent stated Roberts could keep his shoes on, but directed him through the metal detector that had been roped off, and called out somewhat urgently to the agents on the other side: "We got an opt-out!" The agent also reported the "opt-out" into her handheld radio.
On the other side, Roberts was informed by another TSA agent that because he had refused the full-body screening, he would have to go through secondary screening which involves a full pat-down search. Roberts again refused and was told by a TSA agent that, pursuant to TSA decree, he could not pass through security without submitting to full-body scanning or a pat-down search. When Roberts asked if he was suspected of concealing something dangerous after he had passed through the metal detector without triggering an alert, or whether they believed that he had made any threats or given other indications of malicious designs to warrant treating him, a law-abiding fellow citizen, so rudely, he was told that was not relevant. Because Roberts could not pass through airport security, he was prevented from showing up for duty as required and is facing possible disciplinary action from his employer.
Perhaps this will be the first step in getting the “Patriot” Act declared unconstitutional and voided.
If he really wanted to win this suit he should have been wearing a burka and refused to take it off.
This guy was flying from Memphis to Houston so he could go to work. He wasn’t even in uniform - he was just another passenger. I am the last person to advocate for TSA; I fly a lot (much of it overseas) and I can tell you the system here is a mess. But this guy was out of line - one day he’ll look back on when he was a commercial pilot - his career is over.
The terrorists have got to be laughing at our insanity. They kill some of us and our response is to punish ourselves. We suffer al manner of indignities and twist ourselves into pretzels to avoid offending Muslims. What fools we are.
I have a relative who has a physical disability, and he is extremely concerned about going through the full body scan.
He has always passed the current X-ray procedure without any problems, but he would be subjected to having intimate details about his body revealed on the full body scan as well as with a physical pat-down.
I’m sure that many people with disabilities are probably very concerned about this new technology...
I received an email joke from an Israeli friend today that basically said:
El Al has come up with a better idea than full body scanners at airports. They have a giant thick-walled metal box. Anyone suspected of carrying an explosive will be placed inside briefly. If there is an explosive, it will be detonated immediately. So when you are in the airport and hear a quiet little pufffft sound, the next sound you will hear is “We have one extra seat for sale on Flight 834!”