So, they are under arrest at that point?
Seems like you need to have a lawyer present to apply for a writ of habeas corpus.
It is a civil penalty and I don't think many of them are really going to be handed out. The guy in San Diego was told he had to leave and then told he was could be fined by the same guy. That isn't going to stand up in court.
Personally, I think if you are going to go to the airport these days you need to have your decisions made before you get there. Refusing both screenings is a pretty painful and stupid option. If you won't submit to either then don't fly.