States Seek to Criminalize Some TSA Pat Downs

Many air travelers have likened the intrusive TSA pat downs to sexual assault. Several states are looking to make it officially so and penalize TSA workers for it.

“Call it what it is. It’s sexual assault. Let’s put their name on our sex offender registry, and maybe that will tell them New Hampshire means business,” Rep. Andrew Manuse said to WMUR 9.

Manuse is one of the sponsors of House Bill 628, which seeks to criminalize “the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent.” The bill would classify persons convicted of the offense as Tier 3 offenders under the criminal offenders registry.

“The (criminal justice and public safety) committee is very concerned about these searches,” said Greg Moore, New Hampshire House policy director. “They wanted to do something that, at the very least, sent a strong and clear message to the TSA at just how displeased they were with the manner in which these new searches are taking place.”

A similar bill was introduced in Texas this week. House Bill 1937, authored by Rep. David Simpson, extends the definition of sexual assault to include “certain touching of persons as part of a search performed to grant access to a publicly accessible building or form of transportation, intentionally, knowingly, or recklessly without probable cause to believe the person committed an offense.”

“This bill is about saying enough is enough. We’ve turned from prudent caution to ridiculous excessive measures. This is drawing a line in the sand where officials shouldn’t go past without a warrant, without probable cause. You shouldn’t touch someone’s private parts as a condition of travel,” Simpson told KVUE News.

In December, New Jersey Senator Michael Doherty introduced three bills that bans TSA scanners and would make certain body searches sexual assault.

“All of these bills remove any claim that TSA agents are immune to any state statutes that they violate when searching passengers or crew,” Doherty stated. “If we don’t take strong action against these violations, where will it lead? Today planes, tomorrow trains and buses, what then?”

How much impact the bills will have is unknown as TSA agents operate under federal laws, which supersede state laws. Moore thinks the New Hamsphire bill, which has been retained for review during the summer, is unlikely to pass in its original form. One concern, Moore said, is that the TSA might pull its screeners out of the Manchester Boston Regional Airport, which could cause airlines not to fly there.

“There is a lot of belief that the potential harm vastly outweighs the policy goal,” he said.

About the Author

Cindy Horbrook is content development editor for Security Products magazine.

Featured

New Products

  • Compact IP Video Intercom

    Viking’s X-205 Series of intercoms provide HD IP video and two-way voice communication - all wrapped up in an attractive compact chassis.

  • HD2055 Modular Barricade

    Delta Scientific’s electric HD2055 modular shallow foundation barricade is tested to ASTM M50/P1 with negative penetration from the vehicle upon impact. With a shallow foundation of only 24 inches, the HD2055 can be installed without worrying about buried power lines and other below grade obstructions. The modular make-up of the barrier also allows you to cover wider roadways by adding additional modules to the system. The HD2055 boasts an Emergency Fast Operation of 1.5 seconds giving the guard ample time to deploy under a high threat situation.

  • ResponderLink

    ResponderLink

    Shooter Detection Systems (SDS), an Alarm.com company and a global leader in gunshot detection solutions, has introduced ResponderLink, a groundbreaking new 911 notification service for gunshot events. ResponderLink completes the circle from detection to 911 notification to first responder awareness, giving law enforcement enhanced situational intelligence they urgently need to save lives. Integrating SDS’s proven gunshot detection system with Noonlight’s SendPolice platform, ResponderLink is the first solution to automatically deliver real-time gunshot detection data to 911 call centers and first responders. When shots are detected, the 911 dispatching center, also known as the Public Safety Answering Point or PSAP, is contacted based on the gunfire location, enabling faster initiation of life-saving emergency protocols.