Jesse Ventura's Lawsuit Deserves the Smackdown

The recent litigation generated by former Governor Jesse Ventura against the TSA for intrusive pat-down procedures should not be a surprise to anybody. The real injustice of this action is that a real issue is going to be buried in a “television performer’s” rant.

The issue as stated in the lawsuit is that Ventura’s Fourth Amendment right is being violated by unreasonable searches and seizures by the TSA due to his titanium hip, precluding him from simple wand scans; every time he travels he must undergo a pat down or a full-body scan. True to Ventura form, this will no doubt be made into a “Conspiracy Theory” episode about TSA.

The Fourth Amendment stops police and law enforcement from randomly pulling us out of an area where we can expect a right to privacy. However, if we are boarding an aircraft that has been used in the past as a weapon, it is a stretch to apply that same expectation at the airport. There isn’t an implied right to privacy as there would be if we were simply driving down the road or walking down the sidewalk. We are only subjected to these search procedures after several intentional acts, such as buying a plane ticket, showing our identification, traveling to the perimeter of the airport and passing through the security checkpoint to go into the airport. These intentional acts, including waiting to clear the security checkpoint, means we must abide by TSA screening procedures.

My suggestion to Ventura is to choose another form of transportation. If he doesn’t want to subject himself to extra screening due to a type of metal in his body, then don’t go to the airport.

It still amazes me that when TSA decided liquids and gels of above a certain volume were too much a risk, there wasn’t much of a public outcry. However when pat-down procedures and full-body scans went public, the outcry went through the roof.

It is my belief that the real fear of pat downs and full-body scan is the fear of someone seeing them naked or their level of endowment. This is understandable and would drive a blogger to post something on being comfortable in your own skin, but I’ll save that for another day.

Posted by Charlie Howell on Jan 26, 2011

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