Friday, November 21, 2014
I was told I couldn't fly if I didnt show ID, so I've been wondering about the constitutionality.
Under the law that created TSA, the Aviation and Transportation Security Act, the TSA administrator is responsible for overseeing aviation security (P.L. 107-71) and has the authority to establish security procedures at airports (49 C.F.R. § 1540.107).* Passengers who fail to comply with security procedures may be prohibited from entering the secure area of airports to catch their flight (49 C.F.R. § 1540.105(a)(2). Additionally, in Gilmore v. Gonzalez, 435 F.3d 1125 (9th Cir. 2006) the Ninth Circuit Court of Appeals rejected the plaintiff’s constitutional challenges to a passenger identification policy http://blog.tsa.gov/2008/06/why-is-id-important-for-security.html
*(c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis.
But Gilmore held that Gilmore didn't have to show ID, so the case doesn't stand for what they say it does here. Gilmore held that Gilmore could have opted for a more intensive screening. This is no longer an option.
I like to test this practice when I fly. I generally don't fly, stopped flying after 9-11, but sometimes there is no other practical way to get to California or Hawaii for family reunions. I'm n Hawaii now. At OHare I was told that I would have to show ID to fly, no ID, can't get on the plane. So the issues in Gilmore remain live. I was then subjected to two more intensive screenings, a pat down, waistband check, etc. Wasn't told why, but it didnt seem to retaliation for having asked about ID. My guess is that my lunch, a hunk of tofu, might have looked suspicious.
Nader v Allegheny is one of the cases I've turned up in my ongoing research on this - he won at the Supreme Court but seems to have lost on remand. But it doesn't deal with the same issues.
I'll need to find a law library and shepardize the statute. Googling didn't turn up anything.
Under the law that created TSA, the Aviation and Transportation Security Act, the TSA administrator is responsible for overseeing aviation security (P.L. 107-71) and has the authority to establish security procedures at airports (49 C.F.R. § 1540.107).* Passengers who fail to comply with security procedures may be prohibited from entering the secure area of airports to catch their flight (49 C.F.R. § 1540.105(a)(2). Additionally, in Gilmore v. Gonzalez, 435 F.3d 1125 (9th Cir. 2006) the Ninth Circuit Court of Appeals rejected the plaintiff’s constitutional challenges to a passenger identification policy http://blog.tsa.gov/2008/06/why-is-id-important-for-security.html
*(c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis.
But Gilmore held that Gilmore didn't have to show ID, so the case doesn't stand for what they say it does here. Gilmore held that Gilmore could have opted for a more intensive screening. This is no longer an option.
I like to test this practice when I fly. I generally don't fly, stopped flying after 9-11, but sometimes there is no other practical way to get to California or Hawaii for family reunions. I'm n Hawaii now. At OHare I was told that I would have to show ID to fly, no ID, can't get on the plane. So the issues in Gilmore remain live. I was then subjected to two more intensive screenings, a pat down, waistband check, etc. Wasn't told why, but it didnt seem to retaliation for having asked about ID. My guess is that my lunch, a hunk of tofu, might have looked suspicious.
Nader v Allegheny is one of the cases I've turned up in my ongoing research on this - he won at the Supreme Court but seems to have lost on remand. But it doesn't deal with the same issues.
I'll need to find a law library and shepardize the statute. Googling didn't turn up anything.
beach at our condo on maui
http://flywithoutid.blogspot.com/
Mr. Mocek had a boarding pass, but would not produce ID when asked. As I've said before here on the blog, if you don’t have an ID, TSA will work with you to verify you are who you say you are. On the other hand, if you refuse to provide information, you will not be permitted to fly. This process had begun with Mr. Mocek, but was not completed. Without an ID that matches the individual holding the boarding pass, we can’t be sure the passenger has cleared government watchlists. TSA blog. http://blog.tsa.gov/2011/01/new-mexico-v-phillip-mocek-quick.html
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