Should Airport Pat Downs be a Felony? Texas Thinks So
Thanks to some well-publicized (and visually supported) PR disasters from the Transportation Security Agency, the topics of invasive pat-down procedures is the story that keeps going. Leave it to Texas legislators to fan the flames with a proposed state bill that would make pat downs a felony.
Under the proposed Texas legislation, it would be a felony for a security officer to intentionally touch someone's private areas -- even on top of clothing -- unless that office had probable cause to believe the person is carrying something illegal.
On May 13, the state House of Representatives unanimously approved the legislation, which effectively applied sexual-harassment statutes to TSA agents who conduct pat downs without probable cause.
I understand the emotion behind the suggested law, but for all practical reasons, it's not only unlikely to pass the legislature, it's almost entirely impossible to implement.
The bill essentially died when the U.S. Justice Department sent a letter to the Texas Senate threatening to shut down Texas airports if the bill passed.
But now it's back, at least according to statements from the bill's primary sponsor, Texas State Representative David Simpson. And with any luck, it will die again.
Why Criminalizing Searches Is A Bad Idea
From a legal perspective, we all want great airport security. Even given the instances of overzealous TSA agents doing invasive pat downs of young children and senior citizens, we really can't criminalize searches that are essentially required under federal regulations and in essence conflict with existing federal law.
If, on the off chance, this bill actually passes and the governor of Texas signs it into law, I wouldn't advise flying to Houston, DFW, or any other Texas airport soon.
Why? The TSA would first seek a court order to overturn the law, and while waiting for that hearing, would almost certainly shut down Texas airports entirely, claiming that the law itself presents a serious security risk. The agency would justify that decision claiming it could not ensure the safety of passengers and crew.
A Better, Long-Term Solution
There needs to be a much better, more appropriate middle ground here.
What we need to do is have better training of TSA agents, and also allow them the leeway to actually think with discretion, as opposed to being put in the position of having to perform as robotic morons.
That's what we're faced with now: TSA management that has historically not allowed its front-line people to actually think.
Take a dedicated TSA agent (of which there are many) and insist that one size fits all, and you don't have security, you have stupidity. Couple that with instances of by-the-book invasive pat downs of little kids or seniors, and you have a public relations disaster.
For the moment, the Lone Star State not withstanding, it's business as usual at the TSA and at the airports. and let's just hope for better common sense from the TSA, as well as from some legislators.
What Travelers Should Do
Road warriors already toughen up when it comes to the rituals of airport security. Like the George Clooney character in Up in the Air, we know certain things we must do -- and never do -- before ever entering an airport security line.
- Don't stand behind families and kids and strollers.
- Avoid first-time vacationers, who are almost always loaded down with lotions, potions and of course extra bottles of water.
- Look at the staffing in front of the security monitors, not the length of the lines themselves. Any time there are two TSA agents manning a screen, we avoid THAT line at all costs, because that invariably means one of them is training, and every single bag will be looked at on that conveyor belt for 5 minutes.
- Listen Up, Pat-Down Protesters! These Furious Fliers Know How to Fight Back
- Train Security: Is a "No-Ride" List Needed?
- Why Not Pat Down the Cargo? That's the Real Security Threat
