Are Americans Fed Up With the TSA?

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Despite privacy concerns, an appellate court has ruled these scanners constitutional

With summer travel season upon us, many Americans are buying 3 ounce shampoo bottles, packing their overnight bags and heading to the airport.

But as two recent cases have shown, the Transportation Security Administration’s unpopularity with American travelers is approaching an all-time high.

First, there was a ruling on the constitutionality of the Transportation Security Administration’s (TSA) use of bodyscans which — pardon the pun — flew under the radar. The lawsuit was brought by a privacy group which claimed the x-ray scans violated Fourth Amendment protections against unreasonable searches.

A D.C. appeals courts rejected that notion unanimously.

Body scanners are “capable of detecting, and therefore of deterring, attempts to carry aboard airplanes explosives in liquid of powder form,” the court found. These scans may be invasive, the court said, but the usefulness outweighs the privacy concerns.

Still, the court also noted the TSA did not give the public proper notice before rolling out its controversial body scanners. The TSA, much like the FCC, is an agency of the government and new, wide-ranging policies are required to go through a so-called public comment period. These periods are in place for independent government bodies to hear concerns and reservations about policies they are considering implementing and can best be likened to Town Hall meetings. Widespread public outcry sometimes prompts agencies to alter or scrap their plans.

The group which brought the suit hopes this public comment period will force the TSA’s hand. After all, plenty have voiced concerns that the TSA’s policies are invasive but, if you want to go on vacation this summer, it’s something most of us simply have to deal with.

Yukari Miyamae, accidental revoluntionary

Unless you’re Yukari Miyamae, that is.

The elderly Colorado resident was arrested last week after she admitted to “squeezing and twisting” a TSA Agent’s breast in a Phoenix airport. Her assault came after refusing to undergo the same TSA screening the D.C. appellate court ruled was constitutional.

And yes, you read that right: “assault.” The Phoenix police department detained Miyamae on felony sexual assault charges.

Then a strange thing happened: her case went viral. A Facebook page called “Acquit Yukari Mihamae” [sic] gained nearly 4,000 followers in the span of a few days. News organizations starting running with the story. Miyamae’s face started popping up on national broadcasts.

“She sincerely appreciates the support,” said Jude Golden, the Colorado-based lawyer representing Miyamae in court.

Perhaps in reaction to the support, but likely because Miyamae’s actions didn’t meet the criteria for sexual assault, the felony charges against her were dropped yesterday. Misdemeanor charges could come, if Phoenix prosecutors decide to press ahead.

So what can we take away from these two stories? Admittedly, they’re quite different. But both distill down to a deeper worries about privacy and needless intrusion. We don’t condone being physical with enforcement agencies (or anyone for that matter), but the TSA would do well to examine the roots of these frustrations. There’s surely a way to be safe with a little more dignity.

Related articles

• Support Surges for Alleged TSA Agent Groper (abcnews.go.com)
• No felony charge in Arizona TSA agent groping case (seattletimes.nwsource.com)
• Airport Body Scans Can Continue While U.S. Seeks Comment (sfgate.com)