13 March 2005. Thanks to C.
--------- Forwarded message ---------- From: Brad Barnhill <bradbva at mindspring.com> To: PersonalOdyssey <PersonalOdyssey at yahoogroups.com> Date: Thu, 10 Mar 2005 22:40:15 -0800 Subject: [PersonalOdyssey] No requirement for ID to fly -------------------------------------------------------------------~-> I had to fly out to Kansas to help with the final arrangements for my last grandparent. I decided to challenge the ID requirement with the Gestapo. I printed a boarding pass thru the website for the airline, so that I did not have to go to the ticket counter. I packed my belongings for travel in one suitcase so that I did not have to check a bag. If you avoid the ticket counter at check-in, then you avoid the one of two places they can ask for ID. They can check at the ticket counter and at the gate. Because the requirement for ID is in your contract of carriage with the airline, not with the Gestapo. There is no statutory or regulatory requirement for anyone to show photo ID to the TSA. It flat out does not exist. I have an FAA flyer document in the Files section of Personal Odyssey. It contains ALL of the law on this matter. There are only two ways you can be denied boarding. One is to refuse to show ID to the AIRLINE--contract of carriage. The other is to refuse to consent to a search by the TSA--statute and regulation. So be prepared to not refuse either to the appropriate "person." Anyway, I bypassed the ticket counter entirely. Got in line for entry to the "sterile area." It was pretty busy near noon time in Vegas for outbound flights, the line was pretty long, and the "snake" line inside the sterile area was longer. It took about ten minutes to get the the entry, and I noticed that most people at the end of the snake when I arrived had not progressed very far at all. When I got to the entry, the person there was not TSA, she was a rental cop. Pretty fuscia jacket and all. Handed her my boarding pass and an FAA flyer from the site. She looked at me and asked for ID. I asked her why. She was dumbfounded. Took her awhile to say, I need to know who you are. Let me introduce myself. I am called Brad. How else can I help you? I need to see your driver's license. Do I need to have a license to drive in order to board an aircraft? I ask. Silence. You have to show me identification. I would be pleased to show you identification as soon as you show me the statutory or regulatory requirement to do so. So she closed her position by pulling the band across the entry and walked me over to someone more "experienced." Got some dirty looks from folks behind me in line. The new guy was not TSA. Gave him a flyer. Pretty much the same conversation with the new guy. He closed his position and walked me over to the next person. Got a "Thanx a lot buddy." from someone in line. Told him that my essential liberty was more important than his temporary safety. The next person was older, but just as clueless. Handed her a flyer. Same conversation. She was talking to another much older woman. Collectively, they had no clue. They discuss whether they should call Metro (police). I asked them what law was I breaking. I told them if they had me arrested that would be a shame, when all they have to do is call over the TSA. They paged the head honcho TSA guy. Took him a little time to get there. I introduced myself and handed him my boarding pass and a flyer. Do you have ID? he asked. Sure, I said. Are you refusing to show the ID? No, I am not refusing, I am simply asking for your statutory or regulatory authority for me to do so. Without blinking, he walked me to the head of the first class line and asked me to put my stuff on the belt. He told the girl at the metal detector that I was designated as a selectee. I thanked him and he went about his business elsewhere. They guy that showed up to hand search me asked if I was wearing a pacemaker or had some implant. I said no, I did not. He was pretty confused, as it was apparent that they were not taking folks out of line for a hand check. He wanded me down and patted the spots on my jeans where the metal rivets were located. I had to loosen my belt and he checked the belt and inside my waistband. He then told me he was going to pat down my upper torso. I asked him if he had some kind of probable cause to believe I was carrying some weapon when his wand had not alerted anywhere on my upper torso. He indicated that he did not, but that he wanted to pat me down. I told him that I could not refuse the search, but that I objected to what I considered to be an unreasonable search, given the circumstances. He patted me down anyway. Next my bags were completely emptied, all of the contents where swabbed and run thru their chem detectors. All of the electronic equipment was swabbed and sniffed as well. They did not unwrap my lunch that was wrapped in aluminum foil. The girl repacked my bags and I asked her if I was free to go. She said yes. The guy that had fussed at me was still on the other side of the metal detectors. I had gotten thru before him. The airline did not ask me for ID at the gate. Somebody call John Gilmore and show him how to get on a plane without showing ID. It is not about refusing to show ID. It is about contracting to show the ID after they provide the requirement. I wonder if any of the TSA read their flyers. I think I am going to file a suit for declaratory judgment as to whether the search was unreasonable under the circumstances. Cost them more than it costs me. B Only Brad can post messages to PersonalOdyssey. Should you wish to post a message, then send it to PersonalOdyssey-owner at egroups.com I will edit out your email address and other identifying information, and post it with my reply.