Monday, August 10, 2009

Musings on Air Travel

I put Stumpy on a plane this morning bound for Michigan. We don't have the usual identification, so we got there early so she would be able to deal with the Air Nazis and still make her flight.

It should be easier to get onto a plane now that Steve Bierfeldt has sued DHS Secretary Janet Napolitano in the USDC for the District of Criminals.

Bierfeldt and others have been unlawfully detained for either not having "acceptable" identification or they have some "suspicious" items on them (other that weapons or explosives). The TSA likes to play Twenty Questions with folks like this and will essentially deny boarding to anyone that challenges the procedure.

A Personal Odyssey member had some problems boarding back in May. I corresponded with him with respect to his predicament, and let the matter drop, as I was not prepared at that time to pursue all of the research necessary as to whom to sue, what the nature of the suit should be, and the venue of the suit.

Bierfeldt's suit is against the DHS Secretary, in the USDC for the District of Criminals. This answers the first and the third question, but not the second. What is the cause of action?

Bierfeldt's suit is essentially one for declaratory judgment and injunctive relief. He is not seeking monetary damages (as he would have to first file a Tort Claim pursuant to the US Tort Claims Act), just a simple declaration from the judge as to whether he has to submit to questioning that has nothing to do with whether or not he is carrying weapons or explosives, whether the TSA agents' actions were arbitrary and capricious, and to order Napolitano and the Minions of the Beast she directs to stop harassing him when he is traveling by air.

I will be following this suit closely to see how it proceeds. I suggest you do the same.

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