National Opt Out Day

The Wednesday before Thanksgiving is generally a very busy day for air travel. National Opt Out Day is an effort to make this day a living hell for all of the air travelers who don't seem to mind being a porno star or getting sexually assaulted.

I went to cafepress.com and designed a t-shirt for myself. On the front is the largest Gadsden Flag graphic I could find and the following message:

I Consent to a Search

Not to Sexual Battery

On the back, I found this really nice graphic at Reddit.com revealing the Statue of Liberty via the new full body scanners:


But I digress. My post today deals more with the procedure that can be used in order to maximize the chances of succeeding when you eventually sue these retards for deprivation of rights.

The First rule is: Consent to a search. This is required. If you do not consent to a search, then you cannot get into the sterile area. Therefore, just about every other thing that comes out of your mouth needs to be:
"I consent to a search, not to sexual battery."

The Second rule is: Show it to me in writing. You see, in order for a "rule" to have general effect or to affect substantive rights, the "rule" has to be promulgated in accordance with the federal Administrative Procedures Act and the federal Register Act. This means that the rule has to be published for public comment for couple of months before it can be added to the Federal Register, and later published in the Code of Federal Regulations. The "rule" written by the TSA and being imposed is not a published regulation. Therefore, no one can be forced to obey it.

The Third rule is: Be nice. No one gets what they want by being nasty. Make them get nasty. Stay cool. Hold your ground. Repeatedly express the First and Second rules.

The Fourth rule is: Arrive with friends and cameras. It cannot be illegal to photograph that which can be seen by the public. They will try to stop you, and you should stop when told, but if we all have our cameras out, they can't stop everyone. I would even send someone through first, who has both a camera and audio recording equipment (careful, though, there are some states where you cannot record a conversation between others). When I am being subjected to secondary screening, I will ask you to be my witness.

I commission you as a witness, do you accept your commission?

Bear witness for each other. Write down names, take down physical detailed descriptions, whatever you can do to record who are the goons who are abusing your rights.

Aftermath: Expect to be refused boarding. Expect to be frog-marched out of the airport. Expect to be detained and questioned. Expect to be intimidated by the goons and by the traveling public (they don't care about their rights, they want to catch their flight). Expect the police to be present and to intervene. In fact, if police do intervene, I would commission them to bear witness and to arrest the perpetrators for attempted sexual battery. If the police say that the TSA is "doing their job, remind them of Nuremburg and demand to see the written law enacted by Congress or the published regulation in the Federal Register or the Code of Federal Regulations that requires that you consent to sexual battery. Get the names of the police that become involved. There is a regulation that keeps the TSA personnel from being identified, but cops are a completely different matter.

Here are the steps that I would take when I got home.

1. Send a state FOIA request to the airport authority for a copy of the videotapes from the checkpoint. Make sure that you have the date, time, length, and place correct. You use a state FOIA, because most airports are state or county territory, not federal territory.

2. Send a state FOIA request to the local police authority for a copy of the incident report. If you request a copy of an privacy authorization, they have to give it to you unredacted.

3. File a federal tort claim against the TSA any any agents you can name for sexual assault, and deprivation of rights contrary to their oaths of office. You cannot make a Section 1983 claim against federal officials, instead you file a Bivens complaint against them. The tort claim application will be eventually denied, and you have six months from that denial to file suit in federal court against the thugs for deprivation of rights.