Texas Legislature Looks To Make TSA Groping Procedures Illegal

from the don't-mess-with-texas dept

We've discussed an attempt in New Hampshire to make TSA agents liable to be accused of sexual assault for patdowns, and now we learn that a bill is making its way through the Texas legislature that would criminalize the aggressive groping procedures, if there is no "probable cause." That choice of words is obviously quite intentional, as the idea is to refer back to the 4th Amendment. Unfortunately, courts have not found that such airport searches violate the 4th Amendment, though they've become ever more intrusive over the years.

The big question, of course, is what happens if this bill passes and becomes a law (apparently it has a large number of co-sponsors). It would create a difficult position for TSA agents in Texas, and I imagine a lawsuit would eventually be needed to resolve things. But all of that depends on whether or not the bill will ever actually pass. I could definitely see the White House putting pressure on Texas' governor to veto the bill... Still, with various states now looking to pass laws against these procedures, isn't it time the administration and the TSA reconsider these procedures?

Filed Under: groping, texas, tsa


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  1. icon
    Matt (profile), 3 May 2011 @ 9:49am

    Re: Re: Re: Re: Hmmm

    I guess I have two points, congress on the TSA or FAA controls the budget so removal of federal funding would probably be unlikely.

    My contention is that if the FAA did remove permission to fly to or over Texas it would be so unpopular heads would roll (figuratively speaking). I would also argue there is at least one person in the administration that would recognize just how bad of an idea it is or at least know someone who does.

    I'll also wager that the law wouldn't be used to target employees themselves since most of those TSA employees affected by the law would likely be residing in Texas as well.

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