Is Opting Out an option

The first reviews are in about the Transportation Safety Authority's new Full Body Scans and Pat Down Procedures.  The  TSA is claiming most people have no problem with the scan and consider it no big deal.  How do they know this?  They're claiming only one percent of airline passengers are "Opting Out" of the scan in favor of the Pat Down.  It hasn't occurred to them that Americans might hate both... but consider the Opt Out Option worse than the hated full body scan.

The truth of the matter is TSA employees seem to be making the pat down down procedures as offensive as they possibly can..  Homeland Security Secretary Janet Napolitano is dismissive,

"I think we all understand the concerns Americans have," Napolitano is quoted as saying by The Associated Press. "It's something new. Most Americans are not used to a real law enforcement pat-down like that."

The implication is clear.. We'd better get used to it.

We've all seen the videos;

Children being touched in ways that would send anyone except a TSA employee to jail as a pedophile.

Women's breasts twisted..

A man forced to travel in urine soaked clothes after a TSA employee managed to pull off his urine bag during an overly aggressive pat down.

I wonder what would happen to a  real law enforcement officer conducting a real law-enforcement pat down who touched a child like that or ripped off a cancer patients urine bag?  It's clear, either the TSA agents need a lot of training or this is a policy designed to make people accept the scan rather than get roughed up by a  TSA Thug. . In short, they want to make optioning out, not an option.  When asked by a reporter about the pat downs President Obama had this to say..

"I understand people’s frustrations, and what I’ve said to the TSA is that you have to constantly refine and measure whether what we’re doing is the only way to assure the American people’s safety. And you also have to think through are there other ways of doing it that are less intrusive,"

Yes Mr President there are other ways, check with the Israelis.  whoops, they use behavioral profiling..  The  Council on Islamic American Relations has said they consider that offensive.  In fact as it stand at the moment, Muslim women, unlike everyone else, may pat themselves down.  Guess it's alright to intrude on the privacy of anyone except the people most likely to try and bring down one of our Aircraft.


There's another little issue at play, not one that seems to bother this Administration to any great extent, but the United States Constitution is very specific about searches conducted by the government..  The writers devoted the entire Fourth Amendment the subject..

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

In my blog yesterday I mentioned that we're being told the Fourth doesn't apply because we don't have to fly,  that's true, we don't.  I quit flying when they decided people could no longer smoke on commercial aircraft.  Clearly that's the easiest way to avoid airport hassles to begin with.  If you can arrange the time, get in your car and go..  If enough people do that.. the TSA will have to think about their policies..

The truth of the matter is we cannot forget the Fourth Amendment at airports or any place else.  Islamic Terrorists have attacked trains, subways a school in Russia was attacked a few years ago with a considerable lose of life.  There were at least sixteen terrorists involved in the September 11, 2001 attack.  If someday  16 bombs go off  16 different shopping malls, do we include shopping malls Constitution Free Zones?  We have medal detectors at most Court Houses now..but some of this stuff can't be found by a metal detector.. so do we add enhanced screening at Court Houses?  What about Elementary Schools? Aren't they a possible target?  I don't want to forget Times Square..

There is no end to places were dozes are even hundreds of people could be killed by a single explosion.  Most are much easier targets than trying to get a person and explosives through  an airport and on to an aircraft.

Opt Out Day

Hopefully I made my point, because what I'm going to say next might sound a bit contradictory.  Tomorrow, November 24 is the busiest travel day of the year..   There has been a great deal of talk about making it Opt Out Day at the Airports.  The theory is simple and effective, if enough people Opt Out of the the Full Body Scan, then the TSA will be overwhelmed.  It the TSA is overwhelmed it will  create havoc throughout the entire Commercial Avation Network for the entire day.

It could work, and the TSA has it coming, I won't argue that.  What I'll argue is this;  It will hurt millions of Americans who don't "have it coming".   It wouldn't hurt my feelings a bit to see Janet Napolitano having to explain the incompetence of  her Department of Homeland Security to the American People... She's had that coming ever since she decided America's Veterans and Christians were more dangerous than the the Fort Hood Shooter or the would be Times Square Bomber.

On the other hand we'd have the kids who might miss there one chance to see Grandma, or the American Soldiers who might not make it home for Thanksgiving.  Think about the Parents, stuck in an airport with an infant..  Thirty Million people will be furious at the protesters instead of the TSA.  Right now the political momentum is for Congress to Fix this.  A mass protest won't make people sympathic to the TSA, but it could alter the political will.  If you are planning to Opt Out as a gesture of protest, you might want to reconsider.

Besides I have full faith and Confidence in the Administration, Homeland Security and the TSA, they'll muck it up all by themselves..  Then the rest of us can write out brand new Congressman and ask why these people are still running things.