Texas TSA Anti-Groping Bill a Tease for Travelers

Posted June 21, 2011 in Uncategorized by Arthur Buono

If Texas Governor Rick Perry has his way, travelers at Texas airports won’t face enhanced pat-downs at TSA security checkpoints. He’s called for the state legislature to pass a law making it illegal for TSA agents to touch your private parts. Gov. Perry is a Great Man who wants to help you (and be the next President).

  • Texas governor pushing bill to prohibit TSA "enhanced pat-downs"
  • Supremacy Clause of Constitution presents an obstacle here
  • Even a civil battery is excused when committed with legal authority
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Texas Law Unlikely to Trump Federal Authority

I can go Gov. Perry one better, and help you right now. If Texas can enact a valid law making the authorized actions of TSA personnel illegal, we can make a lot of money. All you have to do is send $149.95 plus shipping and handling to me right here at Lawyers.com for the full kit*. But here’s a preview.

If enhanced pat-downs can be a crime under state law, they can be a civil tort too. It’s battery. Battery is an unlawful touching to which you do not consent. Even though you must permit the touching to get on that plane, you’re not consenting to it. You’re submitting to it under duress, and that’s different. Keep that in mind for it may come in handy some day.

For now, you don’t stand a snowball’s chance in Brownsville of winning this case. Even a battery may be excused if committed by a government official authorized to do such things. If TSA’s enhanced pat-downs or imaging are unconstitutional, as claimed by this Constitutional scholar, these officials are still immune from suit for now. Until a court says something like this, they haven’t got any reason to believe what they’re doing violates your rights.

*Only kidding.

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