4 ms·

Did you read the link? If you think all of these things "suck", why would you be opposed to FOIA for essentially all of the TSA's policy & procedures documents

Did you read the link? If you think all of these things "suck", why would you be opposed to FOIA for essentially all of the TSA's policy & procedures documents which is what he plans to do? There might be no legal remedy, but certainly a "public opinion" one. He also doesn't want to pursue anything on the grounds of their procedures or policy, but the ADA / Rehabilitation Act, and this is where all of us need to excuse ourselves into IANAL.

SoftwareMaven 14y ago
The FOIA request and the threat of lawsuit are very different things. He's using TE former to attempt to bolster his claims for the later (which, if he can get the info, is a good strategy).
DannyBee 14y ago
Of course I read the link, he FOIA'd, filed ADA complaints, and is threatening a lawsuit. So, in order: 1. FOIA will get him some documents in about 3-4 years. Maybe. It'll take a while, and he'll get the old copies. 2. The ADA filings will do nothing. the ADA specifically exempts travel by aircraft when it comes to accommodations for forms of public transportation. It also does not say anything about US Government administrative searches. He would actually have to try to find something under the ACA (Air Carrier Access act), and there is nothing there. Any sane disability lawyer will tell him the above. This is all bluster for a a 1983 lawsuit, however, .... The 1983 lawsuit is probably a non-starter on the 4th amendment side. You'd have to show the TSA's actions are contrary to clearly established federal law. At least on the facts seen so far, they aren't, and courts have generally agreed to this. If they had arrested him, maybe he'd have a 1st amendment claim like Tobey does (so far) in Tobey v. Jones. But again, even sympathetic courts so far have thrown out most 1983 actions for 4th amendment violations against the TSA. 3. I am a lawyer, actually, so I don't need to excuse myself. I've actually even got a ADA recognized disability and have actually fought fights under the ADA. (though, in the interest of full disclosure, my normal day job now is IP law, i have dealt with plenty of constitutional law :P) In any case, i'm opposed for the reasons I stated in the first reply: He is, IMHO, unlikely to accomplish anything except making bad law through the above. Even his video is causing divided public opinion in this very thread. If you want to have a chance of doing something right now, you need the old disabled war vet who is being strip searched because blah blah blah. It's certainly his right to pursue what he wants, but I personally don't see it as helpful to the cause.
- tptacek 14y ago
  Thank you for this comment, and for taking the time to spell this stuff out.

SoftwareMaven 14y ago

The FOIA request and the threat of lawsuit are very different things. He's using TE former to attempt to bolster his claims for the later (which, if he can get the info, is a good strategy).

DannyBee 14y ago

Of course I read the link, he FOIA'd, filed ADA complaints, and is threatening a lawsuit. So, in order: 1. FOIA will get him some documents in about 3-4 years. Maybe. It'll take a while, and he'll get the old copies. 2. The ADA filings will do nothing. the ADA specifically exempts travel by aircraft when it comes to accommodations for forms of public transportation. It also does not say anything about US Government administrative searches. He would actually have to try to find something under the ACA (Air Carrier Access act), and there is nothing there. Any sane disability lawyer will tell him the above. This is all bluster for a a 1983 lawsuit, however, .... The 1983 lawsuit is probably a non-starter on the 4th amendment side. You'd have to show the TSA's actions are contrary to clearly established federal law. At least on the facts seen so far, they aren't, and courts have generally agreed to this. If they had arrested him, maybe he'd have a 1st amendment claim like Tobey does (so far) in Tobey v. Jones. But again, even sympathetic courts so far have thrown out most 1983 actions for 4th amendment violations against the TSA. 3. I am a lawyer, actually, so I don't need to excuse myself. I've actually even got a ADA recognized disability and have actually fought fights under the ADA. (though, in the interest of full disclosure, my normal day job now is IP law, i have dealt with plenty of constitutional law :P) In any case, i'm opposed for the reasons I stated in the first reply: He is, IMHO, unlikely to accomplish anything except making bad law through the above. Even his video is causing divided public opinion in this very thread. If you want to have a chance of doing something right now, you need the old disabled war vet who is being strip searched because blah blah blah. It's certainly his right to pursue what he wants, but I personally don't see it as helpful to the cause.

tptacek 14y ago
Thank you for this comment, and for taking the time to spell this stuff out.