John Tyner: “If You Touch My Junk, I’ll Have You Arrested” (UPDATED: $10,000 Fine & Senate Hearing, Pirate Party)
The Pirate Party International started following me on Twitter a few days ago, and I wish they had directly emailed me that they were going to do this:
Nude Protest: Airport Body Scanners in Germany
The Senate CST Committee has called a hearing on Wednesday, 17th to take a peek at the oversight of TSA. Considering John D. Rockefeller is the chairman, don’t expect too much…
Jena Longo – Democratic Deputy Communications Director (202) 224-8374
Nov 17 2010 10:00 AMRussell Senate Office Building – 253
WASHINGTON, D.C.—The U.S. Senate Committee on Commerce, Science, and Transportation announces the following full committee hearing on Transportation Security Administration oversight.
(Any minute now there will be a ban on video cameras everywhere the Gestapo operates….)
When John Tyner refused the full body scan, he was informed by a TSA gestapo agent that during his full body pat down his groin area was going to be checked which prompted his statement, “if you touch my junk, I’ll have you arrested”.
Mr. Tyner does not plan to fly anymore and believes that more people are taking the same route that he is by traveling by car, bus or train. It also appears that Mr. Tyner was just trying to leave the airport and was not traveling that day.
There were a few people standing around the ticketing area as I tried to leave. Those men told me that I had to go back into the screening area to finish the screening, and I refused. I told them, I’ve already…I don’t have a ticket, I’m not going to be flying today, I’m trying to leave the airport, and I’m not going to be screened as a condition of going on my way and leaving.
If You Touch My Junk, I’ll Have You Arrested
It appears that TSA is going to fine Mr. Tyner $10,000 for not submitting to their screening. Here’s the full story from PeoplesVoice.org:
At the San Diego International Airport yesterday, about one-fifth of the travelers were selected for sexual assault by transportation security agents. Though TSA’s website did not list SAN as one of the airports employing the carcinogenic naked scan or a full body rub down, one man was told his refusal to submit would result in a civil law suit and a $10,000 fine. Under 49 CFR Sec.s 1540.105 and 1540.107, as summarized in these 2004 TSA Sanction Guidelines, apparently TSA has Congressional support to fine people for refusing to submit to molestation.
John Tyner posted his video of the incident and described in detail the experience. At about 3:50 into the first video, Tyner tells TSA agents:
“If you touch my junk, I’m gonna have you arrested.”
“Upon buying your ticket, you gave up a lot of your rights,” said one TSA agent (~8:34).
“The government took them away after 9/11,” he countered.
His father-in-law tried to convince the agents to allow him to be screened by the metal detector since he has an aversion to the x-ray machine and to having his genitals touched by strangers.
“We have our procedures, Sir.”
Agents then filled out a report of the incident, taking down his name and other details. (Second video)
Transportation Security Manager David Silva told agents to have Tyner escorted from the airport. But after his ticket was refunded, he was again detained by security personnel who continued to question him.
In the third video, Tyner’s camera caught the agents on film as they huddled some distance off from him. Here’s where Orwell rises from the dead. In the third video, we see one of the suits using doublespeak:
“For your benefit, can I get a contact number?”
“For my benefit?”
“I think we’re done.”
“Actually, Sir …”
“My benefit has been achieved.”
“No, Sir, I’m trying – I’m trying to get you, give you some mitigating factors, in your – in your favor. Cooperation is one of those mitigating factors.”
“I’m sorry, what mitigating, mitigating what?”
“Remember the, remember the civil penalties I told you you could be subject to for failing to …”
“So are you going to subject him and this officer and the four TSA members who escorted me out to those same penalties?”
“No, Sir, I’m not.”
“They directed me to break the law and they escorted me out and told me my only choice was to leave the airport.”
“Tyner? Was that the name?”
“I think you’ve got a record of it back there. All my pertinent information is on the record you took.”
“I’m just trying to get the right to call you by your name. That’s what –”
“My name is John.”
Tyner then demands to leave while the suit continues to seek his cooperation.
“To what end?” John asked.
“To the end, to the end, to the end that it will look better for you when we bring the case against you that we’re going to bring, okay, if you cooperate.”
“You bring that case,” Tyner said, then walking out of the airport.
At the TSA website, at its Tips for the Screening Process page, TSA warns people:
“If a personal search is required you may choose to remain in the public area or go to a private area for your screening. If you refuse either option you will not be able to fly.”
It does not tell them they will be fined $10,000 for refusing both options.