Texas TSA 'Groping' Bill Would Criminalize 'Enhanced Pat-Downs'

SAN ANTONIO, June 20 (Reuters) - Texas Gov. Rick Perry on Monday added to state lawmakers' special session agenda a measure that would criminalize "enhanced pat-downs" by Transportation Security Administration agents at airports in the Lone Star State.

The bill died during the regular session of the Texas Legislature, which ended May 30, and the Republican governor -- who is thinking of running for president -- has been under pressure from conservatives and Tea party groups to ask lawmakers to reconsider the measure. During special sessions, the Legislature may only consider items that the governor puts on the agenda.

"I am grateful that the governor heard the calls of the people demanding that lawmakers stand up for the liberties of Texans," Wesley Strackbein, a conservative activist and founder of TSATyranny.com, told Reuters. Strackbein said he traveled to the Republican Leadership Conference in New Orleans over the weekend to confront Perry on the issue.

The bill would make it a Class A misdemeanor -- punishable by up to a year in prison or a $4,000 fine -- for a TSA agent to "touch the anus, sexual organ, buttocks, or breast of another person, even through that person's clothing" for the purpose of "granting access to a building or a form of transportation."

TSA pat-downs have drawn some high-profile criticism, including from former Miss USA Susie Castillo, who said in a widely-viewed online video. that she felt "molested" by a pat-down at Dallas/Fort Worth International Airport in April.

The proposed law passed the Texas House during the regular session but was pulled off the Senate floor without a vote after U.S. Attorney John Murphy circulated a letter to senators warning that TSA has the authority to prevent airplanes from taking off from Texas airports if the agency cannot certify that they are safe.

In a blog on its website, TSA pointed out that the supremacy clause of the U.S. Constitution prohibits states from regulating the federal government.

"We, transportation security officers in particular, are trying to work in partnership with the traveling public to make you safe on flights," the blog says. "Work with us to provide the best possible security. That's all we ask."

(Editing by Corrie MacLaggan)

Copyright 2011 Thomson Reuters. Click for Restrictions.

Comments

[Mary E Tormey]

10:30 PM on 08/12/2011

Rick Perry I hope you will support the constitution on all fronts and admit you made a mistake, with the T-map plan. Forced drugging is extremely inhuman. I was a tax paying citizen before Risperdal, now I have to live off the government. I was found fit to proceed and all the charges where dropped but no one can undo the damage that has been done. You are a leader and other states have followed Taxes please turn away from this unconstitutional plan.

[dbrett480]

02:24 PM on 06/25/2011

The TSA officers are in a tough spot. If they stop the enhanced pat-downs and someone gets through with weapons, they will be criticized for not doing their job. But if they continue the enhanced pat-downs, they get accused of violating people's civil liberties. I would hate to work for the TSA as they are in a no-win situation.

[GomezAddams]

11:27 AM on 06/22/2011

Perry 2012
Vote 4 Me
And we will secede

[Stmugrad]

10:53 AM on 06/22/2011

Never-mind the abysmal education system in Texas folks...I'ma runnin for pressdint!!! I will protect your anus

[bradenton]

08:00 AM on 06/22/2011

Rick likes all men. Really.

[SYR]

07:08 AM on 06/22/2011

The TSA is doing it's job and not with the intent of feeling up a bunch of people, most they would prefer never to touch! They are protecting us and hoping to prevent a whacko from blowing us up into tiny particles.

[Doug Holmes]

04:29 PM on 06/24/2011

There's no apostrophe in the possessive form of "its." The 4th amendment grants us protection from unreasonable search or seizure from the government. The mere fact that a government agency is performing searches without probable cause or warrants should be making you absolutely livid. However, it appears to me you're a Statist boot-licker.

This problem could be easily solved by dissolving the TSA and let the airports conduct searches, obviously through a private security agent.

You know, someone you could actually sue/fire for stepping out of line.

[nickt1911]

03:42 AM on 06/22/2011

For eight years under Bush, HuffPo posters were righteously ticked off about the TSA's violations of our 4th Amendment rights. Now the occupant of the Whitehouse has changed, and HuffPo posters are defending this sort of thing? How disappointing.

[Cindy Tregan]

01:13 PM on 06/22/2011

One must always remember that there is no means available to "moderate" whether someone actually is a Democrat or Progressive or Lib'rul - other than their own statements. I too find it disappointing that HuffPo commenters are feeding the Fearmonger Beast by denigrating this legal challenge to what I believe is an illegal, unconstitutional policy by the TSA.

Even if it IS Governor Goodhair that wants it to pass. Even a broken (analog) clock is right twice a day...

[OMinOC]

01:04 AM on 06/22/2011

A Texas governor with a worse record than Duh-bya? This is really the way Republicans want to go?

[KarasudaJay]

11:42 PM on 06/21/2011

I find it amazing that the USA PATRIOT Act is so terrible, but the TSA A-OK to people here. Let's be honest, this has nothing to do with TSA for most people. It has everything to do with their guy in the White House and a GOP governor (from the South even!) criticizing a federal program which has spent billions and has not yet been proven to do anything other than invite lawsuits, hire rapists, and steal things from passengers.

[dpooch]

11:31 PM on 06/21/2011

So Perry is now soft on terror. And he wants to let underpants bombers get on planes. GOPers are no matter how silly anti-Obama. If Obama says do not drink your own pee. GOPers will come out with the Drink More Pee Party.

[Doug Holmes]

04:32 PM on 06/24/2011

The constitution is soft on terror? TSA is in direct violation to the 4th amendment. How about we use private security agencies to conduct these searches, that way when they step out of line we can take care of them without someone challenging our "patriotism" and "love of America."

[GoldwaterKid]

11:00 PM on 06/21/2011

This article is not about Rick Perry, but whether or not, we as traveling citizens, are going to allow someone to touch our bodies?

Local Police do not have this permission. Only if you get booked do they 'touch' and check all areas.

[maninaustin]

10:49 PM on 06/21/2011

If this gets through the Texas Senate, then it's going to get ugly here in Texas. If they make it a crime for the TSA agents to do their job, then they won't do it. And people are not going to get into the boarding area. It will be mayhem. And it would start the second the bill became law.

This is a bad fight for Perry to pick. And he's doing it all wrong.

[camelias and sweet tea]

08:03 AM on 06/22/2011

Some airlines may want to discontinue service to Texas, for safety.

[WestCoastftw]

04:06 PM on 06/23/2011

Airlines hate these procedures as much as the passengers, the US Air pilots union threatened TSA with a lawsuit when the back-scatter machines where first announced. Your hypothesis simply won't happen.

[WestCoastftw]

04:09 PM on 06/23/2011

Given that DFW and Houston international are two of the largest hub airports in the US this is an empty threat. The Feds can't cripple air traffic across the county because they want to grope people (instead of using legal methods like dogs). Perry is correct to call this obvious bluff.

[nappyman]

09:34 PM on 06/21/2011

Should be interesting. Would they sue the federal government? Or do passengers sue the state?

[imusintheevening]

09:31 PM on 06/21/2011

Getting Frisky?

Time for a little tap,.tap,...tap in an airport bathroom? FLMAO

[Robert Turner]

08:30 PM on 06/21/2011

In Texas, we can carry a firearm but don't you dare feel around to see if you can find it.