Congress Won't Rein In The TSA; Maybe Kansas Or Maryland Will
Lisa Simeone blogs at TSANewsBlog that Kansas is joining a list of 11 states that have tried to rein in the thuggish and pointless gropers of the TSA:
Kansas is joining a list of states that are trying to curb the abuses and crimes of the TSA, since it's apparent that Congress isn't going to do it.Kansas State Representative Brett Hildabrand and 20 of his colleagues have introduced legislation that would make it illegal for the TSA to do what's already illegal if anyone else does it -- paw your genitals without your permission.
Maryland is another state that's trying. Simeone blogs:
In Maryland's case, Delegate Glenn Glass has proposed HB 1111. It prohibits:a specified public servant, while acting under color of the public servant's office or employment, from intentionally subjecting another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the public servant knows is unlawful, intentionally denying or impeding another person in the exercise or enjoyment of a right, privilege, power, or immunity, knowing that the conduct of the public servant is unlawful, or intentionally subjecting another person to sexual harassment; etc.The legislation defines sexual harassment in this case as:
intentionally, knowingly, or recklessly touching the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or causing physical contact with the other person when the public servant knows or should reasonably believe that the other person will regard the contact as offensive or provocative.A TSA agent violating this law could be charged with a misedemeanor, punishable by no more than a year in prison, or a fine of no more than $4,000, or both.
The problem, notes Simeone:
Even if this legislation passes, the first time it's challenged in court, it'll go down. Administrative search doctrine will be invoked.Still, it can't be a bad thing in the long run. Proposed legislation like this at least raises awareness, which is always necessary in a battle, especially since so many people around the country still don't know -- or don't want to believe -- what's going on in American airports, and which is spreading to all other types of transportation as well.
It also provides a baseline for further, more refined legislation down the line.








It's that last part you've quoted that I like:
"Proposed legislation like this at least raises awareness . . ."
and
"It also provides a baseline for further, more refined legislation down the line."
This, I think, is one of the beauties of our system of government - that we have both state and federal "battling" it out. And not just on this issue, but, on other issues as well.
That being said, let's hope that this does lead to change down the road.
Charles at February 17, 2013 4:04 AM
I expect this to go the way when Texas tried it.
Jim P. at February 17, 2013 6:07 PM
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