TSA to Court: Only Hear Our Version of the “Facts!”

Our fight against the nude body scanners has been going on for over 2 years now. In that time span, the merits of the case have never seen the light of day while 1.5 billion travelers have been subject to the hands of the TSA (quite literally). The U.S. Department of Justice, instead of working in the interest of justice, has instead spent the entirety of the time attempting to disenfranchise anyone who has sought court review and ensuring that review of TSA procedures is delayed and marginalized. They’ve challenged standing (whether or not the TSA affects me enough that I’m entitled to review), they’ve challenged jurisdiction (which court I can go in and when I can file), and here and there, they’ve compared me to a terrorist. Nice, right?

But last week’s filing by the government is the most blatant slap to the face the Fifth Amendment has yet received in those 2+ years: the TSA has asked the Court to decide my lawsuit to end the scans and groping solely by reviewing their “administrative record” — which of course contains only the “facts” as the government presents them. They’ve essentially asked the court to bar discovery, experts, witnesses, and any other source of facts, because the TSA knows it all, and will fairly present all the facts to the court.

I truly wonder what kind of person writes these government briefs. Who goes to law school to study the incredible history of American jurisprudence, including and especially the Constitution, to end up in a career where they fight to take away the rights of the citizens?

Corbett v. DHS – Motion to Transfer (.pdf) (My brief)
Corbett v. DHS – Motion to Transfer Opposition (.pdf) (TSA’s brief)

New York Attorney Needed

I’m looking for a NY-licensed attorney willing to donate about half an hour of his time to give me some thoughts on a new project I have going on that aims to curb abusive NYPD stop-and-frisks. I expect this project to be for stop-and-frisk what my video was for TSA body scanners. 😉

If you or someone you know fits that criteria, please contact me at: jon [at] fourtentech.com

New Petition + TSA Removes 91 Body Scanners

It’s been a crazy 2 years. I never really imagined myself as a civil rights advocate, but on November 16th, 2010, I found myself sitting in a South Beach bar unable to enjoy my evening because I was so disturbed by what had just occurred in our airports. I sat there thinking long and hard about how unbelievable it was that our government was now asking to photograph us naked if we wanted to enter an airport, and I eventually came to this poetic conclusion: “Fuck this shit!” I left my mostly-full drink on the bar and returned to my office at about 2 AM, and didn’t stop writing until the sun was brightly shining through my window. I made the 7 mile trek to the courthouse with my new documents on rollerblades across the Venetian Causeway, which is beautiful on a sunny day, in about 25 minutes. The friendly U.S. Marshalls for sure still know me as “the guy with the rollerblades.”

I’ve since had some crazy experiences (Getting kicked out of airports? Presenting my work to Congress? Seeing my name on Drudge Report?) and met some amazing people, who have encouraged and supported me to this 2 year anniversary. Our fight moves slowly, but I’m ready to keep going, thanks to you all!

Today, the Eleventh Circuit Court of Appeals, along with the Department of Homeland Security, will be opening packages with a brand new petition asking for judicial review of the TSA’s nude body scanner and genital inspection programs. This petition is the first to be filed in a Court of Appeals that squarely addresses the constitutionality of the body scanners, and will seek an immediate stay of the order. I’m excited that the merits of my case may finally be addressed! Documents are linked below.

Also, great news: the TSA has removed 91 scanners from active use, put into a notorous graveyard for expensive taxpayer-funded gadgets that the TSA refers to as a “storage room” in Texas. This storage room is the same place where the “puffer machines” of 2006 rotted until they were thrown out. My prediction is that these machines will never scan another person. It’s a great step forward!

Corbett v. DHS – Petition (.pdf)
Corbett v. DHS – Motion to Transfer (.pdf)
Corbett v. DHS – Motion to Stay (.pdf)

No Power But Petition Presses Onward

Just a quick note that electricity in lower Manhattan or not, the first draft of my new petition documents is completed. I’m going to spend the next couple of weeks adding sources and discussing with useful and interested parties, with a filing date of November 16th, 2012, which happens to be the 2-year anniversary of my first complaint and the very beginning of this blog!

Hard to believe it’s been 2 years!

The Pussification of America — Why We Should Play in the Rain

Emergency AlertsSunday afternoon, 30 hours before the hurricane is scheduled to hit Manhattan, there are cars with garbage bags taped to them. The subways are preparing to shut down. And I’m walking around looking for brunch past dozens of restaurants that are “closed for the hurricane.” That evening, the streets are empty and the East Village’s usually bustling nightlife is reduced to nothing, with half the bars closed and the other half empty.

My cell phone pops up multiple “emergency alerts” — text messages sent to my phone without my request from the local government, telling me of “mandatory” evacuations, flooding, and to “Go indoors immediately and remain inside.” Business contacts, friends, and family are exchanging messages of “be safe!”

So naturally, I went out exploring in the hurricane and enjoyed the night.

The city that never sleeps was — and still is — shut down now for over 48 hours by a Category 1 (the smallest category) hurricane centered almost 100 miles away. The “death toll” in this city of 8,000,000+, which has over 100 natural deaths on any given day, has reached about 12. Yet people were so afraid that they went out and bought weeks worth of food and water and then holed up in their apartments… unless of course they were asked leave their homes by their governments, in which case they happily obliged.

“Out of an abundance of caution.”

That phrase is uttered by the TSA any time they do something stupid. It is their personal motto — that if there is a one in a billion chance that their actions might be useful, then they should act even if there is a certainty that they will violate people in the process. This is why they take your child’s juice box, why grandma has to explain her Depends, and why we should spend $1B on machines that digitally strip you naked, even if they don’t really work too well.

It seems we are increasingly fearful of everything, and I dare say that New York shut down for the same reason many put up with the TSA. It’s the same reason why we tolerate the NYPD stopping-and-frisking innocent people on the street for no reason. “Anything for our safety!”

How utterly stupid is that expression? Would you truly give anything any time someone comes along and says, “If you don’t, there’s a chance it might not turn out well!” The time has come for us to collectively grow some balls. Spending your life worrying about remote possibilities will not make you a happy person, and the cost in life opportunities is far outweighed by the chance that your time is up. “Playing it safe” always has a cost associated with it. If current TSA nonsense takes just 5 extra minutes of each air traveler’s time, every year the TSA wastes 7,000 man-years, or 90 lifetimes worth of time. …and after all, the man who hides in his home may be killed by a falling tree, just as the man who insists on thorough airport security may find himself blown up in the security line.

Life is about evaluating risks and making reasoned decisions about when to move forward. Tip the balance too far to one side and you die; too far to the other, and you never live. You’re never going to get the perfect balance, but why not choose to err on the side of living your life?

Woman Convicted of Crime for Yelling at TSA Screener Who Wanted to Touch Her Daughter’s Genitals

Regretfully, Andrea Abbott was found guilty of disorderly conduct stemming from yelling at a TSA screener who demanded to pat-down her teenage daughter. Her sentence was only a year of unsupervised probation, but what country do we live in where a jury agrees that a woman upset about government perverts demanding to grope her daughter has committed a crime?

Please express your outrage to the District Attorney’s office that prosecuted the case: http://da.nashville.gov/portal/page/portal/da/contactUs/

NYPD: Don’t Mind That Unlawful Stop-And-Frisk Over There!

I asked the court hearing my lawsuit against NYPD stop-and-frisk for permission to file the audio recording I posted last week of NYPD officers stopping and frisking a teen for no reason, then cursing at and assaulting him. The NYPD filed opposition to admitting that evidence today because it’s “irrelevant” to my case.

Although I’m allowed to file a lengthy reply citing all the cases where similar evidence was deemed relevant, I feel that my one paragraph reply got the point across:

The case at bench alleges a custom and/or policy of unlawful stop-and-frisks by the NYPD. If the City’s Law Department seriously cannot figure out how an audio recording of another man’s blatantly unlawful stop-and-frisk at the hands of NYPD officers is relevant to this case, it is no wonder that the City’s police officers cannot figure out the difference between lawful and unlawful search and seizure.

Hey, at least they didn’t beat me like the student they beat last week whom they “mistakenly” (that is, without investigation) believed was tresspassing.

NYPD to Teen: “Shut your fucking mouth before I slap you!”

The NYPD says that stop-and-frisks are a minor inconvenience that are necessary to ensure the safety of the community and their officers. When I was stopped-and-frisked last year for being a white guy in a black neighborhood, I learned that that wasn’t quite true. Of course, minority residents of New York have known this for years: stop-and-frisks are frightening interactions where citizens are accosted by groups of armed men without reasonable suspicion, are cursed at, are threatened, are battered, and are degraded — and often times taken to jail on fabricated charges. Finally, the NYPD was caught on tape by a stop-and-frisk victim in Harlem who was able to start recording on his phone without the officers’ knowledge.

The officers give their victim three reasons for the stop: 1) he was looking at them, 2) he was wearing a hoodie, and 3) “for being a fucking mutt.” No, I’m not making this up. They then proceed to curse at him, threaten him, and then push him repeatedly. The whole interaction lasted not even 2 minutes, and from that I gathered the following brilliant quotes:

  • “Why are you a fucking wiseass, I’m gonna smack you.”
  • “Who the fuck do you think you’re talking to?”
  • “Shut your fucking mouth, kid.”
  • “I will break your fucking arm, motherfucker.”
  • “Dude I am going to fucking break your arm and then I’m going to punch you in your fucking mouth.”
  • “Shut your fucking mouth before I slap you.”
  • “You fucking piece of shit, take a fucking walk.”

This, ladies and gentlemen, is what stop-and-frisk really feels like. This is how the NYPD treats the community it is paid to protect. And this is why stop-and-frisk needs to go.

Source article with raw audio: http://www.thenation.com/article/170413/stopped-and-frisked-being-fking-mutt-video

Supreme Court Declines to Consider Whether Nude Body Scanners Deserve a Trial

I unfortunately just received news that the U.S. Supreme Court has declined to hear my appeal. My case against the body scanners was tossed by a U.S. District Court, and then appealed in and affirmed by the 11th Circuit Court of Appeals, under a law that the TSA interprets to mean, “Anything we write down cannot be fought in a trial court” — you know, the kind of court with a jury, discovery, witnesses, etc. — and must instead be fought in the U.S. Court of Appeals.

That’s the bad news. The good news is that the fight is not over, it simply must be continued without that jury, and with discovery and witnesses allowed to me at the discretion of the 11th Circuit (instead of by right, as a reasonable reader of the Constitution might assume that we had). I will have my 11th Circuit filing completed within the next 30 days. If you’d like to donate to this expensive effort, click the Donate button at the top right of the page.

I’ve heard from thousands of you over the last 2 years now. Thank you so much for the support, and let’s continue this fight together!

–Jon

Blog at WordPress.com.

Up ↑