NYPD Butthurt That They’re Getting Same Treatment As TSA

EDIT: Brief summary for all those new to the blog since this post is generating quite a bit of external traffic. I was stopped in the middle of 2011 in Crown Heights, Brooklyn on my way home after visiting a friend of mine who lived there, by 4 NYPD officers in an unmarked car. They detained me, threatened me with arrest, and searched me because I didn’t want to talk to them, which is, of course, my right. I sued the city, who has mysteriously been “unable” to find these officers and now suggests that they probably don’t even exist. In light of the fact that the NYPD stops and frisks 700,000 people on NYC streets annually, that does not seem to be the likely explanation. My background is that I am a tech entrepreneur, musician, and civil rights advocate, and you may be familiar with my work on the latter via my “How to Get ANYTHING Through TSA Nude Body Scanners” viral video published this March.


In documents filed today in my lawsuit against the NYPD for stopping and frisking me on the street because I was a white boy in a black neighborhood (which naturally means I’m a drug dealer), NYPD attorney Vicki Zgodny (on whom the City wastes $65K/year to make such [losing] arguments as “a unicycle is a bicycle“) whines that “Plaintiff has garnered media attention from other lawsuits he has brought, including a lawsuit against Transportation Security Administration (TSA) in which plaintiff maintains a blog, and has threatened to focus the same media attention on the instant lawsuit if the City does not settle the case.” They continue that I “have an agenda to criticize the NYPD and any government agency that he is displeased with just as he did with the Transportation Security Administration.”

I’m “displeased” when you ban sodas larger than 16 ounces, when you have the largest police force in the world but your response time to 911 calls averages 9 minutes, and when you decide you know better than both doctors and the law (repeatedly) regarding what women should and should not do with their breasts. But I file suit when you infringe on my personal, constitutionally-guaranteed liberties, demand “papers, please!” as I walk down the street, and put your hands on my body with neither my consent nor reasonable suspicion. I suspect you’d do the same, Vicki, if a bunch of NYPD thugs felt you up as you walked down the street.

So, you’re damn right that the NYPD is in the same boat as the TSA. Both of you violate the citizens on a daily basis in the name of “keeping us safer,” both of you have a habit of lying, covering up, and trying to use legal nuances such as immunity and jurisdiction defenses to keep your actions away from a jury, and both of you are right to fear that I will expose your unlawful and uncivilized behavior to the public in a major way, such as I did for the TSA last March.

Relevant Docs:
Corbett v. NYPD – Summary Judgment 56.1 Statement
Corbett v. NYPD – Summary Judgment Reply

Judge Orders Parties to Proceed in Corbett v. TSA

There are now three motions to dismiss both the federal and state defendants in my case against the TSA’s unlawful search and seizure of me at FLL airport last year.  They were filed between 1 and 3 months ago, with such absurd claims as, “We’re not law enforcement officers, but we were allowed to detain him” and “We’re allowed to read any documents he brought through the checkpoint on the off-chance that one of them will show he used a false ID.”

The judge has not yet ruled on any of these three motions, and there is no deadline for her to do so, however last week good news came as she ordered the parties to create a scheduling plan and submit other documentation that is required for the trial to proceed. It would seem unlikely for her to do such a thing if she were planning on tossing the case, and so I’m very much looking forward to reading her order denying the motions to dismiss. 🙂

Manchester Replies, Says Scanners Are Effective. May I Test That?

The spokesman who was the subject of yesterday’s post replied to me today, telling me:

“I’m a spokesperson for this airport so when I said everybody in my quote, I meant our staff and our passengers from whom we’ve had overwhelmingly positive, genuine feedback.”

“On the health point, medical and x-ray equipment experts from across the World who’ve actually examined back scatter technology in detail have concluded unanimously that it poses negligible health risks.”

“Unsurprisingly, I also don’t agree that the scanners are ineffective. Security officers are not looking for metal tins but your film is an interesting watch and has certainly fuelled imaginations. We have actually operated body scanners for three years and we know they work.”

Well, on the first one, only you know whether or not you’re being truthful, but judging by the fact that even the TSA admits to receiving hundreds of complaints, it seems that Manchester must have very selective hearing.

On the second one, I’m no doctor, but I do know that there has been no fully-independent testing of the nude body scanners. Most of the times, the government has provided “researchers” with the data and asked them to come to conclusions, rather than giving them scanners and letting them run tests. I use “researchers” lightly because such a “scientist” is but a government lackey. I also know that the x-ray machines have been shown to operate out-of-specification (calculation error… or was it??) and to leak radiation to those near it (known as overshoot, which will affect the screeners more than anyone else). I also know that the most deadly computer programming error ever involved an x-ray machine that was “totally safe” until it accidentally overdosed its subjects, most of whom died a horribly painful death. Finally, I also know that the screeners are not qualified, even by the TSA’s own policies, to run radiation machines.

But that last one — the efficacy claim — I happen to know a lot about. 🙂 In March 2012, I took an undetected metal container through both backscatter and MMW ATD nude body scanners. The whole point of these things was supposed to be to detect non-metallic explosives, which my metal container could have been full of. To say that they are effective when they have been proven otherwise seems to be a matter of believing what you want to believe.

But Manchester, or any other airport with nude body scanners, if you would like an efficacy test, I would be happy to provide one. Get in touch with me and get me the proper approvals and paperwork, and we can have a challenge to see what can and cannot be brought past your security. My only condition is that we publish the results.

Somehow I don’t expect any takers on that one. I wonder why?

EU Bans X-Ray Nude Body Scanners, and An Open Letter to Manchester Airport

Dear Manchester Blokes:

Today, an article in The Daily Mail noted that the European Union has decided to ban nude body scanners that use x-rays from airports across the continent. The article had the following quote from Russell Craig regarding nude body scanners in use at your airport:

“Today, we’re just kind of standing around scratching our heads wondering why a trial that was popular with everybody, that everybody approved of, just never got the green light from Europe.”

I’m not quite sure exactly how far up his ass Craig’s head is, but nude body scanning has been the subject of international scorn. It is extraordinarily invasive and demeaning, and I’ve received hundreds of e-mails from people who have been left in tears after the process. It is a huge health risk, not just for the passengers, but for the operators who are exposed to ambient radiation from thousands of daily scans. And it is entirely ineffective, as I clearly demonstrated in my viral video, “How to Get ANYTHING Through TSA Nude Body Scanners.”

“Everybody” does not approve of your trial, but many are quite happy that the machines will end up in the rubbish heap.

Cheers,

Jonathan Corbett
TSA Out of Our Pants

Live In/Near Broward County? I Need Your Help!

[UPDATE: Thank you for the replies! I should be good now!]

In my lawsuit against the TSA, FLL’s airport owners, and the Broward County Sheriff’s Office, all parties have been served except the Sheriff. I thought it was peculiar that I contacted about a dozen professional process servers in Broward asking for a quote to serve the BSO and only 3 actually responded. One of them tried to serve the papers, but was turned away because Broward thought the paperwork was incomplete. A defendant, of course, doesn’t get the liberty of turning away paperwork because they don’t think it’s in order, but the process server refused to leave the documents on their desk and walk away — because the BSO licenses process servers, and they were worried they would lose their license.

Luckily, any private citizen (other than a party to the action) over the age of 18 can also serve these papers. So, if any of you are in the area and are willing to print a short document and drop it off on the desk of the BSO’s law department, preferably along with a “YOU GOT SERVED!,” please send me an e-mail: jon [at] fourtentech [dot] com.

TSA Caught Covering Up Pat-Down Complaints, Lying in FOIA Response

A group called governmentattic.org was nice enough to file an FOIA request with the TSA requesting snail-mail complaints received by them regarding their then-new pat-down procedure (which they admit requires screeners to touch your genitals, buttocks, breasts, and everywhere else). Over a year and a half later, the TSA replied with 201 complaints submitted by members of the public in Q4 of 2010.

Considering the ACLU states that it received over 900 complaints in just a single month of Q4, it seems highly unlikely that only 200 people wrote to the TSA to complain. Luckily, I don’t have to simply have suspicions: I know that the TSA either destroyed or simply failed to release complaints, because I personally wrote to the TSA on November 6th, 2010, just 10 days before I decided to file suit, and my complaint is not included in the 201 released!

Lying in an FOIA response may constitute a federal crime. Sure, it’s possible that mine just got “lost,” but based on the ACLU number, it seems more than a few disappeared. Let’s expose this: if you sent a complaint about the pat-downs to the TSA, DHS, or Office of the President at the end of 2010, please have a look at the complaints released and let me know (either way) in the comments here whether your complaint was included.

TSA Admits Plotting Nude Body Scanners for Rail & Bus, Refuses Environmental Impact Study

“If you don’t like it, don’t fly!” That has been the refrain of the few people left who support allowing the TSA to digitally strip search us and molest us and our families. We’ve already seen the TSA’s mission creep, expanding to patrolling Amtrak stations, Greyhound terminals, music festivals, and political events. But, the TSA thus far has not brought their nude body scanners and genital groping out of the airport, and has never stated an intention to do so. So, maybe TSA abuse will solely be confined to airports?

Not a chance. Through a Freedom of Information Act response that I’ve obtained of formerly unreleased, secret (“Sensitive Security Information”) documents, it now comes out that the TSA has been plotting since 2008 to bring nude body scanners to “ferry terminals, railway, and mass transit stations” as well as unspecified “other locations” — in other words, everywhere. You can expect them at train stations, bus stations, subways, highways, cruise ships, and anywhere that “transportation” happens (i.e., everywhere). And, where the body scanners go, so does the groping, since the body scanners have at least a 40% false positive rate which needs to be resolved by blue-gloved gestapo.

Further, the TSA notes that they have refused to conduct an environmental impact study of any kind. According to the document, DHS has issued an order “exempting” security devices from environmental review. Why not conduct an environmental impact study? Unless, of course, your device is leaking radiation everywhere…

So, why hasn’t the TSA told the public that they intend to bring nude body scanners to every mode of transportation we use? Because, of course, the only way they can convince the American people to allow for their rights to be taken away is slowly. Only a small percentage of people fly and only a small percentage of fliers are scanned. Combined with the fact that people are afraid of flying and are therefore more easily tempted to trade liberty for (a false sense of) security, there are not many to complain, and the government hopes that those of us who are complaining eventually give up. Then they can inch forward. Perhaps just the extra-fast Acela Amtrak trains will be scanned next. Then only buses that seat more than 100 people. Then those who are driving commercial vehicles on the highway. Until everywhere we go, we are scanned, groped, abused, and violated. Sensational? Read the document — the TSA admits in black and white what their intentions are, even if it is unpleasant to believe. Body scanning must be stopped now, or it will be a part of your daily life soon.

These “orders” of the TSA — declaring that body scanning will be everywhere and for all, declaring that no study is required, and declaring that your privacy is “protected enough” — are issued by this guy:

Anonymous. The TSA redacted the name of the guy who decided all of this. “Change I can believe in” should have been transparency in government. “Change I can believe in” should have been full environmental studies before deploying radiation devices across the country. What the hell kind of change have we actually received in nearly 4 years?

TSA – Deploy Nude Body Scanners Everywhere, Conduct no EIS (.pdf)

Putting What I’ve Learned to Good Use: Appealing a Parking Ticket

The knowledge I’ve gained as to the legal system since filing my suit against the TSA is invaluable. Knowing one’s rights, and precisely how to demand them, is a beautiful thing.

So, when a Miami Beach “public safety officer” (hereafter, “the meter maid”) asked me to move my car while I was loading it in a “no parking” zone, I politely informed her that I wasn’t parking, but standing. She not so politely wrote me a ticket and informed me to move my car or it would towed. I looked it up later, and I was indeed right: parking in Florida is defined as “the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers…”

No problem, just go to the little parking court hearing and explain and they’ll toss the ticket right? Nope. “Hearing officer” Carmen Dominguez, who according to her profile with her day job at Miami Dade College has been an attorney for 23 years, wanted to hear none of it. She refused to allow me to ask the meter maid what the definition of parking was. She hurried me, telling me maybe 2 or 3 minutes in that people were waiting. And, despite eventually getting the meter maid to admit that she thought parking was defined as “when the gear shift is in park” and that she made no attempt to determine if I was loading or unloading, I was found guilty and fined a wallet-busting $40 or so.

Clearly she didn’t know who I am. 😉 I went down to the Parking Violations Bureau and filed a Notice of Appeal, together with a filing fee of ~$300. Quite the gamble: if I lose, I’m now out $340, and if I win, I’m up my $40 (assuming I can chase down the county for the filing fee) — which is probably why the clerk at the PVB told me I was the first one he’s ever seen file an appeal. I then took my appellate brief that I filed in my first TSA case and used that as a template for my new appeal. I researched Florida appellate procedure (it’s not complicated and took maybe an hour or so) and the parking laws one more time, and went to writing. Twelve pages later, my appellate brief was finished. The arguments were basically, 1) the only witness against me admitted she didn’t know what parking was, 2) the only witness against me admitted she didn’t know if I was loading/unloading, and 3) the judge erred in refusing to allow me to ask the meter maid for the definition of parking.

The county decided not to respond to my appeal. This doesn’t get me a default judgment, however: in appellate court, the case is still evaluated on the merits of the appeal and based on any records from the lower court. I got the happy verdict today: reversed and remanded! A 3-judge panel ruled that “as a result of [the meter maid’s] misconception of the law, this Appellate Court finds that insufficient evidence existed on the record to satisfy the statutory elements proving the existence of a parking violation.”

This is actually my first win in appeals court, so it’s pretty exciting for me, even if it’s a low-stakes case. Was it worth it? Probably not, but it’s that “principle of the thing” that gets me every time. 🙂 It’s also nice to see that the kangaroo courts that many municipalities set up can indeed be beaten. I think I’ll send an autographed copy to the meter maid and Ms. Dominguez. 😉

In case anyone wants to give it a go themselves, here’s what worked for me…

Florida v. Corbett – Appellant Brief (.pdf)
Florida v. Corbett – Reversed & Remanded (.pdf)

TSA Abuses Rape Survivor, Sent to ER

Anything for our safety, right?

And then they discovered an “anomaly” in her bra, so she needed to be patted down on her breasts. This freaked her out even more. She asked for a private room and for me to be there, and it was obvious that this pissed off the female assist TSO. As she started shaking and sobbing in the room as the TSO began to touch her breasts, I gently touched her arm. Big mistake – the TSO yelled that I couldn’t touch her and that I’d need to go through screening again.

Source: http://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1374235-pat-down-ended-my-wife-up-er.html

This is the organization who just claimed the right to detain citizens and read through their documents (paper, electronic, or what have you). This is the organization that claims the rights to inspect your genitals. This is the organization that has its employees arrested for felonies on a weekly basis.

“For our safety.”

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