Hey lawyers; is TSA violating ADA?

[island911]

Guy with metal hip being denied access to air travel...

http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990#Title_III_-_Public_Accommodations_.28and_Commercial_Facilitie s.29

Title III - Public Accommodations (and Commercial Facilities)

See 42 U.S.C. § 12181–12189.

Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. "Public accommodations" include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things. ...Americans with Disabilities Act of 1990 - Wikipedia, the free encyclopedia

[Jagshund]

He should have been given an implant card. I have one for my spine plate.

[HardDrive]

I flew through Phoenix last night. The place (terminal 2) was empty. There were 15 TSA folks standing around doing nothing! I was pissed. I sat there for 2 hours at a sports bar watching this.

When I did go through security, the guy behind me forgot to take his belt off. They instantly told him that he would need to be scanned, even though he told them he had his belt on. WHY?!?!? Really? He couldn't just take his belt off and walk back through the metal detector?

I do hope others in the country as are pissed as I am about this.

[island911]

Originally Posted by 1968Cayman

He should have been given an implant card. I have one for my spine plate.

TSA doesn't give a rip about any implant card. ...did you see his OBVIOUS THR scar?

[jyl]

As far as I can tell from reading the TSA site and various flyer forums, if a passenger has a metal implant that sets off the detector, they are supposed to get a patdown or can request a private screening. I've read some reports that titanium implants don't set off the metal detectors. I wouldn't think any internal implants would alert on the body scanners.

[Rikao4]

no worries..
I'm sure the TSA will have this brainfart soon..
only a Muesli will be able too scan or pat down Muesli's..
after all..
their so special..

Rika

[pete3799]

Originally Posted by 1968Cayman

He should have been given an implant card. I have one for my spine plate.

Have you got a card for that dog testicle on your leg?

[WolfeMacleod]

Always wear clean underwear when flying!

[Brando]

As I see it, TSA is grossly violating fliers' 4A rights.

[Burnin' oil]

Absurd

[cashflyer]

From what I hear in the video dialog, the TSA made him leave to put his clothes on and return.

They did not want to do a patdown with him wearing a speedo, but would do a patdown once he returned with regular clothes on.

Because that makes perfect sense.

[Gogar]

[island911]

Why, Gogar?

Do you not get that these people get the FULL search EVERY time?

There is a difference between attention whoring and pushing-back a statement of Enough!

[jyl]

Another stupid stunt. Basically what he's complaining about is that every time he flies, when he sets off the metal detector, they pat him down - rather than taking his word that it is his hip implant rather than, say, a 9mm.

Gosh, how intrusive. Why the hell shouldn't people who set off metal detectors be patted down?

On this particular occasion, in pursuit of his fifteen minutes of YouTube fame, he chose to strip to his Speedo in the airport lobby then walk through security. Apparently, TSA doesn't take kindly to naked men with a tag-along video crew pulling stunts at the checkpoint, and asked him to instead go through security in clothes like a normal person.

So the video should perhaps be titled "naked men asked to wear clothing when flying".

[island911]

Originally Posted by jyl

..Why the hell shouldn't people who set off metal detectors be patted down?...[/I]

Good question. Seriously. Why the war against metal? Ceramic knives are sharper than metal. ...and you think that box-cutters are evil. A 9mm --ceramic or otherwise-- is not going to be anymore effective than a flt93 9/11 box-cutter.

[jyl]

"Good question. Seriously. Why the war against metal? Ceramic knives are sharper than metal. ...and you think that box-cutters are evil. A 9mm --ceramic or otherwise-- is not going to be anymore effective than a flt93 9/11 box-cutter."

You have a peculiar approach to airline security. At this point, you seem to be saying we should let passengers bring box-cutters, ceramic and metal knives, and 9mm pistols on board. Are you in favor of allowing on board grenades and claymores too? Have they invented indestructible airplanes when I wasn't noticing?

[island911]

The technical side of dropping an airplane out of the sky is not a tough problem. Box-cutters and pistols will not (post 9/11) do it, on pax planes.

Back on topic... Anyone w/o metal in there body can pass thru a metal detector with a ceramic, or other non-metal weapon. This charade of abuse to those with metal implants seems to be counter to the ADA.

So, JYL, You have a peculiar approach to Americans with Disabilities . At this point, you seem to be saying we should let those dependent on walkers, crutches, or wheelchairs to park their cars in the back forty. ...oh, and maybe be strip-searched before they are allowed into the busy Walmart store for their chaep prescription drugs. (for our safety, of course)

[Noah930]

Originally Posted by jyl

On this particular occasion, in pursuit of his fifteen minutes of YouTube fame, he chose to strip to his Speedo in the airport lobby then walk through security. Apparently, TSA doesn't take kindly to naked men with a tag-along video crew pulling stunts at the checkpoint, and asked him to instead go through security in clothes like a normal person.

I can't watch the video from my work computer, but as much of an attention whore as this guy may be, why can't someone dressed in only a speedo go through security? Other than lack of good taste, why must he get fully dressed to go through security? Or did I miss something by not watching the video?

I don't know about hips and knees, but there's no implant card I ever give out for putting in metal (stainless steel or titanium) into peoples' hands, wrists, and elbows.

[Tobra]

Yes, the TSA is violating the ADA, among many other things. At any given time, most, if not all, businesses in this country violate the ADA in some fashion

Originally Posted by jyl

I've read some reports that titanium implants don't set off the metal detectors. I wouldn't think any internal implants would alert on the body scanners.

Titanium and any other metal implant will set off the metal detector, both the wands and the little portal they have you walk through.

The theater that is the TSA will continue until enough people say, that's it, no more. It is not making anyone safer, and has never prevented any terrorist activity as near as we can tell, and never caught any terrorists, ever. TSA is a jobs program for people that could not finish high school.

As above, I never give out any card for metal implants, screws, plates or joint replacements. I must confess I have not done any total ankles, but all those sort of suck a bit.

[jyl]

island says

"The technical side of dropping an airplane out of the sky is not a tough problem. Box-cutters and pistols will not (post 9/11) do it, on pax planes. "

Hmm, so a sufficient number of terrorists with firearms can't take down an airliner? Interesting theory.

Anyway, your desire is that our security should let through knives and pistols, but stop explosives? How would you design that system? Or are you now saying that explosives won't take down an airliner, so no need to check for those either?

Noah says

"why can't someone dressed in only a speedo go through security? Other than lack of good taste, why must he get fully dressed to go through security?"

No particular security reason why naked people shouldn't be allowed to fly. But its not unreasonable that people should be asked to be clothed when they fly - public facilities, public decency, and all that.

I can think of lots of businesses and facilities that would turn away a man wearing just underwear.

Maybe the nudist lobby is right, and we should be permitted to strip down everywhere, but I'm not sure the general preference for a clothed society really rises to the level of a constitutional crime.