Go Texas

[peternap]

http://dfw.cbslocal.com/2011/05/13/texas-house-bans-offensive-security-pat-downs/

AUSTIN (AP) - The Texas House passed a bill that would make it a criminal offense for public servants to inappropriately touch travelers during airport security pat-downs.

Approved late Thursday night, the measure makes it illegal for anyone conducting searches to touch "the anus, sexual organ, buttocks, or breast of another person" including through clothing.

It also prohibits searches "that would be offensive to a reasonable person."

The bill's chief sponsor is Republican Rep. David Simpson, who said, "this has to do with dignity and travel, and prohibiting indecent, groping searches."

He believes it will keep Transportation Security Administration officials from treating travelers like criminals, though the measure may be superseded by federal law.

After a brief but raucous debate, lawmakers approved the measure with little opposition — drawing applause from supporters.

[StinkerBell]

I think this is great but know at the same time it has no bite. I like the message it gives and it is a start.

BUT.....  Airports and Train stations are under Federal Law and juristiction and therefore do not have to follow Texas law.

[peternap]

I think this is great but know at the same time it has no bite. I like the message it gives and it is a start.

BUT.....  Airports and Train stations are under Federal Law and juristiction and therefore do not have to follow Texas law.

That's not necessarily true Stinker.

They can only go as far as is constitutional and legal within the state they operate.
We have a situation here where the Transportation Security laws conflict with Virginia law. Virginia law won. One of the most telling arguments I've ever heard a lawyer make was when Dan Hawes said "So you're saying that if the Federal Government passed a law that allowed their agents to murder Va Citizens, the state was compelled to allow it".

If Texas passes that law I'd bet the Rangers would be more than willing to enforce it.

The big problem is the Feds would pull funding for airports and homeland security projects. Texas might blink then.

[StinkerBell]

I agree with state and state land . I do believe (could be in error) that the Airport is technically on federal lands and therefore is under federal laws. I can be wrong, been wrong before but I think I might be right.

[peternap]

I agree with state and state land . I do believe (could be in error) that the Airport is technically on federal lands and therefore is under federal laws. I can be wrong, been wrong before but I think I might be right.

You are right and wrong.

Most airports are on State or Private land but the aviation rules are both state and federal.
The Transportation Department has some special clout because of the various 911 laws but not over everything in the airport.

For instance, you don't have to go through the screening to use private charter flights. Air Cargo gets a pass on much of it.
Even though they do it and get away with it, TSA cannot violate state laws.

In Virginia for instance, I can carry a gun in the airport up to the screening area. That's because of Va. law.

It's similar to the states that passed laws against Obama Care. Va did and won in Federal court. The Feds are appealing it now.

[StinkerBell]

I just don't fly any longer. I can't stand it. My last flight was 4 or 5 years ago and there was just not enough xanax for me. I feel like I am guilty of something subject to invasion of my privacy and my person at anytime and it feels like it is a third world country when it comes to rights. Basically I feel when I pass through the front doors I have left my Rights at the front door. Really does not matter,  TSA and the Feds will do what they want and it will take years to reach the supreme court to be resolved.

Anyways...I thought that the Airports where on Federal Lands. BUt then again does it matter, Arizona Sate passed a Law and the Feds have ignored the rule of law there. Granted it is being challenged, but there you go the Feds believe they are above it all.

[ScottA]

Texas blinked and the bill went down in flames in the Senate. Seems the Feds threatened to impose a no-fly zone over Texas if the law passed. The act of making this threat is illegal. You can't beat them with laws. What the TSA does is already illegal nearly every state and it's a violation of the constitution. I'll let you do your own reserch if you don't belive me. You can start by reading the constitution.