The U.S. Department of Justice has threatened to cancel flights to and from Texas if the state's legislators enact a law forbidding security pat-downs that include private parts.
On May 13, 201, Texas lawmakers passed a bill making TSA groping illegal at airports or other public buildings in the state. However, on Wednesday the bill did not have enough support to pass in the Senate. After some heated debate about the principles of the bill, Dan Patrick pulled the bill after allegations that TSA officials were "lobbying" the Texas Senate-it appeared to be a victory for the U.S. Department of Homeland Security.
Today, May 30, Texas Lt. Gov. Dewhurst sent a letter to Governor Perry requesting a Special Legislative Session in the best interest of all Texans to start tomorrow to address several important bills, including HB 1937 – relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation.
Texas House Republican Rep. David Simpson, who proposed the legislation, said the law would put an end to indecent groping searches of innocent travelers. "This has to do with dignity in travel,” said Simpson.
John Murphy, U.S. Attorney for the western district of Texas, wrote a letter warning state lawmakers that if the bill is enacted, the TSA would "likely be required to cancel any flight for which it could not ensure the safety of passengers and crew." Rep. Simpson response to Murphy's letter included an accusation that the federal government is "attempting to deprive the citizens of Texas of their constitutional rights."
Simpson told ABC News that the U.S. Attorney’s claim that Texas is trying to stop all searches is inaccurate. "This bill was supported unanimously by Democrats and Republicans, liberals and conservatives." The legislature provides a detailed description of what body parts cannot be touched by TSA screeners. The law specifically bans the TSA from “anus, sexual organ, buttocks or breasts of the other person or touches the other person in a manner that would be offensive to a reasonable person” as sexual harassment under official oppression. "You can't go to third base without giving us a reason," Simpson said.
In a written statement, TSA spokesman Greg Soule defended the TSA’s enhanced pat-down procedures as a necessary action based on U.S. intelligence on terrorists’ tactics. If the TSA finds a constitutional statute for touching prohibited body parts, they can argue their case before a judge. Simpson wrote that it is as simple as "You show me yours (statutory authority) and I'll show you mine (privates)."
Other states have expressed intentions to pass similar laws, including Utah. State Rep. Carl Wimmer has introduced a bill into the Utah House of Representatives that would ban invasive searches by TSA agents. Wimmer said the proposed legislation would force TSA agents to follow the same pat-down procedures as law enforcement officers in Utah.
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