Monday, March 29, 2010

Steve Bierfeldt - Lambert-St. Louis (Illinois) International Airport

Steve Bierfeldt claims that the TSA agents harassed him. Below is his story from CNN:


WASHINGTON (CNN) -- Steve Bierfeldt says the Transportation Security Administration pulled him aside for extra questioning in March. He was carrying a pocket edition of the U.S. Constitution and an iPhone capable of making audio recordings. And he used them.

Steve Bierfeldt is accusing the Transportation Security Administration of "harassing interrogation."

On a recording a TSA agent can be heard berating Bierfeldt. One sample: "You want to play smartass, and I'm not going to play your f**king game."

Bierfeldt is director of development for the Campaign for Liberty, an outgrowth of the Ron Paul presidential campaign. He was returning from a regional conference March 29 when TSA screeners at Lambert-St. Louis (Missouri) International Airport saw a metal cash box in his carry-on bag. Inside was more than $4,700 dollars in cash -- proceeds from the sale of political merchandise like T-shirts and books.

There are no restrictions on carrying large sums of cash on flights within the United States, but the TSA allegedly took Bierfeldt to a windowless room and, along with other law enforcement agencies, questioned him for almost half an hour about the money.

The American Civil Liberties Union has taken up Bierfeldt's cause and is suing Secretary of Homeland Security Janet Napolitano, whose department includes the TSA. Their complaint alleges that Bierfeldt was "subjected to harassing interrogation, and unlawfully detained."

Larry Schwartztol of the ACLU said the TSA is suffering from mission creep.

"We think what happened to Mr. Bierfeldt is a reflection that TSA believes passenger screening is an opportunity to engage in freewheeling law enforcement investigations that have no link to flight safety," he said.

Schwartztol believes many other passengers have been subjected to the same kind of treatment, which he claims violates constitutional protections against unlawful searches.

The TSA wouldn't comment on the lawsuit, but said in a statement that the movement of large amounts of cash through a checkpoint may be investigated "if suspicious activity is suspected."

Unbeknownst to the TSA agents, Bierfieldt had activated the record application on his phone and slipped it into his pocket. It captured the entire conversation.

An excerpt:

Officer: Why do you have this money? That's the question, that's the major question.

Bierfeldt: Yes, sir, and I'm asking whether I'm legally required to answer that question.

Officer: Answer that question first, why do you have this money.

Bierfeldt: Am I legally required to answer that question?

Officer: So you refuse to answer that question?

Bierfeldt: No, sir, I am not refusing.

Officer: Well, you're not answering.

Bierfeldt: I'm simply asking my rights under the law.

The officers can be heard saying they will involve the Federal Bureau of Investigation and the Drug Enforcement Administration, and appear to threaten arrest, saying they are going to transport Bierfeldt to the local police station, in handcuffs if necessary.

Bierfeldt told CNN he believes their behavior was inappropriate.

"You're in a locked room with no windows. You've got TSA agent. You've got police officers with loaded guns. They're in your face. A few of them were swearing at me."

But the officers did not follow through on their threats. Near the end of the recording an additional officer enters the situation and realizes the origins of the money.

Officer: So these are campaign contributions for Ron Paul?

Bierfeldt: Yes, sir.

Officer: You're free to go.

According to the TSA, "Passengers are required to cooperate with the screening process. Cooperation may involve answering questions about their property. A passenger who refuses to answer questions may be referred to appropriate authorities for further inquiry"

Bierfeldt contends he never refused to answer a question, he only sought to clarify his constitutional rights.


"I asked them, 'Am I required by law to tell you what you're asking me? Am I required to tell you where I am working? Am I required to tell you how I got the cash? Nothing I've done is suspicious. I'm not breaking any laws. I just want to go to my flight. Please advise me as to my rights.' And they didn't."

The TSA says disciplinary action has been taken against one of its employees for inappropriate tone and language.

Friday, March 19, 2010

Ryan Thomas - Philadelphia Airport

Daniel Rubin, columnist for the Philadelphia Inquirer, wrote the following article about Ryan Thomas' experience at the Philadelphia airport. Ryan was 4 years old.


February 15, 2010

Just when I thought I was out of the Transportation Security Administration business for a few columns, they pull me back in.

Did you hear about the Camden cop whose disabled son wasn't allowed to pass through airport security unless he took off his leg braces?

Unfortunately, it's no joke. This happened to Bob Thomas, a 53-year-old officer in Camden's emergency crime suppression team, who was flying to Orlando in March with his wife, Leona, and their son, Ryan.

Ryan was taking his first flight, to Walt Disney World, for his fourth birthday.

The boy is developmentally delayed, one of the effects of being born 16 weeks prematurely. His ankles are malformed and his legs have low muscle tone. In March he was just starting to walk.

Mid-morning on March 19, his parents wheeled his stroller to the TSA security point, a couple of hours before their Southwest Airlines flight was to depart.

The boy's father broke down the stroller and put it on the conveyor belt as Leona Thomas walked Ryan through the metal detector.

The alarm went off.

The screener told them to take off the boy's braces.

The Thomases were dumbfounded. "I told them he can't walk without them on his own," Bob Thomas said.

"He said, 'He'll need to take them off.' "

Ryan's mother offered to walk him through the detector after they removed the braces, which are custom-made of metal and hardened plastic.

No, the screener replied. The boy had to walk on his own.

Leona Thomas said she was calm. Bob Thomas said he was starting to burn.

They complied, and Leona went first, followed by Ryan, followed by Bob, so the boy wouldn't be hurt if he fell. Ryan made it through.

By then, Bob Thomas was furious. He demanded to see a supervisor. The supervisor asked what was wrong.

"I told him, 'This is overkill. He's 4 years old. I don't think he's a terrorist.' "

The supervisor replied, "You know why we're doing this," Thomas said.

Thomas said he told the supervisor he was going to file a report, and at that point the man turned and walked away.

A Philadelphia police officer approached and asked what the problem was. Thomas said he identified himself and said he was a Camden officer. The Philadelphia officer suggested he calm down and enjoy his vacation.

Back home in Glassboro a week later, Bob Thomas called the airport manager and left her what he calls a terse message.

He was still angry enough last week to call me after I'd written a couple of columns about travelers' complaints of mistreatment by screeners at the airport.

"This was just stupid," he told me.

At the very least, it was not standard procedure.

On Friday, TSA spokeswoman Ann Davis said the boy never should have been told to remove his braces.

TSA policy should have allowed the parents to help the boy to a private screening area where he could have been swabbed for traces of explosive materials.

She said she wished Thomas had reported the matter to TSA immediately. "If screening is not properly done, we need to go back to that officer and offer retraining so it's corrected."

Davis also said TSA's security director at the airport, Bob Ellis, called Thomas last week to apologize. He gave Thomas the name of the agency's customer service representative, in case he has a problem at the airport in the future.

Afterward, Thomas said he appreciated Ellis' call. He said he had no interest in pursuing the matter further or in filing a lawsuit.

"I'm just looking for things to be done right," he said. "And I just want to make sure this isn't done to anyone else. Just abide by your standard operating procedures."