US pilot refused permission to board plane after he declines to be body scanned

We reproduce here in full the account of Michael Roberts, an American pilot whose life and career has seemingly been ruined by his principled opposition to body scanners.

The account is remarkable and needs no commentary from us, except to say that, even if they worked, applying these security protocols to pilots is self-evidently absurd. He's about to fly a multi-ton hunk of metal above densely populated areas - he doesn't need to smuggle anything on board to be dangerous. Either we trust pilots, or we don't.

**

My name is Michael Roberts, and I am a pilot for ExpressJet Airlines, Inc., based in Houston (that is, I still am for the time being). This morning as I attempted to pass through the security line for my commute to work I was denied access to the secured area of the terminal building at Memphis International Airport. I have passed through the same line roughly once per week for the past four and a half years without incident. Today, however, the Transportation Security Administration (TSA) agents at this checkpoint were using one of the new Advanced Imaging Technology (AIT) systems that are currently being deployed at airports across the nation. These are the controversial devices featured by the media in recent months, albeit sparingly, which enable screeners to see beneath people’s clothing to an extremely graphic and intrusive level of detail (virtual strip searching). Travelers refusing this indignity may instead be physically frisked by a government security agent until the agent is satisfied to release them on their way in what is being touted as an “alternative option” to AIT. The following is a somewhat hastily drafted account of my experience this morning.

As I loaded my bags onto the X-ray scanner belt, an agent told me to remove my shoes and send them through as well, which I’ve not normally been required to do when passing through the standard metal detectors in uniform. When I questioned her, she said it was necessary to remove my shoes for the AIT scanner. I explained that I did not wish to participate in the AIT program, so she told me I could keep my shoes and directed me through the metal detector that had been roped off. She then called somewhat urgently to the agents on the other side: “We got an opt-out!” and also reported the “opt-out” into her handheld radio. On the other side I was stopped by another agent and informed that because I had “opted out” of AIT screening, I would have to go through secondary screening. I asked for clarification to be sure he was talking about frisking me, which he confirmed, and I declined. At this point he and another agent explained the TSA’s latest decree, saying I would not be permitted to pass without showing them my naked body, and how my refusal to do so had now given them cause to put their hands on me as I evidently posed a threat to air transportation security (this, of course, is my nutshell synopsis of the exchange). I asked whether they did in fact suspect I was concealing something after I had passed through the metal detector, or whether they believed that I had made any threats or given other indications of malicious designs to warrant treating me, a law-abiding fellow citizen, so rudely. None of that was relevant, I was told. They were just doing their job.

Eventually the airport police were summoned. Several officers showed up and we essentially repeated the conversation above. When it became clear that we had reached an impasse, one of the more sensible officers and I agreed that any further conversation would be pointless at this time. I then asked whether I was free to go. I was not. Another officer wanted to see my driver’s license. When I asked why, he said they needed information for their report on this “incident” – my name, address, phone number, etc. I recited my information for him, until he asked for my supervisor’s name and number at the airline. Why did he need that, I asked. For the report, he answered. I had already given him the primary phone number at my company’s headquarters. When I asked him what the Chief Pilot in Houston had to do with any of this, he either refused or was simply unable to provide a meaningful explanation. I chose not to divulge my supervisor’s name as I preferred to be the first to inform him of the situation myself. In any event, after a brief huddle with several other officers, my interrogator told me I was free to go.

As I approached the airport exit, however, I was stopped again by a man whom I believe to be the airport police chief, though I can’t say for sure. He said I still needed to speak with an investigator who was on his way over. I asked what sort of investigator. A TSA investigator, he said. As I was by this time looking eagerly forward to leaving the airport, I had little patience for the additional vexation. I’d been denied access to my workplace and had no other business keeping me there.

“Am I under arrest?” I asked.

“No, he just needs to ask you some more questions.”

“But I was told I’m free to go. So… am I being detained now, or what?”

“We just need to hold you here so he can…”

“Hold me in what capacity?” I insisted.

“Detain you while we…”

Okay, so now they were detaining me as I was leaving the airport facility.

We stood there awkwardly, waiting for the investigator while he kept an eye on me. Being chatty by nature, I asked his opinion of what new procedures might be implemented if someday someone were to smuggle an explosive device in his or her rectum or a similar orifice. Ever since would-be terrorist Richard Reid set his shoes on fire, travelers have been required to remove their footwear in the security line. And the TSA has repeatedly attempted to justify these latest measures by citing Northwest flight 253, on which Umar Farouk Abdulmutallab scorched his genitalia. Where, then, would the evolution of these policies lead next?

“Do you want them to board your plane?” he asked.

“No, but I understand there are other, better ways to keep them off. Besides, at this point I’m more concerned with the greater threat to our rights and liberties as a free society.”

“Yeah, I know,” he said. And then, to my amazement, he continued, “But somebody’s already taken those away.”

“Maybe they have,” I conceded, watching the throng of passengers waiting their turn to get virtually naked for the federal security guards.

As a side note, I cannot refrain here from expressing my dismay and heartbreak over a civil servant’s personal resignation to the loss of civil liberty among the people by whom he is employed to protect and serve. If he no longer affirms the rights and freedom of his fellow citizens, one can only wonder exactly what he has in view as the purpose of his profession.

The TSA investigator arrived and asked for my account of the situation. I explained that the agents weren’t allowing me to pass through the checkpoint. He told me he had been advised that I was refusing security screening, to which I replied that I had willingly walked through the metal detector with no alarms, the same way I always do when commuting to work. He then briefed me on the recent screening policy changes and, apparently confused, asked whether they would be a problem for me. I stated that I did indeed have a problem with the infringement of my civil rights and liberty.

His reply: “That’s irrelevant.”

It wasn’t irrelevant to me. We continued briefly in the conversation until I recognized that we were essentially repeating the same discussion I’d already had with the other officers and agents standing by. With that realization, I told him I did not wish to keep going around and around with them and asked whether he had anything else to say to me. Yes, he said he did, marching indignantly over to a table nearby with an air as though he were about to do something drastic.

“I need to get your information for my report,” he demanded.

“The officer over there just took my information for his report. I’m sure you could just get it from him.”

“No, I have to document everything separately and send it to TSOC. That’s the Transportation Security Operations Center where we report…”

“I’m familiar with TSOC,” I assured him. “In fact, I’ve actually taught the TSA mandated security portion of our training program at the airline.”

“Well, if you’re an instructor, then you should know better,” he barked.

“Really? What do you mean I ‘should know better’? Are you scolding me? Have I done something wrong?”

“I’m not saying you’ve done something wrong. But you have to go through security screening if you want to enter the facility.”

“Understood. I’ve been going through security screening right here in this line for five years and never blown up an airplane, broken any laws, made any threats, or had a government agent call my boss in Houston. And you guys have never tried to touch me or see me naked that whole time. But, if that’s what it’s come to now, I don’t want to enter the facility that badly.”

Finishing up, he asked me to confirm that I had been offered secondary screening as an alternative “option” to ATS, and that I had refused it. I confirmed. Then he asked whether I’d “had words” with any of the agents. I asked what he meant by that and he said he wanted to know whether there had been “any exchange of words.” I told him that yes, we spoke. He then turned to the crowd of officers and asked whether I had been abusive toward any of them when they wanted to create images of my naked body and touch me in an unwelcome manner. I didn’t hear what they said in reply, but he returned and finally told me I was free to leave the airport.

As it turned out, they did reach the chief pilot’s office in Houston before I was able to. Shortly after I got home, my boss called and said they had been contacted by the TSA. I suppose my employment status at this point can best be described as on hold.

It’s probably fairly obvious here that I am outraged. This took place today, 15 October 2010. Anyone who reads this is welcome to contact me for confirmation of the details or any additional information I can provide. The dialog above is quoted according to my best recollection, without embellishment or significant alteration except for the sake of clarity. I would greatly appreciate any recommendations for legal counsel – preferably a firm with a libertarian bent and experience resisting this kind of tyrannical madness. This is not a left or right, red or blue state issue. The very bedrock of our way of life in this country is under attack from within. Please don’t let it be taken from us without a fight.

Malo Periculosam Libertatem Quam Quietum Servitium

Michael S. Roberts
3794 Douglass Ave.
Memphis, TN 38111
901.237.6308
FedUpFlyers@nonpartisan.com

Big Brother Watch wishes Michael all the best and encourage supportive readers to get in touch with him.

By Alex Deane

Hat tip: ME

Comments

[Andrew Ampers Taylor]

You wrote: "He's about to fly a multi-ton hunk of metal above densely populated areas."

Good point, I hadn't realised this when I first read it on Lew Rockwell's Column.

It is absolutely stupid. After all 7/11 was caused by a pilot using his plane as a weapon. How on earth would body scanners have stopped that?

The trouble is, there aren't a lot of brains in "security".

[Also outraged]

7/11 is a store.

[Andrew Ampers Taylor]

Hmmm, yes, you are quite right. :-)

9/11 or in English, 11/9

[Pete]

See also here where the TSA admit that they add nothing to security

http://cbs4.com/iteam/TSA.failure.weapons.2.1964315.html

[SadButMadLad]

As well as the whole issue about security theatre, this is what you get when you get people at the top writing rules which people at the bottom aren't allowed to make common sense decisions about the implementation.

[1984]

If people at the bottom stand up against this tyranny from those at the top then we may be able to change things. If you feel strongly about this constant invasion of privacy then DO something about it - write to your MP, MEP etc... If this nonsense is not stopped then these naked scanners will become common place everywhere. In the Department for Transport's ( Dft) Consultation on Airport Body Scanners it states insultingly: 'If potential passengers do not want to be subject to body scanners then they do not have to fly'. Naked body scanners are already been trialled or used in railway stations, court houses, prisons, museums, and even in vans scanning people on the streets as they go about their daily legitimate business. This is not science fiction, it is already science fact. This is just the start. By extension of the DfT's stupidly insensitive logic then if you do not want to be scanned naked whenever and wherever you are in public then you simply do not have to leave the house - you can stay at home at starve! It is time people started to rebel against this before it is too late.

[notobodyscanners]

@1984 - hear hear. It is good to know that others feel strongly about this too.

[NeverSurrender]

1984 - We should have been rebelling against a whole lot of things over the past ten years or so. The apathy of the UK citizens never ceases to astound me. Far too few people seem to care about their liberties and rights and that is the whole problem.

[Ruz]

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

Benjamin Franklin (1706-1790)

That sums up my feelings here in the UK perfectly. But if I had to choose between my job (and my house) and my principles what would I do? I don't know...

Ruz

[1984]

Thanks notobodyscanners. I do feel VERY strongly about this. I have been extremely busy over the last eight months on this issue and have been in frequent contact with the DfT, my MP, several MEP's and other members of the European Parliament and the European Commission, the Equality and Human Rights Commission, the Home Affairs Select Committee, the Parliamentary Ombudsman, the American DHS and TSA - to name but a few. This is a serious erosion of civil liberties and human rights that most people seem to be sleep walking into. There is much more to this than most people are aware of and the government is not being open and honest with people. I would urge others to do their part and keep up the pressure. We do not have to give up our basic freedoms and privacy to be safe when flying. Metal detectors, pat-downs, sniffer dogs ( trained to detect both drugs as well as explosives ),explosive trace detection equipment, and profiling are more than adequate. What matters most however is that airport security do their job properly and dilligently. All the recent aviation terrorist incidents have 'occurred' because of blatant incompetence and the failure of airport 'intelligence' - more and more invasive technology is not the answer. The Christams Day Bomber is also just the last in a long list of people whose 'appearance' coincides rather conveniently with a government push for extra security measures aimed at stripping away the publics freedoms and their will to resist the omnipotence of the state, whilst simultaneously filling the pockets of 'security' companies eagerly vying for a slice of an ever increasingly profitable cake: where there's brass there's muck!
Make your voice heard and start complaining now.

[Wimpie]

In the US you have the unconditional RIGHT to opt-out.
Click on my name above or go to:
http://DontScan.us
for important radiological safety and privacy information and actual images from this technology, not the lame images that TSA is propagating.

[Frightened UK resident affraid to leave any details....]

Poor Bugger! If he'd have been in 'United Kingdom of Tyranny' he'd have no doubt been subjected to a full rectal examination and they'd have done so under some silly little 'Section' (probably 43) and they'd have done so justifiably under so and so silly Act!

If the US think that they've lost their liberties we'll give you a run for your money over here in CCTV Britain! He'd probably have walked away with a MI5 bug up his bum and a camera affixed to him somewhere else!

[Rudeness]

Erm I think you are all missing the point somewhat. Would you rather be in a plane 10000 ft above sea level when a bomb goes off or be subjected to a short impersonal ritual humiliation (if your body confidence reduces you to this level of mental stress)that has become a necessity of our society. This website seems to completely miss the 'what if' element of human nature / religious extremism that creates the threat in the first place. Would you be prepared to explode a jumbo jet over London to make a big publicity statement about civil liberties? Probably not.......... Maybe???

[Pete]

Rudeness:

The only person here missing the point is you. The gentleman being talked about is a pilot, why on earth would he go to the hassle of smuggling a bomb on board. If he wanted the plane to be destroyed he would simply crash it into the ground.

At the same time, thousands of pieces of cargo are loaded onto planes without being fully screened. So if you wanted to blow the plane up, you could just send a bomb by air freight

What's so special about air travel that I must be treated as a criminal and forced to prove my innocence before I am allowed to use it.

By your logic everyone should be subjected to these procedures before using London Underground as that is where we suffered the last terrorist attack in this country

[Frightened UK resident affraid to leave any details....]

Pete - has a great point!

They're not going to smuggle an explosive on their person they'll find another more ingenious way. Exploding an aircraft mid air isn't causing maximum damage in their eyes. 9/11 the explosive device was the aircraft and that did cause maximum damage!

By the sounds of it 'Rudness' is in favour of everybody boarding having a full rectal prior! If you refuse they'll just force it on you anyway so you may as well loosen up and relax and enjoy the procedure and hope you have an attractive customs lady up there!

[alastair]

Besides which, if you want to kill or terrorise people, you'd just blow up the blasted security queue (or the airport), which always has far more people in it than any one aeroplane anyway.

Of course, the fundamentalist muslim terrorists have so far proven to be a pretty incompetent bunch anyway, mainly managing to set themselves on fire (and in some cases not even that). Even in the worst case, they managed to kill a few thousand people in a city of many millions; you have a greater risk of dying from crossing the road or simply travelling to work in your car.

The entire thing is one huge over-reaction and it's quite inexcusable that aviation security staff have been told to treat people in this way.

[Belinda]

I have been flying around the world most of my life...i will be staying home now...I will not fly under big brothers rules...it probably all started when they made smoking illegal on all flights...first one freedom and then another and another and another. It will never stop...soooooooo i am just going to stay home now and ride out this insanity. The only sad thing about all this is that I can no longer visit my family ...I live in Puerto Rico and my family lives in Ohio. I guess I will be seeing them when I get to the other side.
Thank you Global Elite for all your protection...I don't know what I did without you all those years I flew home...safely, happily, and I had a smoke while flying. You Big Brother and Sis Disgust me.

[Cathy]

I also will never fly again. Instead, I'm purchasing an RV and traveling around on my own rules, and then eventually leaving the country and heading south of the border. I'll be able to escape when all hell breaks loose in the US, and it's GOING TO!

[anny nonamous]

Rudeness is a shill. I've seen almost exactly the same comment posted on other sites concerning body scanners. It always the same shill sales pitch, ain't it: Shills sell an image of an exploding airliner. Now don't you feel sooo guilty insisting on your petty freedoms, when all you had to do to save all those lives is go through a simple scanner.
Hey shill, Too bad your boses are the terrorist masterminds, you festering droogie.

[Sorge]

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[Sorge]

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[Sorge]

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