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Release - DOJ - We Touch Your Privates or You Don't Fly
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FOR IMMEDIATE RELEASE
May 25, 2011
Contact: Kathi Seay, Office of
State Representative David Simpson
512-463-0750
DOJ THREAT: WE TOUCH YOUR PRIVATES OR YOU DONT FLY
Dept. of Justice letter threatens TSA will cancel flights in Texas
if agents are not allowed to touch passengers private areas
(Austin)In a brazen show of disregard for the dignity and the constitutional rights of American citizens, the Department
of Justice (DOJ) threatened on Tuesday to cancel flights from Texas airports if the Texas Legislature enacts HB 1937 into
law.
HB 1937, a bill to stop the Transportation Security Administration (TSA) from employing invasive pat-downs of
travelers private parts unless there is probable cause, has garnered broad support in Texas. 94 House members from both
parties coauthored the bill, and the Senate has registered both a Republican and a Democrat as sponsors. The bill passed
unanimously at all three stages so farout of the relevant House committee, on both House floor votes, and again out ofthe relevant Senate committee. With the bill scheduled for a Senate floor vote, the DOJ issued an ultimatum to the
leadership of the Texas legislature.
Either Texas backs off and continues to let government employees fondle innocent women, children and men as a
condition of travel, or the TSA will cancel Texas flights. The Federal Government showed its willingness to bully the
State of Texas if attempts to protect passengers from being forced to give up constitutional rights are not dropped.
The DOJ attempted to justify their action by an appeal to the Supremacy Clause of the United States Constitution and by
claiming that the bill would conflict directly with federal law. However, HB 1937 already grants a defense toprosecution for an offense that the actor performed pursuant to and consistent with an explicit and applicable grant of
federal authority that is consistent with the United States Constitution.
The bill clearly states that an agent is exempt from prosecution as long as a constitutionally sanctioned federal lawdirects them to perform the invasive, indecent groping searchesincluding touching breasts, sexual organs and buttocks,noted State Representative David Simpson (R-Longview), the bills author.
Instead of threatening to shut down flights in Texas, why doesnt the TSA just show us their statutory authority to gropeor ogle our private parts? asked Simpson.
All that HB 1937 does is require that the TSA abide by the Fourth Amendment to the US Constitution, Simpsoncontinued. We arent even prohibiting the pat-downs,per se. Were just saying you cant go straight to third base. Youhave to have a reasonyou have to have probable causebefore groping someones sexual organs.
Simpson concluded, Someone must make a stand against the atrocities of our government agents. As Reagan said, If notus, who? And if not now, when?
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