more on TSA and fear, and information on your rights

[David Farber <dave () farber net>]

Begin forwarded message:

From: Andrew C Burnette <acb () acb net>
Date: October 7, 2006 9:12:24 PM EDT
To: David Farber <dave () farber net>
Subject: more on TSA and fear, and information on your rights

Dave, for IP if you wish.

If not presenting an ID is an issue, I *always* present an alternative
government issued badge (I hold security clearances and badges with FAA,
NSA, DoD, among others).  These are often challenged by the $7/hr folks
at the check in line, but they always back down. I also prefer airlines
and airports that have kiosk terminals to check in or let me print out
boarding passes in advance, in particular due to my story below:

I travel with an assistive device, a CPAP machine (breathing machine for
sleep apnea).  I typically fly 50k+ miles per year, and two issues have
recently arisen since the 10august2006 events in the UK in addition to
an interesting story below about travel this week. There are some gems
about your rights as a traveler, and I suggest folks make themselves
aware of their rights and stand up for them.

Last few trips (post August 10th, 2006), the screeners seem a bit more
aggressive in wiping down my CPAP machine. (memo from TSA dated august
25th says "no change to inspections of assistive devices are required")

I also get "dirty looks" (pun intended) when I insist they sanitize or
change gloves prior to opening the CPAP bag. I've even asked one
screener if I could stick my finger in his nose after he opened my bag
with no gloves on. You can imagine the look I got.

Such devices (medical assistive devices) do NOT count towards airline
carryon limits according to DOT, FAA and TSA regulations, and this is
NOT a point in which the airline has any choice. It's the law and is
also backed up by the Americans with Disabilities Act.

Tuesday october 3rd, in Atlantic City NJ on Spirit Airlines (flown them
at least fifty times or more) I was refused carryon of my "roller bag,
laptop bag, and cpap bag" as being three items. (anyone who has flown
recently also knows the overhead bins are virtually empty because
everyone is checking additional baggage). In two years, that's the first
time anyone has said "boo" about the CPAP bag. I filed complaints with
the airline, and the TSA.

Now of course, the irony is that my CPAP bag is "clean, tidy and
everything looks new (and is maintained in a sanitary state insofar as
possible" while my laptop bag is loaded with every wire, gadget, extra
hard drives, cases, wireless access point, cards, hard candy, coins and
they could care less about searching it.


Results of my complaints AND your rights:

Resolution:

TSA call center advised placing a very visible sticker on bag that says
"CPAP breathing machine, please sanitize hands or change gloves prior to
inspection to maintain sterile environment" and be firm and polite and
explain as clearly as possible why you do not want your medical
equipment exposed to any more "new" germs than absolutely necessary. You
also have the right to always be within direct sight of your belongings
throughout the screening process. The call center said "ask for a
supervisor" anytime in the process where you're not being properly dealt
with. You also have the right to be within line of sight of your
belongings at ALL times throughout the screening process.

and to carry a copy of the TSA/DOT rules on the subject.

http://airconsumer.ost.dot.gov/publications/flyrights.htm#pass

As for airline 'ticket counter issues' or issues at the gate on the
medical equipment exception to the bag count, airlines must make
available a specially-trained Complaints Resolution Official if a
dispute arises.

There must be a copy of the DOT rule at every airport. FAA regulation
Part 382 requires all airlines to have a CRO available at each airport
they serve during all hours of operation. The CRO may be made available
by telephone. The CRO is a resource for resolving difficulties related
to disability accommodation.

Spirit (airlines) called back with a free flight voucher and an apology,
and a promise to better educate the employees in Atlantic City.

My return trip was smoother than glass, as I was personally escorted
rapidly through security after the gate agent discovered the note in my
itinerary (I did indicate I would take legal action under the ADA if any
similar problems happened again).

Clearly, the TSA (thousands standing around) have simply responded to an
additional threat with more window dressing, and even less effective
screening.

Cheers,
andy burnette

principal analyst, telcordia technologies
http://www.argreenhouse.com/




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