Project Gulf Impact is an organization of people dedicated to spreading the word that the BP oil spill is not cleaned up, that it's still a goddamn mess, and something needs to be done about it.
Associated with the project were three people who departed from the airport at Ontario, California to travel to the Gulf to carry out the project's work. Curiously, of all the people waiting in line to be "screened", only these three were selected for the personal search.
But of special interest here is what happened when one of the three began taping the search of the last one to go through.
Recall our own Shadan7 had an excellent diary last week about TSA's clumsy efforts to squelch YouTube dissent about its inadequate security procedures..
TSA never learns apparently.
On the evening of 12/28/10, TSA at the Ontario Airport was telling people:
They don't want that on YouTube. ... You can't take pictures at the checkpoint. ... it's a federal crime to do that.
I have prepared helpful little libretto of this fine display of legal knowledge on the part of the Ministry of Homeland Security, so you can sing along if you like as you watch the video.
(Looking towards TSA checkpoint, where a Transportation Security Officer wearing blue gloves is apparently explaining the personal search procedure to a passenger who is seated in a chair, with back to camera. Some instructions from the TSA agent can be faintly heard. A female passenger comes close into view, smiles at camera.).
Male voice: (To female): I'm filming it, move. I mean, stay here.
(The TSA agent is in the process of searching the male passenger.)
Male voice: So he – the three of us literally just all got pulled over for something that's funny, I don't even know why
Female voice: Did they look at them?
Male voice: I don't know, all my shit went through, I don't know.
TSA: Sir. Sir.
Male voice: I'm filming it, yes. It's not illegal to film.
(Camera goes to a second TSA agent who is standing away from the security check-point).
TSA: They don't want this on YouTube or video –
Male voice: – It's just for private – it's private use, he's my friend.
TSA: Hi.
Male voice: Hi.
(Man wearing TSA uniform comes into view; his face is not shown.).
TSA: You can't take photos of the check point sir.
Male voice: It's not illegal to film in a public place.
TSA: Excuse me?
Male voice: It's not illegal in a public place.
(Man wearing TSA uniform raises clipboard, partially blocking camera view, t is not clear if this is intentional.)
TSA: But a federal security check point, when we have our machines ringing X-rays, it's a federal crime to do that.
Male voice: It's a cri – it's a federal crime?
TSA: In a federal checkpoint, yes.
(Man wearing TSA uniform gestures towards checkpoint)
TSA:: You can film our personnel, but not our x-ray uh …
(Camera points back towards checkpoint, where the personal search of the male passenger is continuing)
Male voice: I'm not filming the machine, I'm filming my friend.
Female voice: Yeah, we're filming him.
(Pause in conversation)
Female voice: You're going to get arrested right now.
(Loud banging heard).
Male voice: If they arrest me, what are they going to do?
Female voice: (Laughs.)
(The male passenger is now seated in the chair again; the TSA agent appears to be inspecting the soles of his stockinged feet. The search appears to be reaching completion.)
Male voice: Is anybody coming?
(Pause in conversation)
Male voice: Listen, if something happens, just start filming.
(END)
Oh, and by the way, there have been multiple instances of persons taking photographs at checkpoints being harassed, detained or intimidated. TSA apparently has a thing about creepy terroristical photographers in hoodies. This goes back a number of years, for example at Houston IAH in 2003. More recently, New York JFK in August this year (TSA seizes camera and deletes images). And of course we have the well-known effort to confiscate the images of the tuckered out TSA agent and the search of the shirtless six-year old (2,474,194 hits as of 12/31/10, BTW).
Air traveler and blogger Steven Frischling, who, among other things, has had the honor of having been subpoenaed for blogging about TSA, was arrested on on 11/22/10 for taking photographs. One has to read the whole post, and also, one has to realize that Mr. Frischling, despite having ample justification, is not hostile to TSA. A sample.
... with that that the Trooper informed me that it was the TSA had requested a Trooper, and he was informed that I was “hiding” and trying to “conceal” my photography of the security area (again, security footage somewhere can show I was in no way hiding or concealing my action). The Trooper went on to say it was the TSA at the airport that let it be known that photography of the checkpoint was illegal and a ‘Federal Offense.’
Fortunately Mr. Frischling had in his speed dial the telephone number of TSA's Office of Strategic Communications, and with one quick press of a button, he was able to get matters explained to the Connecticut state trooper.
What, you don't have the that telephone number in your speed dial? Save it for the jury, ya mangy terrorist!
I crawled up the mountaintop of enlightenment known as the TSA Blog seeking answers, and here's what the guru told me (almost) word for word:
OOOOMMMMMMMMMM
... we know there’s a difference between someone taking a casual photo and someone doing surveillance, but if you are taking pictures at or near the checkpoint, don’t be surprised if someone (TSA, airport police, or a curious passenger) asks you what you’re up to.
We don’t prohibit public, passengers or press from photographing, videotaping, or filming at screening locations. You can take pictures at our checkpoints as long as you’re not interfering with the screening process or slowing things down. We also ask that you do not film or take pictures of our monitors.
However… while the TSA does not prohibit photographs at screening locations, local laws, state statutes, or local ordinances might. Your best bet is to call ahead and see what that specific airport’s policy is.
What a coincidence, then, that
- On 11/22/10 it was a "federal offense" in Hartford CT to take photographs at a TSA check point.
- On 12/28/10 it was a "federal crime" to take photographs in Ontario, California.
I went back to the TSA website (or I think it was the TSA website), and I found, I'm pretty sure this was the official position of the Ontario and Hartford franchises:
WALTER
And let's also not forget--let's not
forget, Dude--that keeping wildlife,
an amphibious rodent, for uh,
domestic, you know, within the city--
that isn't legal either.
DUDE
What're you, a fucking park ranger
now?
What now exists at the airport, and for all persons who wish to travel by commercial air in this country, is a zone where you have no protection against any violation of your person. And, by definition, it won't be considered a "violation." If you think otherwise, you are branded a prude, a whiner, or a fool.
But let us move into a new zone of constitutional negation. Ignore that bullshit on the TSA website about photography being legal (maybe). Law doesn't matter here.
Intimidation is enough.
Or is it? Make your choice.