I don't think this man will be fined since he was mistakenly escorted out of the screening area by security personnel, but he did us all a favor by educating the public--and terrorists!--about the federal requirement to complete the screening process once someone has started it.
Man faces $11K fine for refusing TSA screening
November 15, 2010
An Oceanside man who blogged about a confrontation with security officials at the San Diego airport could be slapped with a civil penalty of up to $11,000 for violating federal law, a Transportation Security Administration official said Monday.
"What he's done, he's violated federal law and federal regulations which states once you enter and start the process you have to complete it," said Michael Aguilar.
Aguilar, the TSA's federal security director in San Diego, told reporters at a news conference outside Lindbergh Field Monday, that the agency has opened an investigation, which could result in a civil penalty because the man refused to complete the security scanning process.
"Once a passenger has entered into that screening process, he cannot opt out of it,'' Aguilar said. "We conduct our screenings under the auspices of the 4th amendment...constitution of the 4th amendment that allows us to do administrative screenings and searches."
John Tyner, a 31-year-old software programmer, was headed to South Dakota for a vacation when TSA officials directed him to a full-body scanner in the airport security line.
He refused the full body scan and opted for a traditional scan and pat-down, Aguilar said. However, Tyner refused to submit to a "groin check,'' which led TSA agents to eventually deny him the ability to board his flight.
According to Tyner, he was escorted from the security area and was given a full refund for the ticket at his airline's ticket counter.
After getting the refund, Tyner was approached by a TSA official who said he must submit to the full screening process before leaving. Tyner said he was threatened with a civil lawsuit if he left the airport, but he was also told that no one was forcing him to stay. He then left.