[blindlaw] Fw: [Flagdu] Concerns and Promblems with TSA in Norfolk Airport
AZNOR99 at aol.com
AZNOR99 at aol.com
Sat Sep 17 13:04:21 UTC 2011
This is very unfortunate. I previously worked at the Department of
Homeland Security Office of Civil Rights and Civil Liberties, and we provided
such training to airport personnel as well as other DHS Components.
Matt has the option of initiating a civil rights complaint at the
headquarters level. If Matt wishes to do this, he can send an email to
_crcl at dhs.gov_ (mailto:crcl at dhs.gov) . If he wants contact information for people who
can take his complaint, I can provide that to him off-list.
I'll ask the list members to remember that this list is not intended to
offer legal advice and assess whether a case has merit - we cannot give legal
advice, as it may place list members and the National Association of Blind
Lawyers in a position where we are subject to allegations of legal
malpractice, the unauthorized practice of law, and on and on. However, this list
is intended to discuss the manner in which laws and practices affect the
blind, techniques for blind users to use while practicing law, and resources
available to blind attorneys and legal practitioners.
Regards,
Ronza
In a message dated 9/16/2011 5:08:06 P.M. Eastern Daylight Time,
joltingjacksandefur at gmail.com writes:
Does this man have a case? RJ
----- Original Message -----
From: "Matt Weihmuller" <saxmatt7 at gmail.com>
To: <flagdu at nfbnet.org>
Sent: Friday, September 16, 2011 4:55 PM
Subject: [Flagdu] Concerns and Promblems with TSA in Norfolk Airport
> Good afternoon everyone. I appolygize for taking your time. I usually
do
> not wish to post on this list, unless it is absolutely
> necessary. However, I am posting on this list today in the hopes that my
> unfortunate event I experienced at the TSA security checkpoint in the
> Norfolk Airport will help to benefit and educate others that might have
> the
> same unfortunate encounter.
> This post was suppose to go out two weeks ago on Friday September 2nd,
> however, for some reason it did not post and was returned to me. I have
> been traveling
> for the last two weeks and have not been able to have access to my
email
> until today. Below is a letter I have drafted to the TSA Federal
Director
> in
> Norfolk. I have not yet sent it, as I have been traveling and I hoped to
> gather some comments and critiques from as many people as possible
> regarding
> the matter. I also was hoping to resolve the matter with the TSA
manager
> of
> the Norfolk Airport, Mr. Carson, as he was very graciously working with
me
> to review the video to confirm my accusations and take the propper steps
> to
> ensure that it did not happen again. However, the last contact I
received
> with Mr. Carson was the day I left on vacation. He stated at that time
> that
> he could only find one video of a person with a service dog and the
> person
> did not fit my description. He was therefore, going to "go back to the
> drawing board" to find the video of myself. I have currently had no
> further
> contact with Mr,. Carson since then. If anyone has any suggestions on
how
> I
> can ensure that my concerns are heard in a very curtius way, I would
> greatly appreciate it. Thanks again for all your time. Here is the
> letter
> below. It reads as follows:
>
>
>
> Dear Mr. Horowitz,
>
> My name is Matt Weihmuller. I am writing you in regards to an
> unfortunately humiliating and frustrating experience I had with my
> guidedog,
> Daisy, the morning of Monday, August 29th, at the TSA Concourse A
> checkpoint
> in the Norfolk, Virginia airport. As usual, I showed my ID and
passport,
> and proceeded to remove all necessary belongings to ensure a quick and
> efficient passage through the scanner and X-ray machine. Before entering
> the scanner, I informed the agent that I was traveling with my guidedog,
> Daisy, and would "heel" the dog, having her sit and stay while I was
> cleared. I can only assume that I must have not been clear enough in my
> communication as to my situation. I am totally blind, and as such,
> without
> my mobility tools, such as a guidedog, or cane, usually one of the TSA
> agents assist me through the scanner by holding out a hand for me to
grab
> onto after I pass through the scanner. This has come about as a result
> of
> my travel over the years, where I have been asked to leave my mobility
> tool
> I.E. cane or dog behind while passing through the scanner and
> therefore,have
> bumped into the sides of the machine, enjuring myself and lengthening the
> security check process. I appolygize for this lengthy explanation,
> however, it was necessary, as this is what happened next. I proceeded to
> attempt to travel through the scanner, hoping and expecting to grab the
> hand
> of the agent on the other side to assist guiding me to a safe location,
as
> not to run into anything. As I ran squarely into the side of the
scanner,
> the TSA agent stated, "Oh, sorry, you are blind, huh?". They then finally
> concluded that I was in fact, blind and needed some assistance traveling
> through the center of the scanner. I then passed through a second time,
> not
> setting anything off, and was then cleared. I then commanded Daisy to
> travel through the scanner. She then proceeded, by herself, through the
> scanner, and I grabbed her leash directly after she set off the alarm and
> directed her toward the TSA agent to be patted down. The agent was very
> polite and greeted Daisy, commenting on how much she licked. We then
> exchanged some casual remarks about what a good dog I have and that she
> appeared to be ok. The agent then began to express that both myself and
> Daisy were clear, when a TSA supervisor, Agent Margy Sunday came from
> what
> I perceived to be out of nowhere, a nearby podium which was explained to
> me
> later, and very abruptly ordered her subordinant agents to pat both of
us
> down. I asked why and was immediately told that I had contact with the
> dog
> while she passed through the scanner. I stated that I did not have any
> contact and. Agent Sunday stated that I did and promptly walked away. I
> was
> then grabbed by a man and told to hold tightly onto my pants strongly.
I
> showed him that I was wearing a belt, an item which I had on my person
> during my cleared passage through the scanner, and stated that my pants
> would not fall off during the pat-down process, a procedure which I was
> neither properly prepared or notified about. He then commanded me to
> take
> off my belt and promptly snatched it away from me. He then patted me
> down,
> taking his hands and placing them inside my pants, firmly patting down my
> underwear and all over my body. I should state that while this
> procedure
> took place, at no time, was I allowed to have control of my guide dog, a
> direct violation of TSA disability regulations. After the pat-down
> procedure, the first female agent, who was very polite and almost
> originally
> cleared my dog and myself, stated that I was finally cleared to leave the
> area. I stated that my belt had not been returned to me. It was then
> finally explained to me, after several minutes that my belt had been
put
> back through the X-Ray machine, even though it did not alert the alarm
the
> first time I traveled through the scanner. I would have strongly
> protested, however, by this time, I needed to go to the gate. This long
> procedure had caused me a great deal of stress and time, and I felt very
> strongly that at that time I needed to be somewhat rushed, or I would not
> make it in time to board the aircraft. Upon my safe arrival in Tampa, I
> contacted the TSA Norfolk manager, Mr. Carson, who upon returning my
phone
> call, stated that Ms. Sunday has been with TSA since it's inception, and
> that if she came from behind her poste, that I must have been in error.
I
> explained the sequence of events as stated above, and was told that I
must
> have had some type of incidental contact with the dog after it passed
> through the scanner, before it was cleared. I stated that I did not, and
> was told that I must have or else Agent Sunday would not have seen any
> reason to come and given the order for the pat-down procedure. I am
> currently awaiting Mr. Carson's review of the Concourse A video to
> determine
> if I did in fact have some sort of incidental contact with my guidedog.
I
> would like to state that even if this is somehow true, at no time was I
> informed by any TSA agent of my error. Furthermore, at no time was I
> informed of the consequences of my error or what would be done to me
> during
> the pat-down procedure. I realize that this might normally seem
> unnecessary, however, as I previously stated, I am totally blind.
> Therefore, it was somewhat unnerving and terrifying, not knowing where I
> was
> standing or exactly what was going to be done to me. I realize this
again
> might not seem relevant. Again, I ask you to imagine, being in a place
> where you are standing in total darkness, while some person without your
> predetermined knolodge, evasively probes your body. The agents at the
TSA
> checkpoint should have been trained on this matter and should have taken
> necessary action to state to myself what exact procedure was necessary
for
> both Daisy and I to passs correctly through the security checkpoint.
> Furthermore, if such action is not taken, such training should be done to
> properly notify myself and any other blind individuals of what the proper
> procedure is should I not correctly pass through, I.E. what was involved
> in
> the pat-down and what articles of clothing would need to be reexamined.
> The
> TSA agents didn't even realize that I was blind until I ran into the
> scanner the first time. I would like to point out that it is not there
> responsibility to have such knolodge, but the responsibility of Agent
> Sunday
> or her superiors to train those on what should be done should another
> incident of this kind should occur in the future. It is very clear that
> Agent Sunday has not had such training, nor did Mr. Carson, the TSA
> manager.
> This greatly troubles me. I am a well educated blind individual and
> advoocate. It frightens me what could happen should a person of lesser
> independence experience the same situation. I fear that the
consequences
> of
> such an incident could be severe. I still have not been given any
> reassurance that should I follow the proper procedure in the future, that
> the same events will not occur to me again. I recently attended a
seminar
> given by a TSA representative at the National Federation of the Blind
> National Convention in Orlando this past July. I attempted to follow
> guidelines given to me at the seminar and this incident still occurs. To
> date, no TSA agent, including Agent Sunday nor Mr. Carson has properly
> explained me what I need to do to prevent this incident from happening
> again. Upon requesting such guidelines during my conversations with Mr.
> Carson regarding the contact of service animals during scanning, I was
> told
> that it is "SOP" and to explain such guidelines would compromise national
> security. It is again very clear to me that agents are not adequately
> trained for these situations, and such a reeducation program is very
> necessary. I appolygize for taking your time, however, I wanted to
inform
> you of the situation in the hopes that either myself or others who are
> not
> as willing to come forward and advocate for themselves will not have to
> experience what I had to go through in the future. Thanks again for
your
> time.
>
> Sincerely,
>
> Matt Weihmuller
>
> MMP 2010
>
> Phone: 813-541-4012
>
> _______________________________________________
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