[blindlaw] Fw: [Flagdu] Concerns and Promblems with TSA in Norfolk Airport

[Michael Fry]

I sincerely hope that TSA agent is fired.  People are such jerks
sometimes.  I hope you get justice.

On Sat, Sep 17, 2011 at 6:04 AM,  <AZNOR99 at aol.com> wrote:
> 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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>
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