Albany Law Would Give TSA Broader Powers

A proposed bylaw in Albany County, New York, would make it a crime punishable by a fine of up to $1,000 and up to a year in jail for individuals to decline a second search at the county airport.

[T]he legislation states that it exists to fill in a “gap” in the security screening process at the airport. Currently, the law’s text explains, it is a violation of the law for any individual to refuse screening at a security checkpoint in the airport.

However, the law’s text reads, law enforcement is “powerless” if an individual refuses a secondary search and walks away from the security checkpoint.

TSA has no authority because it is a civil agency lacking any police power. Local law enforcement similarly lack authority to compel a search because it is neither a state nor federal crime to refuse to consent to a secondary search.

The law alleges that there is a possibility of vaguely defined “terrorists” using this perceived weakness to eventually foil security forces in the airports and determine weaknesses for their attacks:

Terrorists can make multiple attempts to penetrate airport security by electing not to fly on the cusp of detection until a vulnerable portal is found. The lack of enforcement of secondary searches allows terrorists a low-cost method of detecting systematic vulnerabilities in airport security, knowledge that could be extremely valuable in planning future attacks.

This assumes quite Bondian villain levels of wealth for the illusive terror enemy. Apparently the terrorists plotting to break through airport security have unlimited funding to buy plane tickets, go through security, then walk away from their ticket and trip, forfeiting not only their ticket but whatever luggage they brought with them in the first place.

[T]he proposed law is being opposed by the NYCLU, faith groups, and a wide grouping of local advocates for one cause or another. As the Albany Times Union’s Jordan Carleo-Evangelist reported in the lead up to a public hearing on the law on Tuesday, May 24:

The law could make “urgent need of a restroom” punishable by up to a $1,000 fine and a year in jail and otherwise make “criminally suspect a broad range of conduct that is entirely innocent.”…

“This law is ill-conceived and could criminalize a broad range of lawful activities,” Erika Lorshbough, legislative counsel for the NYCLU said in a statement. “If TSA agents or law enforcement have a good reason to suspect criminal activity, they already have the authority to stop and question a traveler.”

At the hearing, the Albany public was strongly against the law, despite the attempts of local law enforcement to defend it. Carleo-Evangelist, again:

Sheriff Craig Apple has said he requested the legislation on behalf of the TSA official in charge of security at all upstate airports as a way to thwart would-be terrorists from testing security by trial and error with “dry runs” of attacks.

But other critics said Tuesday that neither sheriff’s office nor the TSA has demonstrated that potential terrorists actually do that.

Albany resident Danielle Hill commented in a public Facebook post that:

It is unlikely that the majority of people who walk away are terrorists. Instead they are people with mental illness, developmental disabilities, people suffering from trama (PTSD- war vets, rape victims or victims of child abuse) parents of young children or the elderly. Individuals who are unable to withstand being touch could easily become upset and this one unnecessary charge could become 10 charges. This law is a ticket to violate travelers rights just like resisting arrest on the street, when in doubt say they refused.

The law is still in the process of being approved.