Integrity Legal

Something very troubling recently came to this blogger’s attention. This posting must be prefaced with a statement for posterity: the vast majority of American civil servants are upright, honest, and conscientious employees of the American State and Federal governments who try their best to assist and provide valuable services to the American public. Their hard work should not be overlooked especially in this current era of virtually instantaneous communication.

One of America’s strengths stems from her flexibility and versatility in a political, foreign relations, and geopolitical context. In a domestic context this international flexibility is hard won as it generally stems from fierce national political and legal debate. The following is quoted directly from the website MyFoxDetroit.com:

ROMULUS, Mich. (WJBK) – The Mandy family says they were on their way to the happiest place on earth (Disney), but had to go through hell to get there. “I realize they’re trying to keep people safe, but come on, does he look like a terrorist?” said Dr. David Mandy. The family was going through security when two TSA agents singled Drew Mandy out for a special pat down. Drew is severely mentally disabled. He’s 29, but his parents said he has the mental capacity of a two-year-old, which made the experience that followed at metro Detroit’s McNamera Terminal that much harder to deal with. “You have got to be kidding me. I honestly felt that those two agents did not know what they were doing,” Mandy told us. Dr. Mandy claimed they asked Drew to place his feet on the yellow shoe line, something he didn’t understand. They proceeded to pat his pants down, questioning the padding which was his adult diapers. When the agents asked Drew to take his hand and rub the front and back of his pants so they could swab it for explosives, his dad stepped in and tried to explain that Drew was mentally challenged. “They said, ‘Please, sir, we know what we’re doing,’” Mandy said. The TSA agents saw Drew holding a six-inch plastic hammer. “My son carries his ball and his hammer for security. He goes everywhere with (them),” said Mandy. The TSA it seems saw the toy as a weapon. “He took the hammer and he tapped the wall. ‘See, it’s hard. It could be used as a weapon,’” Mandy explained. “So, Drew’s also holding the ball, and I said, ‘Well, how about the ball?’ He (said), ‘Oh, he can keep that.” Dr. Mandy was told he would need to have the toy shipped if he wanted to keep it, a process which caused them to almost miss their plane, so he pitched it. “It just killed me to have to throw it away because he’s been carrying this like for 20 years,” Mandy said…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above to read more and also view the video of the interview with this man’s father.

The so-called “Transportation Security Administration” (TSA) is, quite simply: a travesty. This story is absolutely heartbreaking.

Continuing, there is a poignant film from Hallmark Hall of Fame entitled: The Boys Next Door. This film is mentioned because the narrative of the film chronicles the lives of a group of mentally challenged men who are simply trying to live their lives like any other Americans inherently endowed with the privileges and/or immunities of American Citizenship. Their fictional trials, tribulations, and treatment at the hands of greater society provides illumination about what freedom means for people of all backgrounds in the United States and across the globe. There is a very salient moment to be taken from this film in the context of these current events. Perhaps it may be best to quote directly from a critical article written by Hal Boedeker, Sentinel Television Critic, on February 4th 1996 and posted on the website of the Orlando Sentinel, OrlandoSentinel.com:

The movie also spells out its good intentions. Jack imagines feeble-minded Lucien telling a state senate panel: ”Civilizations are judged by the way they treat their most helpless of citizens. And if you turn away from me, you extinguish your own light, deny your own warmth.”

The administration of this weblog encourages readers to click upon the relevant hyperlinks noted above to read this article in full and gain further insight. Furthermore, viewing this film may be insightful as well, under the circumstances. For a relevant video clip please click HERE.

The reader needs to recognize that Mr. Mandy, like all Americans, is endowed by his creator with certain inalienable rights and one of those inalienable rights is the right to be free from unreasonable searches and seizures pursuant to the 4th Amendment of the United States Constitution. How is it reasonable, America, to believe that a man in Mr. Mandy’s position should have his 4th Amendment rights stripped without just cause? Was there probable cause to have these rights stripped? Were there exigent circumstances? What security interest was upheld by trampling upon this man’s liberty? More importantly, how can Mr. Mandy’s public servants have the audacity to treat him with such disrespect when, in reality, it is their job to serve and protect HIM!!!! For if not him, then whom? Furthermore, is not Mr. Mandy accorded an unfettered right to travel pursuant to both his State and United States Citizenship? Finally, would it be unreasonable to posit that Mr. Mandy may be entitled to some just compensation for having a treasured item, which apparently had been literally held for twenty years, taken and thrown out pursuant to a questionably lawful search?

This story was acutely difficult to read because the victim of this injustice is the same age as this blogger. There is an old saying: “There but for the grace of God, go I.” Simply put: were factual circumstances different, this could just as easily have been this blogger or any reader in this audience. That stated, I would hope that if I were mentally disabled my civil servants would comport themselves in such a way that facilitated my travel and aided me in my distress (as one can only infer that this incident caused this man considerable distress and consternation since having one’s “pant’s patted down” AKA: being groped, is upsetting for anyone, especially Americans who are used to their government, usually in the form of bonded peace officers; respecting their privacy and right to be free from unwanted searches, seizures, and molestation by American governmental agents).

Whatever excuses or apologies that TSA wishes to extend regarding this incident are irrelevant for they have committed an irrevocable violation of this man’s Constitutional and Human rights, but this issue goes deeper as these are the servants of We The People and therefore it is upon us as Americans to recognize this problem in order to make attempts at redressing it via either election, legislation, or even; perhaps, a possible legal decision.

At the level of the sovereign American States, it would appear as though further efforts are being undertaken to curtail the questionably legal activities of the TSA.To quote directly from the official website of the Examiner, Examiner.com:

The federal Transportation and Security Administration may have thought it had the last word in its battle with the state of Texas over a controversial bill that would make airport pat-downs a criminal offense. The fight, however, is anything but over as the state Senate prepares take up the bill for the second time. The bill, HB 1937, would make it a misdemeanor for TSA personnel to touch “the anus, sexual organ, buttocks, or breast of another person including through the clothing.” The penalties for violating the law would be a $4,000 fine and up to a year in jail…

Readers are asked to click upon the hyperlinks above to find out further details. Frequent readers of this blog may recall that Texas was recently the scene of some tension regarding these issues as the Texas Senate became the recipient of what would appear to have been significant federal pressure operating against similar legislation which was previously submitted. It also appears as if the sovereign State of Texas is not the only State which may be looking at such legislation, to quote directly from the website of STGNews, Stgnews.com:

SALT LAKE CITY – Representative Carl Wimmer (R-Herriman) opened a bill file today that, according to his website post,  “will prohibit TSA pat downs in Utah without reasonable suspicion. Texas needs us to stand with them.” Taking a hint from what Texas has sought to enroll in her laws, this suggests that Transportation Security Administration agents, on site at Utah airports, may become subject to the same criteria that other law enforcement officials must meet before performing a search upon a person…

The administration of this web log highly recommends that readers click upon the above cited hyperlinks to read this story in detail.

As it appears that the sovereign State of Utah is now joining the chorus of those calling for legislation regarding the curtailment of TSA abuses. It remains to be seen whether any such legislation will actually see passage. It seems likely that this is not the last we have heard on this issue.

– Benjamin Walter Hart

Tags: 4th Amendment, American Constitution, Detroit's McNamera Terminal, Hallmark Hall of Fame, HB 1937, Human Rights, mental capacity of a two-year-old, mentally challenged, privileges and immunities of United States Citizenship, privileges or immunities of United States Citizenship, reasonable suspicion, Search and Seizure, six-inch plastic hammer, State of Texas, State of Utah, The Boys Next Door, There but for the grace of god go I, Transportation Security Administration, Transportation Security Administration agents, TSA, U.S. Constitution, unreasonable search and seizure
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