5 things you should never say to a TSA screener

by Christopher Elliott on August 19, 2012

It happened to Ann Holley again last week. As she passed through the security checkpoint at Atlanta’s busy airport, she asked a TSA agent to “opt out” of being screened by a full-body scanner.

Under the agency’s rules, she received an automatic “enhanced” pat-down.

She wishes she hadn’t.

“I was left waiting for an agent to come by and give me a pat-down,” says Holley, who works for the federal government in Hartford, Conn. “I waited 15 minutes.”

She adds, “I’m wondering whether TSA has decided to leave those who opt out hanging so we’ll eventually get tired of waiting and give in, the way nearly everyone else does. I never see anyone else opting out anymore.”

Holley — not her real name because she’s afraid the TSA will make her wait even longer the next time she’s in Atlanta — committed one of the passenger screening “no-nos” that you need to know about before your next flight. They include cracking jokes, mentioning certain laws and sometimes, just asking simple questions.

But to answer her question: Does the TSA intentionally keep passengers waiting? If there is such a policy, it is almost certainly an unofficial one. There’s ample evidence of its existence, including this passenger in Phoenix who had to wait in a glass cage nearly an hour when she balked at TSA screening of her breastmilk (see video, above).

What should you never, ever, say to a TSA agent?

“I demand to opt out!” See example, above. Personally, I avoid those untested scanners just like Holley, but there’s a right way and a wrong way to do it. Taking a loud, principled stand at the airport is likely to end you up in that glass penalty box. Instead, look for the line without a scanner and if you’re sent into the wrong queue, say that you’d prefer not to use the scanner. I suspect that exclaiming, “I opt out!” will force a supervisor over, and good luck making your next flight. (For the record, Holly made her flight — but just barely.)

“May I take your picture?” Although the official TSA policy is that taking snapshots are allowed at a screening area, the truth is, agents don’t like to be photographed at work. I know, because I’ve been at a major airport with a public affairs officer and a professional photographer, and have been told that the policy isn’t worth the HTML it’s coded on. A careful read of the actual rule makes that reasonably clear: “Taking photographs may also prompt airport police or a TSA official to ask what your purpose is,” it says. Who in their right mind would want to be subject to a police interrogation?

My advice: Unless you see abusive behavior that must be documented, don’t provoke the agents by pointing a camera at them or asking if they’d like to be part of your vacation photo album. (They don’t.)

“Ever heard of the Fourth Amendment?” That would be the one about the right of the people to be secure against unreasonable searches and seizures, in case you were wondering. Aaron Tobey famously posed that question on his chest last year, and was arrested. Of course, we can hope that most TSA agents have heard of the Fourth Amendment, as well as some of the other constitutional questions surrounding the latest screening methods.

Although I agree with the protesters that the TSA is treading on thin ice, constitutionally speaking, I think the best place to bring this up is either in a court of law or at the ballot box this November.

“So a terrorist walks into a bar …” TSA agents aren’t supposed to have a sense of humor (although when they do, it makes the failed comedians of the world sound funny). The agency dryly warns that quips about bombs will not expedite the screening process. No, duh.

The real joke, of course, is that we’re paying $8 billion a year to fund this circus. It’s a joke no one is laughing about, except perhaps the well-connected subcontractors who are building the gadgets and scanners that are supposed to protect us from those funny terrorist bombs that haven’t shown up at the airport yet. And those subcontractors are laughing … all the way to the bank.

“How can you live with yourself?” If you haven’t already guessed it, being a TSA agent can be a thankless job. Many workers disagree with their agency’s policies, but they stay on the job because they need the work. The last thing these federal workers want is an angry confrontation with a passenger who thinks they are all gate rapists operating above the law. (Fact is, what the TSA does is highly questionable, and when they aren’t on the job, I’m sure agents do a great deal of reflection — but there’s a time and place for it.)

Dressing down a TSA agent at the airport, while tempting, serves no useful purpose. These federal employees answered a call to duty printed on the side of a pizza box and are protecting us from airborne jihadists, or so they think. You have decided to fly, and in doing so, to subject yourself to their wrongheaded screening. If you have a problem with that, do something well in advance of your flight, not half an hour before departure.

That said, there are times when you ought to speak up. But that’s a topic for another time.

  • http://profile.yahoo.com/PD6ZHK5O2FHX6J2LS5XEYG4ZBA escism

    There is absolutely NO doubt in my mind that the TSA has an intentional, albeit ‘unofficial’ policy of keeping anyone waiting who opts out. It took me 45 minutes to get through their opt out process which included an initial 15 minute wait and multiple subsequent searches and pat downs. I was livid… and still am.

    • http://tsanewsblog.com/214/news/history-repeats-itself-with-tsas-strip-search-tactics/ Lisa Simeone

      ecsism, you’re right. The goons have admitted this outright. Some links:

      Barry Smitherman, chairman of the Public Utility Commission, told KTBC-TV, “FOX 7″ (see raw interview clip below), that he was pulled out of the line to a standard metal detector to inste ad go through a full body scanning machine. This was at the discretion of a TSA worker, he said.
      “The TSA agent goes ‘Opt out, opt out! We’ve got an opt out! — calling everyone’s attention to me,” he said, of the ordeal.
      After what he called an “aggressive” pat-down in public, and a search of his baggage one item at a time (even one asprin pill at a time, he said) he asked why the laborious search.
      “You’re punishing me for opting out, aren’t you? And to her credit she said ‘Yes we are.’”

      http://www.lonestarreport.org/LoneStarReport/BlogArchive/tabid/65/EntryId/1225/Anti-groping-bill-clears-committee-gathers-enough-support-to-pass-both-chambers-UPDATE-Perry-says-theres-not-enough-time-left.aspx

      Another account, this time from Jeffrey Goldberg of The Atlantic:

      I asked him if he was looking forward to conducting the full-on pat-downs. “Nobody’s going to do it,” he said, “once they find out that we’re going to do.”
      In other words, people, when faced with a choice, will inevitably
      choose the Dick-Measuring Device over molestation? “That’s what we’re hoping for. We’re trying to get everyone into the machine.” He called over a colleague. “Tell him what you call the back-scatter,” he said. “The Dick-Measuring Device,” I said. “That’s the truth,” the other officer responded.

      http://www.theatlantic.com/national/archive/2010/10/for-the-first-time-the-tsa-meets-resistance/65390/

      Then again, sometimes the TSA punishes people just for the hell of it, as I discovered, as travel writer Charlie Leocha discovered, as Texas Public Utility Commission chairman Barry Smitherman discovered, as Jeffrey Goldberg of The Atlantic discovered, as this couple discovered.
      http://tsanewsblog.com/214/news/history-repeats-itself-with-tsas-strip-search-tactics/

  • http://www.facebook.com/people/Robert-Hollis-Weber/100000095895830 Robert Hollis Weber

    I have to disagree on this one, Christopher. Americans need to take a stand against this agency. They need to say loudly and proudly, “I will not participate.” They need to opt out and say why. I disagree that “dressing down a TSA agent at the airport, while tempting, serves no useful purpose.” It’s risky, but every time a passenger quietly assents the TSA gets to say “see, no one objects to what we’re doing.”

    I’m not suggesting that you joke about bombs or say anything incendiary, but I do believe that we have to flex our civil rights lest the atrophy. I look screeners in the eye and say to them, “I believe that your agency is engaged in unconstitutional activity and by working here, you’re complicit.” (I always say “I believe that” rather than just “you are.” No one can prove what I do or don’t believe.)

    By the way, the video of the woman in the box was infuriating. She should have said “You have no legal right to detain me. Either screen me or let me go on my way.” If that failed, she should have demanded to speak with a cop.

    • http://tsanewsblog.com/214/news/history-repeats-itself-with-tsas-strip-search-tactics/ Lisa Simeone

      Her name is Stacey Armato, and she’s a lawyer. Even she, with all the tools of the legal trade at her disposal, found there was nothing she could do. The power-tripping thugs in blue were determined to punish her.

      It took her a whole year to gather whatever ammo she needed to file suit. Which she did. God knows how long that’ll take to make its way through the courts:

      http://www.courthousenews.com/2011/12/16/42315.htm

    • http://elliott.org Christopher Elliott

      Please stay tuned for the sequel to this column on 5 times you should take a stand against the TSA.

  • http://www.facebook.com/people/Robert-Hollis-Weber/100000095895830 Robert Hollis Weber

    One other thing:
    Aaron Tobey’s lawsuit was thrown out this week. The judge didn’t say that Tobey was wrong when he claimed his 1st and 4th amendment rights were violated. Tobey’s mistake was naming (among others) John Pistole and Janet Napolitano, who weren’t at the airport that morning. The judge said Tobey couldn’t hold them responsible for his arrest and detention.

    • http://elliott.org Christopher Elliott

      Thank you, yes. So noted.

  • Drontil

    Poll results show exactly why the TSA is “succeeding” with its campaign of assault and abuse at checkpoints: people are afraid. If everyone would stop being afraid, this agency and its tactics could be defeated in short order.

  • Dan

    I find the whole “they’re just doing their jobs, don’t criticize them” to be wrong. That defense didn’t work at Nuremberg. It’s not goign to work here. If they have a problem with policy, they should find another job.

    Also, there are some abusive thugs who LOVE to bully people. It’s been shown, time and time again.

    In addition, people have a right to film without naming why, so long as it does not interfere with any procedures (ie, if they stop a bag search or whatever). Courts have upheld that right. I say they deserve to be filmed and accountable to the public at all times if they are going to continue working for a system that has done so much wrong.

  • pabarge

    I watch what I say but I always opt-out. Always. And I always get to the airport early enough to account for the possibility that I’m going to get patted down. And if it has been 5 minutes or more of waiting for my pat-down, I always ask the nearest TSA agent to call again for my pat-down. So far it works.

  • http://tsanewsblog.com/214/news/history-repeats-itself-with-tsas-strip-search-tactics/ Lisa Simeone

    I took the last flight of my life in September 2010. This was just before the gropes were implemented nationwide, but after the strip-search scanners had already started being installed. I flew out of BWI. I knew they had the scanners and knew I would opt out.

    All the people in line ahead of my husband and me were directed through the metal detector. When I stepped up, the TSA agent pulled a rope across the lane and directed me to the scanner. I politely declined. “No, thank you,” I said, “I don’t want to go through the scanner.”

    The pressure began immediately, from her and everyone around her. All the other TSA agents started the drumbeat: “I don’t know why. It’s faster and safer.” I didn’t argue with the “safer” bullshit, just said cheerfully, “That’s okay; I have lots of time before my flight.”

    So they made me go through the metal detector, which I did without alarming anything, and then they made me wait.

    And wait. And wait. And wait.

    At one point I saw something I have never seen in all my years of flying: there was no one in the security line. No one. It was empty. Yet still they made me wait.

    Finally, I asked when I would be patted down, and got yelled at. I mean yelled.

    They were clearly punishing me for opting out. It was obvious.

    Eventually someone came over — a rare polite TSA person — and gave me the pointless pat-down (again, this was before the gropes came along).

    The whole time, my belongings were out of my sight. After being screamed at to “Don’t move!” I was standing there doing nothing. If my husband hadn’t been on the other side watching my stuff, it could’ve gotten stolen, which happens, of course, to people all the time.

  • http://pulse.yahoo.com/_QQ2DRSUIE2WNHL7G72UMCB4UOM Chris

    I always just say, when directed to the Rape-i-scan, “I’ll opt out.” Say it as calmly as you can manage. It’s a statement of fact, and it asserts a claim that the TSA recognizes.

  • Public_Man

    I used a variation on the “how can you live with yourself” choice in Boston. Something looked suspicious in my carryon bag so the screener went through it. I was carrying terroristic pencil leads for my mechanical pencil – I’m an engineer – so I probably deserved the extra scrutiny :) .
    When the screener was all done, I told him that he looked like a reasonably intelligent, ambitious young man. Why was he spending his life going throught people’s dirty underwear?
    The response: “It shames me to do this but the money is good.”

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