Sunday, November 14, 2010

Opt Out, Part Deux

According to TSA'a guidelines, if you opt out, you can be subject to CIVIL penalty of up to $10,000 per violation. The procedure, outlined here, lays out the prosecution guidelines. Please note that at no point is the alleged violator given the option of a jury trial. Also, the alleged violator is accused, convicted, and assessed, with final disposition (if disputed) subject to the ruling of an Administrative Law Judge.

I have one word for this procedure: Unconstitutional.

Whether or not you agree that the act of purchasing a plane ticket waives your 4th and 5th Amendment rights, the fact that the penalties are civil in nature strikes me as an attempt to defuse the core constitutional question regarding the right to a jury trial. Since the attempted fine to be exacted exceeds the sum of $20.00, (it is $10,000 per alleged violation), the denial of the right to a jury trial under both Article 3 Section 2 AND the 7th Amendment strikes me as ripe for challenge.

What say you?



Alan said...

I say the TSA has jumped the shark.

Ruth said...

SOmeone might be about to test that too....