Comment by mothballed
1 day ago
... if you aren't detained you are free to go. And if you are free to go, you are free to stay, unless the property owner has trespassed you. TSA doesn't own the airport, at least in my state. So how can they trespass you from the airport or otherwise continue to detain you from moving forward?
I mean, I know you're right, and I know you will always lose if you try, but I don't understand the legal basis.
You are free to leave. You aren't free to go wherever you want. You aren't free to go into the employee areas, or out onto the runway. If you don't clear security, you aren't allowed in the secure portion of the airport. Not allowing entry into an area is not "detaining you from moving forward".
If the government is requiring the property owner to submit to TSA, that's a public act and not a private one, which means it is bound by the bill of rights and most importantly the 4th 5th and maybe even 6th amendment. The government cannot punish you for exercising your rights by refusing you to move forward into the private place you could otherwise lawfully go. If you can't go to the employee area, that's because certain individuals are trespassed from going there from the private owner, not because the government is forcing it. If you can't go to the boarding area, because of the TSA by public act strong arming the property owner, that is not an act of the private owner, and if it's done because you refuse to answer questions it is a violation of your rights.
The ruse here is to pretend like the property owner is agreeing with TSA because TSA forced them to this agreement by government act. But that is just the government trying to have their cake and eat it by forcing someone to do something and then pretending it is a private act which isn't bound to the constitutional right to not have to answer additional questions.
What are you talking about?
The government can absolutely pass laws prohibiting you from entering a privately owned location. There is no constitutional right of access to private property.
And more specifically, the commerce clause of the constitution allows the government to regulate air travel, which means regulating airports. The fact that they're privately owned doesn't change anything. If a private airport owner allowed you to proceed through security, they'd be breaking the law.
There's no public access doctrine for airports the way there is for streets or parks.
You clear seem to wish it was otherwise. But it's easy to do the research to understand where the authority comes from and why it's entirely constitutional.
1 reply →
Just wait until you find out how the feds enacted the 55mph speed limit or are using the threat of revoking Medicare funding for hospitals that perform certain medical procedures that the feds would like to have not happen...
Presumably the airport or airline has agreed to (or would agree if asked to) have TSA decide whether you are “free to go that way, towards the airplanes”.
You are already free to go that other way (towards the street), but not necessarily free to go the way you want.
I don't think it's a matter of whether or not you are free to go. It's a matter of whether they let you on the plane.
It's just federal law.
Cities don't own restaurants either but can fine them and close them if health inspections fail, because there's a law for that.
The legal basis is the federal laws written specifically around airport security.
I think the question here is, which laws?
LMGTFY: Aviation and Transportation Security Act
https://www.govinfo.gov/content/pkg/PLAW-107publ71/html/PLAW...
The confusion in this thread shows me that even here, no one understands even the question, let alone the answer.
As far as I can tell, a person is free to go if they refuse screening: They won't be getting on a flight, but they can just leave. There's no detainment involved in this process.
Whether they can then elect to stay is a different matter, I think.
But so what? How long would a person have to stand in a screening area before someone who properly represents the ownership of that space shows up and authoritatively tells them to GTFO, do you suppose?