Nov 28, 2010
Colorado lawyer, Gary Fielder, has filed for a Permanent Restraining Order in federal district court against Janet Napolitano, John Pistole, the Department of Homeland Security and the TSA. Attorney Fielder made headlines earlier this year when he refused to go through a naked body scanner installed at a Colorado courthouse . He has now filed a Complaint for Injunctive Relief to stop the naked body scanners and enhanced pat downs at our nation’s airports.
In his complaint, he details his personal story of how he and his daughters were treated during an “enhanced pat down” by the TSA on a recent trip to San Diego, describing the TSA agents’ behavior as “disgusting, unconscionable, sexual in nature, unnecessary and a complete violation of his and his children’s constitutional rights.”
The complaint is quite compelling, it’s presented below in full.
Gary D. Fielder, in his individual capacity, brings this action under the Fourth Amendment to the Constitution of the United States of America to enjoin certain agencies of UNITED STATES OF AMERICA, namely, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION, and its chief executive officers, respectively, from continuing to unreasonably search the people of the United States of America through the use of whole body imaging scanners and enhanced “pat down” procedures before boarding a commercial aircraft.
Currently, there are over 330 million citizens of the United States, none of whom have ever engaged in any terrorist activity onboard a commercial airliner, at any time or place on the planet Earth. Despite that fact, DEPARTMENT OF HOMELAND SECURITY and TRANSPORTATION SECURITY ADMINISTRATION have turned their effort to “keep us safe,” not on terrorists (who from time-to-time threaten the security of the nation), but on its people—who throughout history have shown and established a collective spirit to care for itself and specifically not terrorize others in or outside of the country.
The terrorist’s job is to terrorize the people—to interfere with freedom in such a way that disrupts ordinary life and commerce. With due respect, it is clear that the above referenced governmental agencies are aiding the terrorists’ objective to: fear monger, disrupt travel, cause great expense, pit the people against one another, restrict commerce, destroy our freedom, and (through the photographing and touching of our private areas) infuse the people with negative, and quite literally, radioactive energy.
Accordingly, it is with great sadness and much reservation that one citizen stand-up to the most powerful country in the world to ask that it be enjoined by this Honorable Court from unreasonably searching one of its own, when no reasonable and articulable basis exist to go beyond the use of conventional and time-tested methods of metal and contraband detection.
You can view the entire Complaint for Injunctive Relief below: