05/26/11

Permalink Feds threaten to ground Texas airplanes if anti-groping bill becomes law

A bill that would criminalize TSA agents who conduct airport patdown searches was scuttled last night after the federal government threatened to ground all flights out of Texas.

The proposed law would have levied misdemeanor charges against security agents who "intentionally, knowingly, or recklessly [touch] the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing, or touching the other person in a manner that would be offensive to a reasonable person." An earlier version of House Bill 1937 would have made such action a felony.

"If [the legislation] passes, the federal government would likely seek an emergency stay of the statute," a letter from the Department of Justice explained (PDF). "Unless or until a such a stay were granted, TSA would likely be required to cancel any flight or series of flights for which it could not ensure the safety of passengers and crew."

As a result, the bill's co-sponsor in the Texas Senate withdrew the legislation. It had cleared the Texas House by unanimous vote.

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