3 troubling ways the TSA punishes passengers who opt out

Africa Studio/Shutterstock
Africa Studio/Shutterstock
If you don’t want to walk through a poorly tested full-body scanner or have a TSA agent belittle your anatomy before your next flight, then you still have the right to opt out and submit to an “enhanced” pat-down.

That’s exactly what I did on a recent trip from Orlando to Atlanta. Actually, I do it every time I fly.

But as I waited for a male agent — who would ask me to spread my legs, would touch my torso, rub the inside of my legs, and feel the back of my neck and arms — I began to understand what the TSA really means when it says it’s focusing its efforts on “intelligence-driven, risk-based screening procedures.”

It means that when we’re screened at the airport, we’re separate, but we’re not equal.

A new passenger underclass

The TSA likes to talk about the “haves” — the elite-level frequent fliers, the soldiers in uniform, the crewmembers, who can now almost always bypass the scanners, the shoe-removal, and the pat-downs, and get to the gate quickly. It’s received a lot of positive coverage from an unskeptical mainstream media about those programs.

But it doesn’t really say much about the “have-nots” — the passengers with medical conditions and implants that set off the magnetometers, the folks who don’t fly frequently enough to be part of the Pre-Check club, and yeah, the opt-outs.

Actually, opt-outs are arguably the biggest segment of the new passenger underclass. The TSA doesn’t release statistics on air travelers who refuse a full-body scan, but anecdotal evidence suggests their numbers are large and growing.

Let’s take a closer look at how the TSA treats opt-outs as second class citizens.

Intimidation. As I waited for my TSA screener in Orlando, I noticed an attractive young woman standing next to me. “Opting out?” I asked her. She nodded. I made eye contact with her, which is when I saw a look that can be best described as raw terror. It is the anticipation of what may come next, whether it’s a botched pat-down that violates your human dignity or a public humiliation, that stokes those fears. I admit, I experience similar misgivings every time I tell an agent that I’d rather not go through the scanner. My only consolation is that if something goes wrong, I can write about it.

Harassment. As it turns out, our fears are somewhat justified. Last week, I heard from Maura Maia, a flight attendant for a major airline, who says that while she enjoys breezing through the crewmember line when she’s in uniform, the treatment is vastly different when she’s off the clock. She recently flew in civilian clothes and opted out. “The TSA agent started yelling at me when I said I wasn’t going into the full-body scan,” she says. Maia stood her ground, but says “I was humiliated in public.” She adds, “When I came back to the same airport, that time on my uniform, and tried to file a complaint with the TSA supervisor, he waved me away.” The TSA can’t force you through the scanners, but it will try. Yelling at passengers is unacceptable.

Retaliatory wait time. That’s a term believed to be widely used within the TSA, and it means exactly what it says. If you opt out, you could be forced to wait — and possibly miss your flight. But it’s not just the length of the wait, it’s also the place. Passengers are sometimes herded to a secure holding area, which functions like a penalty box in a hockey game. You can see who is in it, and by being in it, you’re assumed to have done something wrong. It’s embarrassing, and the TSA agents keeping you in the box know it. Of course, some would argue that the “enhanced” pat-down is also retaliatory, and in the hands of some screeners, it certainly can be.

But why is this happening? For TSA agents, opt-outs are a pain. They have to explain the pat-down procedure, put on a pair of blue latex gloves, get moved from their duty station, and, worst of all, there’s a pretty good chance the traveler will object to the manual screening in some way. When that happens, a supervisor must be summoned and possibly the airport police, since TSA agents have no law enforcement authority. It can get really messy.

For the TSA as an institution, opt-outs are an easily identifiable group of contrarians who do inconvenient things like vote for candidates who push for more agency oversight, write to their congressional representative when they fail to hold the TSA accountable for its failures, and demand common-sense security instead of the circus we still have today, more than a decade after the 9/11 attacks. Punishing these passengers makes sense on an institutional level, so it’s no surprise that supervisors would look the other way while agents threaten, intimidate, and humiliate the opt-outs, if not encourage it.

The false choice between a dangerous scan and an invasive pat-down must end, and the sooner it happens, the better.

In the meantime, here’s an idea: Why not give anyone who opts-out the same treatment as the folks with Pre-Check clearance? Why not just send them through the metal detector, allowing them to keep their shoes and jackets on?

No self-respecting terrorist would ever ask for a pat-down instead of walking through the easily foiled body scanners.

The opt-outs present no meaningful threat to airport security. The TSA should screen them with the pre-checks and pilots instead of penalizing them for doing what every passenger should be doing in the first place.

Is the TSA discriminating against opt-outs?

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  • dourdan

    yeah it always frustrates me when the “economy class” line is diverges in to 2- one for the body scanner, one for the metal detector.

    if my and my husband get separated guess what line always moves faster. it just seems like they (SFO 1 year ago- the last time i flew anywhere) use the body scanners because they’re there. SFO could work just as well with out them.

  • crash025

    Not all of the agents harass people that opt out. i’ve had more than 70 flights last year, and I have not been put in the queue for opt outs. I got UA gold, and the CLT TSA people have even recommended that I go for global entry. Last year I always got to the airport with more than enough time to spair so I could wait.

    There have been only 2 times where an agent has inappropriately screened me. The first was an issue with the glove scanning machine [enough to where it was questionable, and then he never statated why there "was remediation" only to say "this is what happens when you opt out" [sic] The other time had a bit of a power trip with demanding that I sit infront of everyone else, rather than stand to the side. [I wasn't impacient and I don't mind standing] This was that same night I had the major issues with Delta CLT-LGA-ROC.

    For most of the other TSA people at CLT, they know me quite well by now.

  • Ed Boston

    “For most of the other TSA people at CLT, they know me quite well by now.”

    And that is probably why you have not been subjected to any of the retaliatory actions.

  • BillCCC

    I needed a third selection. I don’t know. The times that I have flown in the US I have never seen any problems at security. My daughter flew last week and opted out without any hassles.

  • cjr001

    TSA humiliates our government every day it remains in operation, so why not pass the buck along to those that have to deal with them?

    “opt-outs are an easily identifiable group of contrarians who do inconvenient things”

    Like stand up for their rights. How dare they!

  • SoBeSparky

    Isn’t it great that getting in an airplane is almost infinitely safer than getting in a car, mile for mile?

    That shows no clear cause and effect relationship between the TSA and air travel safety. I also can see no clear discrimination between going with the lemmings or opting out. Sure, you are segregated which in itself sets you apart. Then you must wait. If several people have set off the body scanner, then you might have to wait a while longer for the hand scan. Processes take time.

    Perhaps Christopher and others who travel a lot but are not airline loyal should adopt the decades-long advice to concentrate your air travel with one airline or at least one alliance to reap the benefits of the program. You can object to the theoretics of these loyalty programs. However, they are not going away anytime soon. In other words, reality check time. Get your Pre-Check Status.

  • Joe Smith

    OPT OUT!!!! WE GOT AN OPT OUT!!!!!

  • Saul B

    Why should the amount of money a citizen spends with a private company (the airline) have any bearing whatsoever on the trustworthiness the government assigns to said citizen?

    Maybe drivers of sports cars should also be given a special lane with a higher speed limit?

  • Joe Smith

    Safer?? Everything I’ve heard/read says that is someone were to keister contraband they wouldn’t find it with the x-ray or the pat down, making the whole process basically useless.

  • SoBeSparky

    The statistics speak for themselves. Source: USA Today comparing NHTSA and NTSB statistics. “In absolute numbers, driving is more dangerous, with more than 5 million accidents compared to 20 accidents in flying. A more direct comparison per 100 million miles pits driving’s 1.27 fatalities and 80 injuries against flying’s lack of deaths and almost no injuries, which again shows air travel to be safer.”

  • SoBeSparky

    Why, yes! There is a whole expertise called “risk assessment” which is employed by the insurance industry as well as the government.

    I would rather be on the Alligator Alley (I-75) straight-away with a bunch of professional race car drivers than the amateurs I encounter everytime. They go below the speed limit in the left lane. They keep their turn signal on for miles. And they are texting as they travel 70 miles per hour. or 103 feet per second.

    P.S. You do not get to be an elite flyer on spending money. You usually cannot buy status. You must sit in an airplane seat anywhere from 25,000 to 100,000 miles a year on any fare basis. It’s the experience and track record which counts.

  • Saul B

    >> You do not get to be an elite flyer on spending money.

    You mean I can fly tens of thousands of miles per year for free? Nice! Where do I sign up?

    Please show me the data that shows that a passenger who flies 50,000 miles per year is less of a threat than a passenger who has flown 10,000 miles per year for the past decade.

    Or that a passenger who flies 50,000 miles per year on United is less of a threat than a passenger who flies 10,000 miles each per year on five separate airlines.

    PreCheck is an extortion racket: Imagine if a stadium had a policy where season ticket holders went right to their seats, but where other fans were given a police-style frisking.

  • emanon256

    I voted yes, I opt out, and 4 out of 5 times I get an argument, or get yelled at, and the like. Its nuts. I have written TSA and my Senator and Congresswoman and sadly nothing has changed. My congress people always say that they have it on their agenda, but nothign happens.

    I also disagree with the “Haves” comment. I am an elite frequent flyer, but I am always herded to the body scanners and have to take off my shoes and belt just like every one else. The Pre program is not at all airports, and the few times I have been at an airport that had it, the Pre line was either closed, or if it was open, after my pass was scanned I was still told I have to go through the regular line, take off my shoes, etc.

  • emanon256

    MALE ASSIST! LANE 5!

  • Jill_Ion

    And how does one fly more miles without money to pay for the ticket?

  • SoBeSparky

    You are certainly entitled to your opinions. I doubt any of us will gain access to specific professional risk assessment information for reasons of national security, as it should be.

    However, consider this. The government has a track record, many times for hundreds of thousands of real air miles (no bonuses, etc.), of certain frequent flyers. It is intuitive (but not necessarily proven) that a long uneventful track record of flying gives some indication of future behavior.

  • SoBeSparky

    And you need to spend money to establish a credit record. So what?

    This is not class warfare. This is professional risk assessment. Some people fly far more than others. In just this column, we have people who fly only once a year, and others once a week.

    There is a clear track record (think again of a credit report analogy) for those who fly once a week. Twenty-five thousand real “butt-in-seat” miles (frequent flyer slang) is a lot of flying, considering New York to Miami is about 1,100 miles.

  • http://www.facebook.com/nancynally Nancy Nally

    Headed to MCO this afternoon for a flight and I always opt out of their backscatter scanners. Thanks for the reminder of the PITA – or possibly worse – I have coming. Ugh.

  • Joe Smith

    Those numbers were likely the same before the TSA, not counting 9/11.

  • Bluto

    I always ask the TSA rep to change his gloves before he gropes me; you never know what the last person had on them or their bags. Last time I did that – simply asking for a change of gloves – the agent said, loudly, “DO I NEED TO GET A SUPERVISOR?” to which I replied, “Just change your gloves to a clean, new pair, please.”

    He was openly hostile, and ready to call for a Supervisor at any moment, simply because I a) opted out and b) exercised my right to have him change his gloves.

    It’s an example of the intimidation that is used to pressure us into the Nude-O-Scopes at all costs.

    Or perhaps the guy was just having a tough day.

  • SoBeSparky

    Please read my original post. Second sentence is: “That shows no clear cause and effect relationship between the TSA and air travel safety.”

  • cmbaker69

    I agree with BillCCC – it’s really a matter of who’s on duty. I always opt out of the xray type machines due to a history of past radiation exposure. I travel by air at least 8 times a year and often more. I’ve only had one experience that was less than professional since it started. No one, whether opt out or TSA, likes the process, but that’s life. Now, I also agree that the system is ridiculous and unnecessary. And as a member of the Global Access/prechek programs, I’ve yet to avoid anything in the way of the normal screening – my last entry from Argentina had a separate line for us, but no difference in screening, and to add to the issue, the “special” line was longer and slower than the regular one.

  • SoBeSparky

    Unbelievable. Sometimes a bit of “bonding” works wonders, like “You know, there is a lot of Asian and that rat flu going around with these passengers. No one wants to get that crap. Could you please change your gloves?” I forget the bonding technique 50% of the time. I am like you, direct and to the point, and then they take it personally and feel insulted.

  • Victoria Dossey Findley

    Chris.. I have a pacemaker . My home airport in Sacramento is the WORST. I present my card identifying myself as a pacemaker recipient & ask for a pat down. I am bullied & harassed by the TSA agent most every time I fly. The agent tells me there is nothing harmful about the unit., smirking, rolling his eyes & shaking his head. I stand my ground & again ask for a pat down. ( who would want that ? ) Then I wait.. As you said in the article.. it’s a power trip for sure. If you don’t go with the flow.. then expect attitude. I am 100% dependent on my pacemaker to make my heart beat. I am appalled that these TSA agents have the nerve to make comments about the healthcare choices that my Cardiologist & I have made. I have spoken with the Medtronic rep ( who are the makers of my pacemaker). While the machines appear to be safe there has not been enough testing to determine the long term effect on this medical device. At the end of the pat down I proceed to the security desk & make a complaint about the bullying that has taken place. I can hold my own but I worry about the timid or infrequent flyers that are BULLIED into the process.

  • http://twitter.com/johntbaker John Baker

    Get a DL Reserve Amex or UA Presidental Plus MC (I’m not sure if they are taking applications anymore) either one grants status miles in addition to reward miles.

  • http://twitter.com/johntbaker John Baker

    This is one of the conversations I normally stay out of but last time I checked isn’t Pre Check exactly what Chris has been asking for? How many articles about the little old lady who he decided isn’t a threat and why is she being treated the same etc… So the government put in place a threat assessment system. You can be deemed lower risk by a) fly a lot so you’ve been inspected multiple times (think credit rating) or b) paying $20 a year for an in depth background check. Ultimately, those the TSA knows more about get less attention than those it knows nothing about. Isn’t that exactly what the talking heads wanted? Not treating everyone like a criminal?

  • Frank Windows

    I opt out every time (except for pre-check, which is only at major airports), and I haven’t experienced anything like this, aside from the occasional 5-minute wait. Of course, I also keep a friendly attitude, reminding myself that these are poor schlubs who enforce the rules but don’t write them.

    I wish you wouldn’t paint such a negative picture of opting out, because I think it discourages people from doing so. If you add an extra fifteen minutes to your schedule, and if you don’t have issues with being touched (I call it my “TSA massage”) — and I know those are big ifs — opting-out is really not a big deal… and it’s one of the BEST ways we can demonstrate how ridiculous TSA’s “security” is.

    Fact is, is more travellers opted out, the lines at security would quickly get ridiculous, more people really would miss flights (and wreak havoc with the airlines), and the People Who Make The Rules might start paying attention. I know it’s not your intention, Chris, but by painting such a negative picture of civil disobedience, you’re encouraging us to be good little sheeple… just what the TSA wants.

  • Frank Windows

    “Bob, can you take it?” “No, I’m filling out my TPS cover sheets, and besides, I’ve done three today, and I’m homophobic enough as it is. Give it to Bill, he likes touching men’s junk.” “Where is he?” “He’s walking back from the bathroom at the blistering pace of one foot every century.”

  • Saul B

    John, you’re right: I am terrified every time I see those unwashed non-business travelers who only fly a few times a year to visit family and go on vacation. I am terrified that they might blow themselves up at any moment.

    But when I see a business traveler with his or her briefcase, knowing they have flown countless flights each year without hurting anyone, and they they have undergone a thorough government background check and paid the appropriate sum? Phew, what a sense of relief I experience.

    Please show me the data that anyone who flies a few times a year is in any way more likely to attack a plane than the road warrior who flies 50 segments a year. Thanks.

  • pauletteb

    Enough already! Chris does so much good for the traveler and yet loses so much credibility with me because of his continual anti-TSA whinging. And, yes, I’m ready for the barrage of Ben Franklin misquotes!

  • Saul B

    >> Ultimately, those the TSA knows more about
    >> get less attention than those it knows nothing about.

    John, how many non-frequent fliers that the TSA has inspected over the past decade have been found with bombs in their shoes or laptops?

    That’s right, none.

    So remind me again, why do frequent fliers get to keep on their shoes but lowly infrequent fliers don’t?

  • http://twitter.com/johntbaker John Baker

    Saul B Reread what I said. I made the statement that FF have more history with the TSA in a short amount of time and therefore are lower risk.

    To answer your question, thankfully, the sample size of people who have attack aircraft is very low. However, I’m not aware of a single Elite FF that has attacked an aircraft.

  • http://twitter.com/johntbaker John Baker

    Which always begs the age old question… Is the lack of testing a sign of a good defense or wasted money? A bank near me installed a bullet proof air lock with a metal detector after they were robbed. You can’t get in unless you have no metal or your buzzed in. The bank hasn’t been robbed since then but other banks in the are have. Did they waste their money? In your view of the world “yes they did.” In mine, “no they didn’t.”

  • crash025

    That or “Male dynamic”

  • crash025

    Optout is easy to for them to spot. They just see me. Their opt out times at charlotte have improved :)

    I liked going through midway last August… why? More doc check points and the use of metal detectors.

  • Saul B

    I’m also not aware of a single woman who has attacked a plane the past decade. So all women should be given a pass through the checkpoints, right?

    So, tell me, what’s the magic number-of-miles-flown at which a passenger becomes less of a risk?10,000? 20,000? 40,000?

  • crash025

    Like I said it was only one serious, and one “minor” [the guy was on an ego trip]

    Most of the other airports aren’t that bad. IAD was a bit funky. [The guy seemed genuinely pissed off :)]

  • Ed Boston

    Can’t go in with any metal? Really? Guess the little kid with the jar full of pennies can’t deposit them there. If that was my bank, I would be switching.

  • Saul B

    Huh? I’ll ask again: The TSA has screened several billion people over the past decade, nearly all taking off their shoes, and not one has been found to have a bomb in their shoes.

    Yet there is obviously enough data to show that those who only fly 10,000 miles a year are more likely to be hiding a bomb in their shoes than the road warrior who logs 100,000 miles.

    Someone needs to retake Statistics 101.

  • http://twitter.com/johntbaker John Baker

    No… notice I said that they can buzz you in… so a known customer gets buzzed in but someone who is unknown and hiding their face wouldn’t… Back to the whole risk assessment thing

  • Saul B

    So a passenger who flies 15,000 miles a year — say eight or so flights — and has no status is an “unknown” passenger?! But 10,000 miles more and having achieved the lowest elite status, the same passenger is no longer a threat?

  • Mary j

    The T.S.A. disclosed theofficial Airport Screening Results October
    2012 Statistics On Airport Screening From The Department Of Homeland
    Security:

    Terrorists Discovered 0
    Transvestites 133
    Hernias 1,485

    Hemorrhoid Cases 3,172
    Enlarged Prostates 8,249
    Breast Implants 59,350
    Natural Blondes 3

    It was also discovered
    that 535 members of Congress had no balls.

    Thought you’d like to know.

  • LeeAnneClark

    And either one of those incidents are ENTIRELY UNACCEPTABLE! You’re okay with them doing this to you? You’re okay with the fact that some low-paid government worker has the opportunity to be on a “bit of a power trip” and demand that you “sit in front of everyone else”? And because you’ve only had two bad experiences, as far as you’re concerned the TSA is fine by you?

    THIS is why they keep getting away with their abuse. Because people like you take it, and say “well, garsh, it doesn’t happen every time”.

  • Harry

    Yes, TSA agents who are touchy with no feely. I imagine some of them become a bit touchy after a few days in that thankless job. Each time they have an “opt out”, they get that “look” from the fifty other folks in line who do no believe cancer results from scanners (or cell phones, microwave ovens, televisions, overhead power lines, cell phone towers, or whatever secret rays are being directed on us by a foreign enemy, or that crazy neighbor. Look, you have a right to opt out but when you do so, you slow the line down for the rest of us who figure that, with all the risk we face now anyway, the way our food supply is handled, radon in the soil, the radiation we already absorb from the sun, the ride to the airport on a freeway we share with people of various mental states, texting and talking on the cell phone while driving… many of us would rather take our chances with the machine at the airport than be felt up by someone who looks like Uncle Charlie. I understand why some people prefer the pat down. I respect that (really, I do), but do not expect that the TSA agent or the fifty people in line behind you are going to be happy about it. The TSA and the scanners provide a layer of imperfect protection. If you want touchy feely, call your therapist.

  • DavidYoung2

    I’ve never opted out because I just don’t care. And I know I get more radiation playing in the park with my daughter on a sunny day than a lifetime of those scanners. But when I’ve been selected for ‘enhanced screening’ — the pat down — they’ve always been nice.

    Hey TSA-crazies, ever think it might be YOU and not them. Just be nice — it’s not that hard.

  • LeeAnneClark

    And what about the people who feel that the government has no right to view our naked bodies? What about the cancer survivors who, like my mother, have been strictly instructed by her oncologist to stay out of the scanners? What about the fact that we have a legal right NOT to subject ourselves to untested radiation generators…whether you personally think they are going to cause cancer or not?

    The fact that you’ve fallen for the TSA fiction that they generate no more radiation then cell phones or microwave ovens is hilarious. You might want to actually ask an expert about that, rather than believe what some low-paid, uneducated, barely-trained mall cop wearing a tin badge says.

  • Saul B

    You have to winder whether these same people would so gleefully obey a postal worker or DMV employee who gave the same demands. Because really, a TSO has no more authority than those other two government employees.

    Outfitting TSA workers in cop-style uniforms and calling them officers was at once the worst and most shrewd move TSA management ever made.

  • LeeAnneClark

    Typical “it hasn’t happened to me so it’s not happening” claptrap from another sheeple. As always, I look forward to hearing you change your tune the first time you get selected for a “random patdown” and a TSA screener in a bad mood slams his hands into your testicles. Oh, but of course we WON’T hear from you when that happens…you’ll be too embarrassed to come back and say you were wrong.

  • Harry

    they can drive, ride Amtrak,,, until they can come up with a better idea. You should complain to someone who cares. Your Mother, for example. Oops, I’ve got a flight to catch…

  • Saul B

    The TSA worker put his hands over my genitals.

    But he was soooooooooo nice about it. He really was.

    Pathetic.