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TSA, Texas Lege Folds Like a Cheap Card Table">On TSA, Texas Lege Folds Like a Cheap Card Table

Kash­mir Hill writes:

Repub­li­can Dan Patrick, who was the spon­sor of the bill in the Sen­ate, with­drew it when he real­ized he would not have the votes he needed to pass it. “There was a time in this state, there was a time in our his­tory, where we stood up to the fed­eral gov­ern­ment and we did not cower to rules and poli­cies that invaded the pri­vacy of Tex­ans,” he said with regret, reports the Texas Tri­bune. No last stand for Texas this week.

The bill in ques­tion? Texas’s HB1937, which would have made it a felony sub­ject to sex-offender reg­is­tra­tion for a TSA goon to touch some­one in a man­ner that would be offen­sive to a rea­son­able per­son (I called it A Damn Good Start). Here, blowhard Patrick blames the Lieu­tenant Gov­er­nor for killing the bill; I guess Patrick wants us to think that he’s not cow­er­ing; that he would stand up to the fed­eral gov­ern­ment if only he had the votes. Which makes him a hyp­o­crit­i­cal cow­ard, of course.
What made Sen­a­tor Patrick go all round­heeled and spread his legs—along with all of Texas’s—to the not-so-gentle min­is­tra­tions of the TSA? This let­ter, from John E. Mur­phy, the U.S. Attor­ney for the West­ern Dis­trict of Texas, (whose job does not, as far as I can tell, include either giv­ing legal advice to the Texas leg­is­la­ture or enforc­ing TSA pol­icy) demand­ing sur­ren­der at dis­cre­tion:
TSA Let­ter to Texas Law­mak­ers over the ‘grop­ing’ bill
So a fed­eral gov­ern­ment lawyer (whose job it isn’t) threat­ens vaguely that TSA (which he nei­ther works for nor runs) “would likely be required to can­cel any flight or series of flights for which it could not ensure the safety of pas­sen­gers and crew” (note Murphy’s explicit false premises: that grop­ing is a) “required under fed­eral reg­u­la­tions”; b) “in order to ensure the safety of the Amer­i­can pub­lic”), and the Texas Leg­is­la­ture caves in. They don’t even hold out for a threat from some­one with the actual power to make the deci­sions, much less a con­crete threat.

What’s the right answer? If HB1397 is the right thing to do (and it is), you fight for it, Mr. Patrick. You don’t cave in and with­draw it because some US Attor­ney says that TSA might, in some extended chain of cir­cum­stances, can­cel flights. If it doesn’t pass, Patrick has won by being on the right—albeit losing—side. If it does pass, Rick Perry can sign it or veto it; if he vetoes it, Patrick has again won. If he signs it, the DOJ can sue or not sue; it wins or does not win; TSA can stop flights or not stop them. Worst-case sce­nario for the spon­sor of the bill: it winds up shut­ting down pas­sen­ger air travel out of Texas.

Would that be so bad? Most Amer­i­cans don’t fly. In 2008, accord­ing to a Gallup poll, 56% of Amer­i­cans hadn’t flown in the last year. By cav­ing in to the government’s neb­u­lous threats, the Texas Leg­is­la­ture pan­dered to a sub­set of this minor­ity of people—those who have the where­withal and incli­na­tion to get on an air­plane, and think that it’s worth what­ever TSA wants to do to us—at the expense of the rest of us. Other than the giving-up-your-Fourth-Amendment-rights thing, fly­ing is great: con­ve­nient, safe, inex­pen­sive. So what? The feds have made it plain that we fly so only at their pleasure.

So I say let the fed­eral gov­ern­ment shut down air travel out of the sec­ond most pop­u­lous state for as long as it can stand to.

It would be finan­cially cat­a­strophic for the air­lines. Great. Let the airlines—the only par­ties to this mess that have the polit­i­cal clout to force some ratio­nal­ity on TSA—bleed until they are ready to stand up to a bul­ly­ing and out-of-control fed­eral bureaucracy.

There would be those quis­lings who, accept­ing Murphy’s false premises, whined that we should allow the TSA to do “what­ever it takes to keep us safe.” So what? There will always be whin­ers, and you can’t let them stop you from doing what’s right.

If stop­ping TSA’s abuse and humil­i­a­tion of us and our chil­dren isn’t worth Tex­ans mak­ing a stand and risk­ing the con­se­quences, then noth­ing is anymore.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

8 Responses to “On TSA, Texas Lege Folds Like a Cheap Card Table”

  1. Matthew Wright says:

    That’s the night that the lights went out in Texas.
    That’s the night that Mark Ben­nett and Dan Patrick wanted the same thing.

  2. On TSA, Texas Folds Like a Cheap Card Table «@MarkWBennett Defend­ing Peo­ple http://bit.ly/lOuMH3| TX for­gets how to draw a line in the sand.

  3. Dan Patrick is a pan­der­ing cow­ard. Always has been, always will be.

  4. Mike Paar says:

    For­give me if you think I’m wrong here, but surely Dan Patrick knew all along this wouldn’t pass for one rea­son or another. This was a clas­sic case of pan­der­ing that I hon­estly don’t believe Patrick sup­ported him­self. Patrick has shown his true col­ors by the other leg­is­la­tion he has passed such as the require­ment of sono­grams for women wish­ing to have abor­tions. He talks out of both sides of his mouth. He is ALL for hav­ing the gov­ern­ment con­trol every facet of our lives, yet throws in this bill know­ing full well it didn’t stand a chance of becom­ing law. Come on, did he fool any­one other than the old, feeble-minded, far-right wing, neo­cons who voted for him?

  5. Kirk Garner says:

    I agree with you, Mark, but I’m sur­prised that as many as 44% of the pub­lic flew in the past year. I would have guessed a much smaller num­ber, maybe 23%.

  6. Texas Fold ‘em…

    It’s not often that I look to Texas to lead Amer­ica. It’s not that there’s any­thing par­tic­u­larly wrong with the state, it’s just that there aren’t many issues where the par­tic­u­lar makeup of Texas will.…..

  7. Lisa Simeone says:

    Right on, Mark. I’ve also been say­ing till I’m blue in the face that we have the power to force this issue by hit­ting the air­lines where it hurts. If we made them lose money, things would change so fast our heads would spin.

    Those of us who can make the deci­sion not to fly — and there are mil­lions of us — have this power. I’ve stopped fly­ing, though it’s a sac­ri­fice for me. But it’s one worth mak­ing. I under­stand that some peo­ple must fly for work; they have no choice. I get it. And I sym­pa­thize with them (although they, too, can still do small acts of resis­tance every time they fly).

    But that still leaves mil­lions more who could choose not to fly, if only they had the guts to do so. Alas, most peo­ple, so far, have shown that they’re all too happy to give up their rights, and to tol­er­ate any behav­ior, no mat­ter how base and degrading.

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