A 56-year-old rape survivor with a pacemaker refused a groping by TSA agents at Austin Bergstrom airport, and was subsequently arrested, pushed to the floor, dragged, and banned from flying from the airport.
KVUE in Austin has the horrifying story:
Claire Hirschkind, 56, who says she is a rape victim and who has a pacemaker-type device implanted in her chest, says her constitutional rights were violated. She says she never broke any laws. But the Transportation Security Administration disagrees.
Hirschkind was hoping to spend Christmas with friends in California, but she never made it past the security checkpoint.
“I can’t go through because I have the equivalent of a pacemaker in me,” she said.
Hirschkind said because of the device in her body, she was led to a female TSA employee and three Austin police officers. She says she was told she was going to be patted down.
“I turned to the police officer and said, ‘I have given no due cause to give up my constitutional rights. You can wand me,’” and they said, ‘No, you have to do this,’” she said.
Hirschkind agreed to the pat down, but on one condition.
“I told them, ‘No, I’m not going to have my breasts felt,’ and she said, ’Yes, you are,’” said Hirschkind.
When Hirschkind refused, she says that ”the police actually pushed me to the floor, (and) handcuffed me. I was crying by then. They drug me 25 yards across the floor in front of the whole security.”
While the TSA’s pornoscanners weren’t involved in this incident, it shows the newfound prevalence of TSA’s aggressive new groping strategy for anyone who doesn’t clear the first round of security checks.
Hirschkind isn’t alone: while sitting in an airport restaurant at LAX on Monday, I spoke with one middle-aged passenger – a conservative woman – spoke about how she also set off a metal detector and had to be groped. She described the experience as “humiliating,” and compared to it how she was sexually assaulted as a foster child. She cried immediately after the groping, saying it was “violating.”
Know your rights this travel season - download our “Know Your Rights” flier, and visit our TSA coverage page for more on pornoscanners and groping.



74 Comments

TSA is just the start of the process of conditioning us to respect totalitarian authority. That way, when we’re subjected to random pat downs on the street we’ll go along with it quietly.
THIS IS WHY I WILL NEVER FLY AGAIN.
I am a rape survivor with PTSD. I know my body and my family history well enough to know that (a) I am immune compromised, and it will never get better [especially after I get a kidney transplant]; (b) I still have PTSD from being raped; (c) my whole family is extra-susceptible to cancer, which already killed my dad and my mother, still alive, has skin cancers removed periodically. And more.
But what happened to Ms. Hirschkind is **exactly* the nightmare I have been dealing with since the grope-o-scopes came into heavy use and the Gate Rape started. I will drive cross-country if I have to, subjecting myself to intense daily pain because of a permanently cracked tailbone, rather than put myself through the permanent psychological damage that would result from the Gate Rape.
The flier notes that you may have to undergo enhanced pat-down, and specifically says that that may include patting around the breasts.
re: constitutional rights: that’s a red herring. There’s no constitutional right to be free of pat-downs at the airport. That’s not to say there *shouldn’t* be a right, but it’s up to Congress to create it.
The comments of two people waiting in line:
“I understand her side of it, and their side as well, but it is for our protection so I have no problems with it,” said Gwen Washington, who lives in Killeen.
“It’s unfortunate that that happened and she didn’t get to fly home, but it makes me feel a little safer,” said Emily Protine.
It makes her “feel safer.”
I want my pre-2001 uncowardly country back! I’ve had it with snot-for-brains rube morons who give up the rights we have as Americans, in exchange for “feeling safer.” Bullshit! I’d say I’d like to transport them back in time to London in the Blitz, but that would be too unfair to the brave Londoners who went about their business every day and didn’t fucking cower in a corner.
Michael, minor correction. Claire is 56.
She was charged with refusing to be molested.
~~modnote: fixed, thank you.~~
This is off the charts and I call Bullshit.
These fuckers at TSA have gone over the edge and I, for one, will never, ever, let those goons touch me.
Dragging an elderly lady across the floor? Are you fucking serious?
After the massive outcry over these abuses over the Thanksgiving holiday, you did notice what happened at Jack Boot Central, didn’t you? They backed off.
If the people of this country didn’t have the attention span of a flea, they would be up in arms daily over this kind of crap.
BTW, Merry Christmas and yes, the irony is dripping off that.
On the other hand it makes me feel far less safe. Fucking sheeple.
Which freedoms was it the Terrorists hate us for again?
One more thing we can lay directly at the feet of the Bush Administration, as if I hadn’t already lost count.
You know of course that the only people our intrepid media would quote are the ones who’ll roll over for this shit. I’d like to believe that they had to talk to half a dozen before they found two that would say the right thing. I’d like to believe that but I don’t.
Didn’t Nate Silver figure out that 500 people a year will die on the roads because of making the decision NOT to fly? We don’t live in a rational world.
It’s the Obama administration carrying it out. For two years now. Just sayin’ at some point it stops being a Bush policy ad starts being an Obama policy. I’d say generously that was 18 months ago or more.
I agree with you. One of the most pathetic and nauseating parts of that story was those two propagandized sheep who are willing to give up all for ‘FREEDOM – SAFETY’. And they were witnesses to the crime, and I mean the TSA’s crime!
BAAbaaaahbaaaah. Herd em up Jethro.
What? They didn’t do a cavity search on the probable cause that her stubborn behavior showed that she was hiding something?
I guess they figured she couldn’t fit a thermos up there.
Security Theater™
*ahem*
Busted: I luvs ya baby but no 56 or 59-year-old woman is “elderly” … just tryin’ to keep you out of trouble, sonny. Personally, I am not sure if “elderly” will ever kick in for me …
Totally agree 100% with the rest of your fine comment!
The Police State has been here for awhile. They did it gradually soon The police will be privatized and corporations like Xe will be providing security (anyone remember Robo cop?)for the 32,000 that the government actually cares what happens to. That would be the top 1%.
You know the Goldman Sachs employees etc.
I don’t know how strenuous today’s U.S. patdowns are. But I was patted down years ago (long before 9/11) in a London a/p. It was a complete surprise. There had been no publicity about anything like that and I was wearing a pin striped suit, being on a biz trip. The female security person gently drew the palms of her hands over my arms & front & back, including over my breasts. Legs weren’t much of an issue, as I was wearing a skirt but as I recall, she didn’t do much below my waist. Maybe ran her hands over my hips & on my stomach & rear.
I found it mildly shocking, as I am almost always positively profiled, but not particularly intrusive. In retrospect, it might have been associated with IRA ‘terrorism’ but I was too surprised to even ask.
Still, I’d gone thru the magnetron without incident. It was clear that every so-many passengers got taken out for this extra procedure. Many people in line in Arab dress went thru without it.
I’d imagine the U.S. version today is MUCH more offensive & intrusive. And I would have questioned it all those years ago if I hadn’t been caught by surprise.
Peg
This is insidious. And it’s nothing less than traumatization and re-traumatization of the population. People are learning to be afraid. People are learning to shut up. People are learning to accept the brutalization of others. It’s horrible.
I have a personal history as well that prevents me from considering flying again, especially now that there are these dreadful patdowns. There was a time when I couldn’t be touched at all: I would certainly have a panic attack and might find my recovery compromised. I would never allow this in my personal life and yet I am supposed to allow it at the airport, from the “airport police?”
And it’s a bit of a problem since in my (former?) career there can be a lot of travel …
There’s got to be a tipping point at which enough people start flying less because of this, doesn’t there?
And just when did it become standard police practice to drag people around just for saying “no” … huh?
Osama is laughing his ass off at us right now.
Done flying.
From what I can see on the videos of the current procedure, there is some pressure being applied to the breasts which bothers me. It certainly “reads” as highly intrusive to me … but I have never seen or experienced the British version. And those were gentler times, perhaps, even with the IRA.
If Obama doesn’t approve of or like anything that’s going on in his administration, he *just* has to raise his little finger to stop it and cause heads to be knocked together, really.
He is the President for 2 years more anyway, no matter what. Just sayin.’
Ah yes, hadn’t thought of people suffering from panic disorder.
I detailed my experience right before you. There is little anyone can do to sexually harass me in public because I am just not sensitive to that stuff. All my career on Wall St., I remember only one long car ride after dark with 3 guys & me where their ‘conversation’ was outright offensive (mostly the guys knew intuitively not to engage in that shit around me), but I didn’t give a FF and went to an alternative universe while they got their verbal rocks off.
But there is NO reason why, for a female to feel comfortable in a male environment, she has to be as naturally as insensitive as I am. Although I don’t ‘feel the pain,’ I understand it to a significant degree.
The corporate owned fascist media will always quote some moran claiming to feel “safer” by giving up their rights & freedom; it’s how fascism works. Drink the SOMA & feel better.
Knocking this woman to the floor, handcuffing her & dragging her out in front of everyone is done just to show all of us who’s in charge & what to expect.
And so: on it goes…
merryfugginchumpmas ya losers…
As ps sez: Osama/Obama laughing their asses off at the plebes.
Quite agree. Although Obamaco is the third term of Bush, shit like this is laid directly at Obama’s feet. Now has next to nothing to do with W. Behold your “Democratic” POTUS at work…. for the MIC & other Ologarchs.
IF ObL is still alive, he is indeed shouting: Mission Accomplished!!
Who cares about OBL? If it weren’t for W & O, he’d be a very tiny footnote in history.
I had a pat-down recently in lieu of going thru the porno cancer machine.
The TSA female staffer was very polite & explained every step very carefully. It was worthlessly stupid in terms of making anyone “safer” but not the TSA staff’s fault.
Didn’t bother me, but I haven’t been raped or assaulted & I don’t care about stuff like this. Just me. The breast pat down didn’t seem like a big deal to me, but other TSA staff *could* be more invasive or rude about it.
But dumb & pointless in terms of safety. Just police state stuff… scare the sheep into submission.
Big Brother gonna fuck you up…
People have all kinds of sensitivities and sources of PTSD to deal with that most of us never hear about. That’s part of what is so wrong about this policy: when did the privacy of these sensitivities and of OUR OWN BODIES become “fair game?”
How can good family-values Republics stand still for one second while children and women are molested in public places??? Just so they can “feel safe???”
Reading those passenger rights…there are no rights. You submit and that’s that, including nuns, as I read the blurb.
I don’t care about ObL. He’s just been used as a means to an end.
yep. that be the case.
Yup. That’s saying it real simple and direct, jayt.
According to a gay P.R. former acquaintance, those ‘nuns’ are NOT so innocent. He claimed that many medieval cloisters had plenty of infant bones excavated around them. FWIW.
And what about all of us trapped on Tropical Alcatraz {Hawaii] who can’t even go inter-island without flying?
The major major problem I have after all this is that if a person goes to the airport, decides that after looking at the porno-scan, and seeing what an ‘enhanced’ pat-down actually looks like and opts to just say no and leave – YOU GET ARRESTED!
WTF! So the idea that you can just opt out and leave is not even an option? Once you arrive at the airport you either submit or you get arrested even if you decide not to go on a plane?
Unbelievable!
Im so ashamed of what this nation is turning into.
Obama may be acting smug, but for me he has no reason for that smugness. He spoke of change in Washington and it changed for the worse. He failed to cut the influence of the lobby groups, he failed our seniors, life for the middle class continues to decline, the CEO’s are running the show, habeas corpus is just a memory, no one investigates crimes of those in leadership positions, journalism is apparently now a crime, and our voices are dimmed ever more.
I wonder sometimes exactly what being a taxpaying citizen is worth today? Our government lies to us, is working on well cutting our pensions, all our money goes to war, blackwater and halliburton and if you say anything even a so called democratic president has a hissy fit and blames the left? Is there anything worthwhile left?
nothing will change.
it will get a lot worse. and all they have to do is say the T word, and every obsequious sheeple will get in line.
but why?
it’s the money stewpid. it comes down to the money. there’s too much to be made with this. as soon as profits enter the equation, all else is irrelevant. not a lower priority, but no priority. the one and only priority is money/profit.
this is america. it’s CYA country now. get yours anyway you can, no matter who is hurt, and F everyone else.
this is just reality. we may not like it, but that’s the way it is.
and they do won the place. the own the lawmakers, inspectors and regulators, the judges, and have key pawns in each govt. dept.
we been pawned (look up the expression).
The TSA agents are following orders, foolish and unrelated to real security as they are. It is their political masters to whom our collective ire should be directed. They sponsor, encourage and profit from these actions and the “security” industry they build upon them.
Worth nothing….irrelevant.
What about the 4th Amendment which guards against unreasonable searches and seizures?
In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that a search occurs only when 1) a person expects privacy in the thing searched and 2) society believes that expectation is reasonable. (Wikipedia)
I would rather like to think that there is a reasonable expectation that my genitals are considered private.
We will have a fascist state with all our rights taken away in a judicial lawful manner unless people wake the hell up and realize we are being trained to OBEY AUTHORITY and not question it.
wow, that hurts.
it hurts deep because it’s true.
honestly, I have no response to your last question. I got nothing.
this country has become a jungle. survival at best. while the un-fittest rule.
and they nickle and dime you for everything using FRAUD. it’s beyond indecent.
I read about an air marshal/pilot who video’d airport personnel going through ‘secure’ areas with just a card key – they weren’t checked in any way. He was busted by TSA and had his issue handgun confiscated. Apparently revealing how much of TSA is actual security theater is also in violation of their regulations.
One more reason not to fly.
I’m sure there’s caselaw for why the TSA can do this stuff, and I’d imagine it’s premised on consent: when you fly, you consent to the searches. If you don’t want to get searched, you don’t have to fly. I’ll see if I can find anything to that effect.
Here‘s a 9th circuit case on TSA searches. It seems that there was a line of cases saying that consent was the reason the searches don’t violate the 4th amendment, and this case overturns those, holding instead that the searches are administrative in nature and don’t trigger the 4th amendment.
Interestingly, the rationale doesn’t seem like it can sustain the new procedures:
Under a consent theory, OTOH, the invasiveness of the search is beside the point; I’d expect we’ll see a shift back to that, but who knows. Maybe they’ll stick w/ the administrative search reasoning and the TSA procedures will be found to violate the constitution. Could happen.
From the 9th circuit opinion I linked to upthread:
Doesn’t seem terribly convincing to me, but that’s the argument, anyways.
The “Stability Police Force” is nearing our doorstep, courtesy of the Rand Corporation. The proposal is for them to be part of the U S Marshals Service. Read all about it:
http://www.truth-out.org/us-government-report-argues-police-force-american-interventions-overseas63019
Christmas Greetings from the TSA.
I do not believe OBL is still alive. The new Emmanuel Goldstein (bogyman) currently being groomed to take his place is Anwar el Awlaki.
The government controlled propaganda media has been laying the foundation for Awlaki to take his place by linking him to the 9/11 “masterminds”, the Ft Hood shooter (Nidal Hassan), the underwear bomber, and on and on. They need a newer, fresher face. OBL is getting a little too stale. The alleged audio tape of OBL talking about global warming gave a whole new meaning to governmental overreach.
But boogeymen like OBL are so useful when it gets near election time.
Except for this: Liberties oversight panel gets short shrift
This board should oversee TSA practices but although it’s been appropriated with funds Obama has not appointed anyone to the positions.
Currently the TSA head thinks he’s the sole arbiter of what is legal or not.
Here’s the story.
This is the story:
sorry.. I should’ve refreshed..
No sweat. Happens to me time too.
Making money off the new security state was one of the primary objectives of the 9/11 perps.
Japanese fishing boat?
:o)
“Auditors question TSA’s use of and spending on technology”
http://www.washingtonpost.com/wp-dyn/content/article/2010/12/20/AR2010122005599.html?sid=ST2010122005959
**** America, **** this fascist parody of a democracy, **** this parody of decency, **** our lizard brained leaders, **** our lizard brained businessmen, **** our complacent citizens, **** it all.
Do you have evidence that your genitalia is being screened/searched?
I’ve never read it, seen it, anything. I’ve read a lot of fear, but that’s all. I think they video those searches, ever seen one? I haven’t either. Please, data, evidence… something besides unreasonable paranoia. Ask you passenger companions if they’d like you to be searched/screened. Do you want to get on a plane, put your life in unknown hands for maybe 5 hours and not be sure that there is no special agenda?
Just asking. Napoli..what’s her name asked for ideas, got one?
Where did that happen? I’m really curious.
Wendell, you registered on Dec 20. Since then you’ve made 3 comments ALL disputing the groping done by the TSA.
A quick Google search brings up independent reports of genital groping. Try “TSA groped inside panties”.
I object. Please don’t demonize lizards… I’ve got one here sitting on my lap. :)
That doesn’t strike me as a terribly big deal; their power is limited to strongly worded letters to Congress. The TSA head really is the sole arbiter of what is legal here (bracketing constitutional issues)
Thousands of African American and Latino’s are routinely stopped on the streets and patted down by the authority and never a word about it on this site. Now the constitutional violations are happening to middle class and upper class white folks and your outraged. If your against the TSA pat downs bcz they are a violational constitutional rights then be consistent and be against them when they happen to people who dont look like you.
This was so going to happen. TSA got off easy here. There are people in this country — hundreds of thousands of asylees — whose reactions would have made this poor woman’s reaction look very tame, who in addition to what she was doing would have started getting violently irrational, would have stopped altogether speaking English as their panic progressed, and would have been carrying foreign passports. And would have continued to freak out until they stopped seeing people in uniform, having once started to break.
Everybody was telling DHS this would happen. Everybody. And they still reacted with that bullshit, “You’ve got nothing to fear if you’ve got nothing to hide,” crap. Pop shoot from the hip psychology. Fire everybody who put this program in place, shut it down now, and order an investigation. And then stop putting idiot political appointees and action hero “security experts” in charge of things they don’t understand.
Some of the people on this site do talk about this sort of thing. I personally have never witnessed it but if I do, you can be sure I’ll speak up. I will put my own liberty on the line to speak for another’s.
People should be given the chance to opt out, render their boarding pass and be nicely escorted out to their vehicle. Come on, knocked down, cuffed and dragged is neanderthal security. And, it does not take much to figure that one out.
To see such a display at an airport would not make me feel safer, it would make me feel less safe. It would make me wonder about what they would do to someone in the case of mistaken identity? It’s the law cases of mistaken identity that resulted in personal harm that needs to be looked into for possible roads to protection of rights.
This kind of thinking is why Madison didn’t want to add a Bill of Rights to the Constitution – and why, when it became clear that it couldn’t be avoided, he insisted on writing it himself, and including the Ninth and Tenth Amendments. Courts and the Congress do not get to determine what Constitutional rights we have – only whether or not they will help to enforce those rights. Whatever the merits of “strict construction” for other aspects of the Constitution, it is morally and intellectually bankrupt as an approach to the Bill of Rights. Any court that attempts to reduce the protections of the Bill of Rights to an obfuscated and counterintuitive technical standard is violating its trust, undermining its own moral authority, and committing a grave wrong of a kind that Madison took elaborate steps to guard against.
No matter what court (including the Supreme Court) rules that TSA gate rape is a “reasonable” search, it isn’t – for reasons expounded in many other comments on this post. And the viability of this Republic and its government depends on a citizenry that refuses to submit meekly to authoritarian encroachments on its rights.
A side note: if you know as much about the law as your posts give the impression you do, then you also know the full extent of the role that spectacular extremes of intellectual dishonesty and moral depravity have played in U.S. constitutional case law. The very names of some of the most famous cases emit a stench that wafts down over the years, decades, and centuries to the present day: Dred Scott, Plessy v. Ferguson, Lochner, Korematsu, Bush v. Gore. I take pride in having read all the way through the slip opinion for the last of these without benefit of antiemetics. Most of these outrages have since been reversed by later Supreme Courts, but that fact only strengthens their historical value as evidence that case law must be taken with a grain of salt when deciding what our Constitutional rights are.