[no subject]

At the Transportation Department, officials worry that horror stories of
passenger harassment will create a political backlash, and they are hiring a
high-level ombudsman at the new Transportation Security Administration.

Even experts who believe the government is doing as well as can be expected
say officials have failed to spell out passengers' responsibilities and
rights. Another gap is a lack of clear protocols for dealing with minor
incidents. Without such guidelines, even a sarcastic comment from a
frustrated traveler can escalate into a federal felony charge.

The file of complaints such as the Horrigans' is growing.

An 86-year-old World War II fighter ace was repeatedly searched at the
Phoenix airport last month after screeners discovered a suspicious article
in his jacket: his star-shaped Medal of Honor. "The way the [security] guy
had it in his hand, it was like you could scratch somebody with it," said
retired Marine Corps Gen. Joe Foss. "I'm not some punk sitting on a hill
looking for trouble. They are swatting at gnats and letting the big bees
in." Foss was traveling to West Point to speak to the sophomore class and
wanted to show the cadets his medal.

Dozens of women have complained of being groped or subjected to demeaning
sexual remarks by male security screeners at airports around the country.
Cathleen Reinke of Chicago said she was given a "rubdown" by a male screener
at the Philadelphia airport Jan. 16, even though she didn't set off the
metal detector. "It's like they're taking advantage of their power, thinking
that people are not going to complain. I really didn't know what my rights
were--all I knew is that it was extremely uncomfortable." Philadelphia
police are investigating.

One sign of the system's problems is that similar infractions have met with
radically different responses.

Raho Ortiz was detained by air marshals in November after he broke a rule
against leaving his seat during the last 30 minutes of a flight to
Washington's Reagan National. Officials declined to file federal charges.

In Salt Lake City, businessman Richard Bizzaro faces up to 20 years in
prison if convicted of interfering with a flight crew during the Winter
Olympics. Bizzaro went to the lavatory 25 minutes before his plane landed
and claims he did not hear instructions to remain seated. A federal
complaint said he "stared intently" at a flight attendant who challenged
him. "Mr. Bizzaro is not a criminal," said Max Wheeler, his lawyer.

"What we are seeing is a lot of wasted energy," said Barry Steinhardt,
associate director of the American Civil Liberties Union. "It's hard to
justify what the purported security benefit is. We certainly should not be
giving up our rights for the illusion of security."

Others say the problems are mostly signs of the stress commercial aviation
faces as long as more attacks are a possibility and the new security system
remains a work in progress.

"I'm not going to defend groping or some other things that people are doing,
but if you assume there is a war going on and the airports are the front
line, then maybe we've got to accept some of this," said MIT management
professor Arnold Barnett. "Look at the incredible ruthlessness of the people
who have brought us to where we are." Barnett has been a consultant to the
Federal Aviation Administration on safety and security issues.

Senior Transportation Department officials said they are keenly aware that
efficiency and customer service are keys to their ultimate success.

One official said Transportation Secretary Norman Y. Mineta "went through
the roof" when the first complaints of sexual harassment by screeners
reached his desk. Arizona Atty. Gen. Janet Napolitano notified Mineta that
she is investigating at least 28 complaints of improper searches. Screeners
have been told that sexual harassment is a firing offense; they also may be
prosecuted. 

'Trusted Traveler' Program Urged

"We are in the process of making a transition," said another official, who
spoke on the condition that he not be named. "We are not going to have
everybody making perfect decisions all the time."

Department spokesman Lenny Alcivar said the anecdotes from around the
country "are not reflective of a widespread problem." Things should improve
dramatically, he said, especially since the government now has direct
control of security checkpoints.

But the extent of the problem is unknown. There is no clear channel for
consumers to report complaints. The department's Aviation Consumer
Protection Division investigates complaints of poor service and
discrimination, but it is unclear whether the obscure office will also
handle security problems. Consumers can send e-mail to airconsumer () ost dot.
gov. 

Passengers say they support strong security, but at the same time they can't
figure out how the measures applied to them are making travel any safer.

Frank Horrigan said random searches of 3-year-olds like his daughter
Caroline divert resources from real security risks. "There was no
acknowledgment that this was a silly exercise," Horrigan said of the Feb. 11
incident in Orlando. "My wife did ask the agent if he realized [Caroline]
was 3, and he said he'd done several 3-year-olds that day."

Courtney Horrigan said she did not feel the incident merited filing a
complaint. But a certain chill creeps into her voice when she tells the
story. 

"I feel it is a symbol of what things are now going to be like in airports,
and for our children growing up," she said. "My daughter is learning at an
early age about what life will be like in a new world."

Experiences such as the Horrigans' illustrate the importance of creating a
"trusted traveler" program, advocates say. Passengers who agree to a
background check would receive a special card that would speed their
check-in and exempt them from random searches.

"We will wallow in mediocrity if we apply the same security measures to all
passengers," said Kevin Mitchell, chairman of the Business Travel Coalition.
"There's got to be a triage approach."

Security officials are evaluating the idea, but they worry that terrorists
could infiltrate such a program.

The Horrigans followed the rules and experienced only momentary awkwardness.
But those who breach security--even if they lack malice--risk having the
full weight of the federal government come down on them. Robert Hedrick of
Delaware, Ohio, admits to using poor judgment. But he's facing federal
felony charges. 

Hedrick is accused of knowingly carrying a concealed weapon on an
aircraft--a belt buckle that doubles as a small, single-blade utility knife.
The tech support engineer uses the knife as a work tool. Hedrick would have
avoided trouble on his Jan. 23 flight if he hadn't called a radio talk show
to report that he was on a plane with a knife. The airport metal detector
had failed to pick it up.

"People recognize universally that it was a dumb decision to call a radio
station," said Kort Gatterdam, Hedrick's lawyer. "He regrets this incident,
but he certainly had no criminal intent. I have no doubt in my mind this
case would not be there but for Sept. 11."

Aviation Security Laws Said to Need Refining

Gatterdam said his client called the talk show to ask for advice on what to
do, but the government believes he was trying to get attention.

Some experts say it's time to refine aviation security laws to distinguish
between bad judgment--even boorish behavior--and nefarious purposes.

"Maybe you have a guy who ends up having a disagreement with a flight
attendant, and all of a sudden you get him for interfering with a flight
crew," said aviation consultant Douglas Laird, a former Secret Service agent
and airline security director.

"Some people who are jerks have been overreacted against by people who
didn't have power before and all of a sudden have a lot of power," he added.

It turns out that Foss, the World War II hero who ran into trouble for
carrying his medal at the Phoenix airport, also had a small novelty knife.

It was part of his money clip, a memento from the Congressional Medal of
Honor Society. He put the clip--along with a silver bullet key chain given
to him by Charlton Heston--in an envelope and paid to have it mailed back to
his home. 

But he would not part with his medal. Security relented and Foss was allowed
to board with it. "Nobody takes that medal," Foss said. It was presented to
him in the Oval Office by President Franklin D. Roosevelt after Foss shot
down 26 enemy planes in the Pacific theater--23 in 10 days of combat over
Guadalcanal. 

The Medal of Honor is on a ribbon. "I suppose you could swing it around like
a slingshot," Foss said. "If some terrorist came at me with something like
that, I'd knock him so hard he'd go through the side of the airplane."

For archives see:
http://www.interesting-people.org/archives/interesting-people/