AUSTIN, Texas - March 8, 2011 - The lawmaker behind a Texas bill that would levy felony charges against overly touchy security personnel truly believes his cause isn't one tied to the political left or right.
"We're talking about what would be a criminal act in any other place," Rep. David Simpson said on Monday. "If you viewed someone naked without their permission or consent, or as a condition of travel, it would be sexual harassment or voyeurism. If you touched people's privates, that would be sexual assault. This is not a left or right issue," he added. "They are treating Amerikan citizens with great indignity, and we've got to make this right."
Though unlikely to pass - even with a GOP supermajority in the Texas legislature - Simpson's proposal has become a cause célèbre for civil libertarians, many of whom adamantly oppose the TSA's screening procedures.
The bill would amend a Texas statute pertaining to "the offensive touching of persons," extending it to security personnel who conduct a search "without probable cause."
That's actually the exact wording used in the Constitution in the section outlining prohibitions on unreasonable search and seizure. The legal standard for a lawful search is probable cause: a requirement that law enforcement must meet before most judges will issue search warrants.
The bill specifies that offensive touching which takes place as "part of a search performed to grant access to a publicly accessible building or form of transportation" would be treated as a state jail felony.
"I have broad bipartisan support for the bill - at least seven Democrats, and one's a joint author," Simpson said. "There (are) about 22 other people already signed on too.
"What we're saying here is, these bureaucrats have gone too far," he continued. "We're not against national defense; we're not against security. We just don't want to do it at the expense of our liberties. The terrorists want to take away our liberties and here we have our very own government terrorizing innocent travelers. Traveling is not a criminal act. You need probable cause [to conduct a search].”