TSA Rules Successfully Challenged: No ID Required, Photos Allowed

The following video from November of 2009 shows the Police and TSA agents continuously tell a passenger to put down his video camera at Albuquerque International Airport. When the passenger asks for clarification the authorities give no explanation but instead surround him and arrest him on the charge of concealing his identity (refusing to give an ID even though he says he has no ID to show them).

The passenger, named Phillip Mocek, commented on Bruce’s blog today that his video was deleted by the authorities. He also was detained and missed his flight but the airline still honored his ticket so he could get home.

I missed my flight. I was arrested around 2:30 p.m. Sunday, then released from jail around 10:00 p.m. Monday.

When I went back to the airport Tuesday to claim my belongings (including my camera, from which all images and video had been deleted; I was later able to recover the video of my arrest) and reschedule my travel partner’s and my travel, I found that the same-day purchase price was something like $500 per person. When I explained that I had missed my flight due to a hold-up at the security checkpoint, the clerk said, “Oh, were you with Gallegos?” (He and I attended a Drug Policy Alliance convention in Albuquerque in representation of Cannabis Defense Coalition, a non-profit activist collective of which we’re part.) I answered affirmatively. The clerk said, “I don’t know what you did yesterday, but you’re my hero. Hold on while I get my manager.” The two returned shortly thereafter, the manager requested my ticket number, she tapped away on her keyboard, and then she printed us two free tickets home to Seattle.

Thanks, SouthWest Airlines ABQ ticket counter staff.

Local prosecutors then tried to convict him on charges (New Mexico v. Phillip Mocek) of concealing his identity, refusing to obey a lawful order, trespassing, and disorderly conduct.

Much more information about the trial (including courtroom photos, a nearly-complete audio archive of the trial, information about donating to my legal defense fund, and more) can be found in the State of New Mexico v. Phillip Mocek FAQ maintained by the Identity Project at http://papersplease.org/wp/mocek

A jury of six has now acquitted him of all charges. The TSA Blog mentions the case and asks for passengers to comply. They seem to miss the entire point of the case, which is that a passenger complied and was not in violation of any law yet missed his flight and was even sent to jail.

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