Gary Fielder filed his lawsuit in U.S. District Court in Denver last week, more than a month after he, his two daughters, ages 9 and 15, and a family friend underwent a TSA patdown in San Diego.
Fielder’s lawsuit claimed the patdowns were “disgusting, unconscionable, sexual in nature” and in violation of the Constitution’s protections against unreasonable searches.
He said subjecting U.S. citizens to the new procedures is wrong because no American has been accused of threatening commercial airliners with explosives.
Nationally, at least two other lawsuits have been filed over the TSA’s new procedures.
“I’m not asking for any money. I just want to walk to a plane without being touched,” Fielder said Tuesday. “They’re probably thinking that next time, I’ll just submit to the scanner. No, I won’t go through that. I’m not going to be photographed nude.”
TSA officials last month began phasing in full-body scanners at airports, ahead of the busy holiday travel season. Those who opt out of the scanners, which some travelers oppose over concerns of radiation and graphic images, undergo new patdown procedures that include more of a hand-sliding motion.
In a statement, TSA officials declined to comment on Fielder’s lawsuit, citing pending litigation. The lawsuit named Homeland Security Secretary Janet Naplitano, TSA administrator John Pistole, and the TSA.
“The terrorist’s job is to terrorize the people, to interfere with freedom in such a way that disrupts ordinary life and commerce,” Fielder wrote in his complaint. “With due respect, it is clear that the above referenced governmental agencies are aiding the terrorists’ objective.”