[EL] boarding plane without showing ID

[Justin Levitt]

Nope -- nothing technical about it. I'm hardly the first one to point this
out, but for the last five years at least, I've been trying to explain that
the TSA -- like the vast majority of other enterprises in American life that
ask for ID -- prefers photo ID, but accommodates those who don't have it.

You can find a brief description of the TSA's consistent policy here (
http://www.truthaboutfraud.org/pdf/CrawfordAllegations.pdf), on page 23, or
published in Gilmore v Gonzales, 435 F.3d 1125, 1129-30, 1133 (9th Cir.
2006), or (if you can find it) in FAA Security Directive 96-05(1)(C).

When I walked into the airport Wednesday night, I did not have photo ID
(either govt-issued or not) in my wallet. At the risk of too much sharing,
here's what I did have: two credit cards, firing range card, health
insurance card, blood donor card, coffee shop frequent visitor card, and a
few business cards. I was also carrying a checkbook. But no photos.

The TSA officer looked at my boarding pass, and then had me step aside for
some additional questions -- another officer reviewed the documentation, and
asked a bit more. Then I was asked to step through the (regular) security
line, where my bags were screened, and an officer got to see a wholly
unappealing backscatter picture.  The entire thing took about ten minutes
longer than it otherwise would have. And worked exactly as it was supposed
to. This wasn't a parlor trick ... it was policy.

By the way, after clearing security, I enjoyed a beer in the airport Chili's
-- without photo ID. When I arrived in DC, I checked into my hotel --
without photo ID.  I then made my way to the Dirksen Senate office building,
to the Committee's hearing room -- no photo ID.

Photo ID, unquestionably, makes life easier for those of us who have it. But
it's simply not true that you can't board a plane without it.

(By the way, I also think whether you need ID or not to board a plane is
wholly beside the point.  Voting shows up in two Articles and ten Amendments
to the Constitution. It's a fundamental right for all eligible citizens.
Boarding a plane makes it convenient to get from LA to DC, but it's not a
constitutional right, much less a fundamental one.)

--
Justin Levitt
justin.levitt at lls.edu

On Sep 9, 2011, at 2:06 AM, Jerald Lentini <jerald.lentini at gmail.com> wrote:

I assume this comes up in the context of Justin Levitt's testimony (as
reported by TPM - http://bit.ly/nKzCSQ):

*"'To get to you today, I had to board a plan from Los Angeles and never
showed a photo ID. While waiting in the terminal, I drank a beer... I never
showed ID,' Levitt said. 'To testify before you today, I walked right into
this federal building and never showed ID.'"
*
When I read that, I just assumed it was a technically accurate but
misleading statement: in my experience, I'm never asked for a photo ID
before boarding the plane (i.e. at the gate), but I am always asked for it
before entering the terminal (i.e. at the security screening checkpoint).

However, upon checking the TSA website (http://1.usa.gov/2jtklg), it appears
that identification is a requirement-with-an-asterisk:

*"Adult passengers (18 and over) are required to show a U.S. federal or
state-issued photo ID in order to be allowed to go through the checkpoint
and onto their flight. *

*"We understand passengers occasionally arrive at the airport without an ID,
due to lost items or inadvertently leaving them at home. Not having an ID,
does not necessarily mean a passenger won’t be allowed to fly. If passengers
are willing to provide additional information, we have other means of
substantiating someone’s identity, like using publicly available databases.*

*"Passengers who are cleared through this process may be subject to
additional screening.**"*
It may well be, therefore, that Prof. Levitt was allowed to go through
security without providing a photo ID.

-JR Lentini



On Fri, Sep 9, 2011 at 1:21 AM, Doug Hess <douglasrhess at gmail.com> wrote:

> Several people have mentioned boarding a plane without showing a govt
> ID. I guess I always just show mine, but I would swear they do ask for
> it. They certainly do examine it closely, even shining some kind of
> little flashlight on it (I assume to check the material in the
> background of the ID for authenticity, like checking a $20 bill with
> one of those special pens).
>
> Are people who don't show IDs just boarding at sloppy airports, or are
> you able to refuse to show your ID without getting into trouble or
> facing delays?
>
> Doug Hess
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election
>

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