The article appears to make some valid points but parts of it bothered me and didn't quite seem like they could be true, specifically the limit of screening only 2 Arab males.This really sounds farfetched so off I went to see what I could find.
My first step was to send a link to my brother to see if he could confirm or deny. He's a pilot for Southwest Air and one of those pilots selected to be trained and armed for the cockpit so I figured he would know. He couldn't confirm or deny. He said he doesn't know anything about a search limit based on any type of politically correct criteria, but that it wouldn't surprise him either. In hindsight, he is responsible for flying the plane, not screening the passengers. He did confirm that as a pilot he has the right to refuse to fly a passenger if he feels that passenger poses a threat to the safety of the flight. It would be my guess that Osama will not be flying on his plane even if they have detained 500 arab males before him.
My next step was the FAA since, as far as I know, they're the only one's with the authority to actually levy a fine against an airline. I could find no regulations that were even remotely tied to passenger discrimination except for those which pertain to exit row seating.
Next I visited the ACLU to see what offers they might have for those that have been discriminated against, you know, from the 3rd Arab male on. While they have a number of open cases against airlines for racial profiling they also point out several facts to would be complainants.The 3 that seemed to apply most are:
1. Customs agents have the right to stop, detain and search every person and item. (no apparent limit)
2. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.
3. The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot ?s decision must be reasonable and based on observations of you,not stereotypes. (same thing my brother said)
In the end I ended up at thomas.loc.gov to take a look at public law 107-71, the Aviation and Transportation Security Act which became law on 11/19/2001. The screening section states, "
The Under Secretary of Transportation for Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5, United States Code), except as otherwise provided in section 44919 or 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs."
It pretty clearly says "all" passengers and property with no exclusions. It looks to me like they can screen Arab males by the 100 if they want to...
P.S. You'll notice DaveK that it took quite a while before this reponse appeared. I just thought this might help to prove Roger's point in Dan's "Quagmire" thread 