Portland, Oregon – March 31, 2014 – A decision in the civil case against John Brennan, the man who disrobed in the April 17, 2012 protest of TSA’s passenger screenings, is expected this week. The Hon. George J. Jordan heard the civil case which includes a proposed $1,000 fine against Mr. Brennan.
The Hon. George J. Jordan, United States Coast Guard Administrative Law Judge heard the Transportation Screening Agency’s case against Mr. Brennan on May 14, 2013, for the protest that occurred in April, 2012.
Mr. Brennan expects an unfavorable decision, but believes his actions will not be the cause. The Aviation and Transportation Security Act of 2001 removes Constitutional defenses for defendants at the initial hearing phase of the legal proceeding. Said another way, jurisdiction of Federal judges for ruling on Constitutional defenses has been removed by the TSA. Mr. Brennan was using his affirmed First Amendment right to protest violations of his percieved 4th Amendment rights. If Mr. Brennan loses this round, he will appeal. TSA contends that disrobing posed a security threat. TSA videos of the event are available.
The decision on the civil charges of interfering with the screening process arrives nearly two years after Mr. Brennan’s protest.
Mr. Brennan’s protest made headlines when the web professional was traveling for business through Portland International Airport on April 17, 2012. After opting-out of standard screening, test results revealed the presence of nitrates, a material of concern for TSA because it is used in explosives. In part to prove his innocence, Mr. Brennan disrobed. TSA called the Port of Portland Police Department who arrested Mr. Brennan, charging him with indecent exposure and disorderly conduct, both criminal complaints in the City of Portland.
Disorderly conduct charges were dropped immediately, and Mr. Brennan was acquitted of indecent exposure charges on July 18, 2012. His not guilty verdict on the criminal charges reaffirmed Oregon’s long-standing protection of nudity as a form of free speech.
TSA rule that applies to this case are in Code of Federal Regulations (49 C.F.R.§ 1540.109), and states, “No person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties under this subchapter.”
Transportation Security Administration (TSA) is an agency of the U.S. Department of Homeland Security. The TSA was created as part of the Aviation and Transportation Security Act in late 2001. TSA was moved to the Department of Homeland Security in March, 2003.
Robert A. Callahan represents Mr. Brennan. Ms. Susan Conn represents the TSA.
People who are interested in the record or decision should contact TSA, not the Coast Guard. Procedures are found at 49 C.F.R. 1503.651. The official file resides with TSA and will be returned via the Docketing Center once the decision is issued, in accordance with the Coast Guard’s standard procedures.
Sent to us by John Brennan.
I actually interviewed Mr. Brennan, by phone,
for an article which I wrote for the,
American Free Press ….. 5/18/13
This is the rough draft …….
” Like any other traveler, John Brennan,
was anxious to arrive at his intended destination.
He longed for, and looked forward to, a time of rest
and relaxation with friends.
This was to be a well deserved, and earned prize,
for all the hard work of the previous months.
Standing in line, he wished all the obstacles and
interferences would melt away, so as to get on
with his journey.
Suddenly, the agent remarked,
“ Sir, We have reason to believe that there are nitrates
on your clothes, step over here.”
It was at this moment, John Brennan became another
victim of the “Travel Hassle Horrors”.
For John Brennan had entered into, “The T.S.A. Zone”.
From here, his whole life would change. Police interviews,
Federal paper work court
proceedings, and lawyer appointments.
The whirlwind of demands clutched at his very being.
It would become one drain after another, both emotionally
and financially.
His time would be increasingly eaten up with lawyers advice,
and deep meditation, upon how to proceed.
Friends and family tried their best to not only encourage,
but to console him as well.
For John, must raise up the strength, and the courage,
to fight the evils that tried to consume him.
You see, what Mr. Brennan is experiencing, is not unlike
what could happen to anyone.
Anyone who innocently travels, and has done absolutely
nothing wrong. Except, engaging in their attempt to travel
freely, which is guaranteed in our founding documents.
Increasingly, our Republics freedoms are being eroded,
under the guise of security. And in the process, Americans
are being assaulted, and denied their rights and freedoms,
at the hands of government hit squads.”
That was a rough draft ….Here’s the actual printed article……
” Some hero’s come in costumes, with capes, masks, special powers and skills, to rid all
evils from society. They usually flash a theme such as a Bat, a ring, or a lantern.
But there’s a new hero, dashing about today, “The Naked American Hero”.
Before John Brennan’s encounter with TSA in 2012, he was just another mild mannered
web designer, gainfully employed. Who would have known, hidden away beneath the surface ,
was a man who’d fight for Justice, and the American way.
“Constitutional rights of the individual is important” remarked Mr. Brennan, during our interview.
He believes, “Our rights are being eroded, daily, due to an imbalance of authority.” He desires to
see a, “Restoration, and a proper balance brought back to our three branches of government.”
Mr. Brennan’s protest, as the reader might recall, was to disrobe, completely, due to the frustrations
with which he, and all travelers, endure, in order to exercise their freedom of travel.
Mr. Brennan went further to say, “The TSA employees are just doing their jobs, and he agrees with
the need to keep travelers safe. But the methods used, over all, are primitive at best.”
When asked, “What would you suggest the TSA, and our government, do to improve security.
And eliminate the ever growing frustrations that people encounter ?” Quickly, Mr. Brennan answered,
“Look at how the experts in other countries are engaged. Also, stop listening to the lobbyists, and the
special interest groups.” “There’s a lot that could be learned, from those countries who have a long track record at this type of security.”
When asked if he would share some advice to other travelers, about TSA, and how to make their experience more pleasant. Mr. Brennan candidly replied, “TSA has the upper hand, so know what you’re going to do before you arrive at the check points.” He went further to say,
“With all the new technologies, they have available now, one can “OPT OUT “ of certain procedures.
So as to avoid some of the more unpleasant ones.” Mr. Brennan chose to, “Opt out, of the scanner,
and take the pat down.” But when he was informed of nitrates being present on his clothing, he’d reached his limit, to the obstructions placed in his way. and hindered his right to travel.
For the pat down revealed, “Nitrates”, for bomb making materials. But as this reporter learned,
from Mr. Brennan, “There are naturally occurring nitrates everywhere around us. They’re in our foods,
we get them from the air, and many unsuspecting places.”
John Brennan was driven by exasperation, and the need to prove he wasn’t carrying contraband, or explosives. This is when John Brennan became the “Naked American Hero” and began his fight
for, The Freedom to Travel, Justice, and the American way, that’s fast slipping away.
Follow John Brennan on his face book account, http://www.facebook.com/john.brennan.civil.rights
Having shiny leather shoes will set off the bomb detection stuff too. It’s in the polish.