Airport Pat-Downs: TSA Says it Can Fine You for Backing Out

Nov. 23, 2010— -- The day before Thanksgiving will be the pre-holiday ritual of long lines, frustration -- and National Opt-Out Day, a movement calling on alrline passengers to forego the controversial new body scanning machines in favor of manual security pat-downs.

The Transportation Security Administration (TSA) says it can fine individuals up to $11,000 for walking away from the airport security process. But will it? People in government say the fine is mostly a deterrent so that terrorists cannot back out of a security check once it starts.

The TSA said it has yet to fine a traveler for not completing the screening process, though it has levied civil penalties against passengers who have brought dangerous items to the security checkpoint.

"While TSA has the legal authority to levy a civil penalty of up to $11,000 for individuals who choose not to complete the screening process, each case is determined on the individual circumstances of the situation," said Greg Soule, a spokesperson for the Transportation Security Administration. Congress transferred the enforcement of civil aviation security to the TSA from the Federal Aviation Administration in November 2001, after the September 11 attacks.

The TSA's current civil penalty monetary guidelines, which became effective on August 20 last year, say the security administration can impose "civil monetary penalties…up to $10,000 per violation for surface transportation modes [for breaches of highway, pipeline, freight rail and mass transit security policies] and up to $11,000 per violation for all other persons…"

The TSA said it is not common for passengers to refuse airport security procedures and walk away instead of boarding a flight, the way John Tyner did at the San Diego International Airport on November 13. Tyner, of Oceanside, Calif., refused to enter the body scanner at the security checkpoint and told a TSA agent, "If you touch my junk, I'll have you arrested."

A TSA official warned Tyner, a software engineer, that he would have to pay $11,000 for walking away from a security procedure that was in progress. Tyner told ABCNews.com that he has not had contact with the TSA since the confrontation. After traveling the media circuit and blogging about his experience, Tyner said he has received an outpouring of public support.