TSA Sues Woman over Apple Butter

[Ben]

Suing for $2000. I'm guessing they've already spent at least $200,000 of our money pursuing this.

http://theweek.com/speedreads/582357/tsa-been-hounding-woman-over-apple-butter-since-2013

[dogmush]

Where does TSA derive the ability to fine? They are neither law enforcement nor a taxation agency.

[Scout26]

The moronic TSA pushing it far over into asinine territory.


However, inquiring minds want to know if she was finally allowed to fly with an entire jar of terroristic apple butter?


https://www.youtube.com/watch?v=-LDzOi1dyAA

[vaskidmark]

Where does TSA derive the ability to fine? They are neither law enforcement nor a taxation agency.

Section 178A(13)b(viii)(c)(4), subparagraph 21(B)(lxvi)(h)(12), line 23476 through but not including line 23493 following the words "But for the Grace of God" of the BISS Doctrine.

stay safe.

BISS Doctrine - the same one your mother invoked - Because I Said So.

[Regolith]

Section 178A(13)b(viii)(c)(4), subparagraph 21(B)(lxvi)(h)(12), line 23476 through but not including line 23493 following the words "But for the Grace of God" of the BISS Doctrine.

stay safe.

BISS Doctrine - the same one your mother invoked - Because I Said So.

I thought it more formally known as the "BFYTW" clause...

[HankB]

So if she doesn't pay, the Feds threaten legal action?

Doesn't the Constitution guarantee trial by jury if the penalty the government tries to impose exceeds $20?

I wonder what the chances are - assuming the woman has an even semi-competent lawyer during voir dire - of the TSA convincing 12 people on a jury that apple butter transport justifies a $2000 fine?

[never_retreat]

Where does TSA derive the ability to fine? They are neither law enforcement nor a taxation agency.

Interesting question.
Was the summons given by the local pd the covers the airport?

[Hawkmoon]

I have a partially-used jar of apple butter in my refrigerator right now.

Apple butter is not a liquid. It's a spread, just like strawberry jam or raspberry jelly.

[cordex]

Where does TSA derive the ability to fine? They are neither law enforcement nor a taxation agency.

Technically it is a "civil penalty", not a criminal fine.
49 U.S. Code § 114 (v)(2)

(2) Civil penalty.—
     (A) In general.— A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.
     (B) Repeat violations.— A separate violation occurs under this paragraph for each day the violation continues.
(3) Administrative imposition of civil penalties.—
     (A) In general.— The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.
     (B) Scope of civil action.— In a civil action to collect a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or the amount of the penalty.
     (C) Jurisdiction.— The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary under this subsection if—
          (i)the amount in controversy is more than—
               (I)$400,000, if the violation was committed by a person other than an individual or small business concern; or
               (II)$50,000 if the violation was committed by an individual or small business concern;
          (ii)the action is in rem or another action in rem based on the same violation has been brought; or
          (iii)another action has been brought for an injunction based on the same violation.
     (D) Maximum penalty.— The maximum civil penalty the Secretary administratively may impose under this paragraph is—
          (i)$400,000, if the violation was committed by a person other than an individual or small business concern; or
          (ii)$50,000, if the violation was committed by an individual or small business concern.

At the point the "civil penalty" is levied it becomes debt to the treasury.  Those guys know how to get their money, at least from people like you and I.  Not so much if your name is Geithner.