Albany

The New York Civil Liberties Union says a plan to make it a crime to refuse additional security screening at Albany International Airport won't make air travel safer but will sow confusion and lead to unwarranted arrests.

The group panned the proposal, which it believes would be the first of its kind in the country, in a statement released Monday as Albany County lawmakers were preparing to hear public comment on it Tuesday evening.

The NYCLU's criticism is echoed by the Roman Catholic Diocese of Albany's Commission on Peace and Justice and a coalition of local mental health professionals who say the law would be especially punitive to trauma survivors who sometimes experience anxiety about being touched and may need to leave security lines.

Among other things, the group argues, the law could make "urgent need of a restroom" punishable by up to a $1,000 fine and a year in jail and otherwise make "criminally suspect a broad range of conduct that is entirely innocent."

Introduced in April with bipartisan support, the proposal would make it a misdemeanor to refuse security screening once a traveler has entered a Transportation Security Administration checkpoint — currently only a violation of TSA civil regulations.

"This law is ill-conceived and could criminalize a broad range of lawful activities," Erika Lorshbough, legislative counsel for the NYCLU said in a statement. "If TSA agents or law enforcement have a good reason to suspect criminal activity, they already have the authority to stop and question a traveler."

The group also said security protocols should be uniform nationally lest local variations confuse passengers and security staff.

Sheriff Craig Apple said he proposed the measure at the urging of Bart Johnson, head of TSA security operations at upstate airports, who hopes it will become a model for other airports. It is co-sponsored by Democratic Majority Leader Frank Commisso and Republican Minority Leader Frank Mauriello.

The law is intended to cover what Apple described as a soft spot in the current system that allows passengers to walk away without boarding their flights if security staff flags them for additional scrutiny.

That could include would-be terrorists probing for weaknesses, Apple said, adding that his deputies currently have no legal grounds to question such a person.

"The last thing we want to do is arrest somebody for walking away. We just want to be able to stop them," Apple said. "The law has very good intentions. ... And I'm glad to see that both sides of the aisle are in support of it."

Dr. Aliya Saeed, a Colonie psychiatrist, said she believed the sheriff means well but that, as written, the law could create volatile situations in which people with autism or who have suffered trauma — such as veterans and rape survivors — are subject to arrest in crowded public areas of an airport.

"Sometimes they need to compose themselves when they are physically being touched," Saeed said. "Sometimes they need to be able to walk away. This new law prevents that from happening."

Saeed said the proposal also doesn't address a much larger problem — that, according to the TSA's own internal probe last year, 95 percent of contraband weapons that investigators attempted to smuggle past airport security made it through.

In a letter to legislative leaders, the executive board of the Capital District Branch of the New York State Psychiatric Association warned the law would "put our patients at unnecessary risk of harm without adding significantly to the safety at the airport."

Alice Green, executive director of the Center for Law & Justice, is among those who have signed their names to another letter voicing concerns about racial profiling.

Apple said he recently met with representatives of the region's Muslim community in an effort to tamp down those fears.

Commisso said he is keeping an open mind but believes the County Legislature must do everything in its power to keep travelers safe.

"We'll listen, and we'll sit down and make a decision," Commisso said of the law, which is still being vetted by the legislature's Public Safety Committee. "I don't think there could ever be too much done to make sure that public safety is first."

Mauriello said he plans to add a provision requiring that signs alerting travelers to the law be posted throughout the airport.

"It's a tough decision to make, and you have to protect the public as best you can," Mauriello said. "And unfortunately you're going to inconvenience a few people when you do that."

More Information Public hearing Albany County lawmakers will hear public comment on the proposed airport search law starting at 7:15 p.m. Tuesday on the second floor of the Albany County Courthouse at 16 Eagle St. See More Collapse

jcarleo-evangelist@timesunion.com