South Carolina public school entry requires I.D. scan: I did not comply period!Submitted by SC Ƹ̵̡Ӝ̵̨̄Ʒ on Fri, 03/18/2011 - 14:44
I had a required IGP (Individual Graduation Plan) meeting for my rising sophomore at the high school today. I knew in advance that a new I.D. scanning system had been installed in our district's schools for "background checks" before school entry is permitted.
I had already "not consented" at the middle school and received some odd looks but my meeting there was kept in the front office so as to avoid my need to be scanned. I was unsure if the high school would be willing to compromise in this manner so I loaded up with pocket Constitutions, a Benjamin Franklin quote ("They that would sacrifice Liberty for Security deserve neither and will lose both") and my "evidence" that I was not a criminal (my state notary seal [requires a background check by the SC Secretary of State] and proof of election to SCGOP).
When I entered the school office I was told to scan my I.D. I told them "I don't consent". Obviously I was the first "non-criminal" to object and they called in the big guy, the principal, to try to persuade me. The principal told me it was "only" a check to see if I was a sexual predator.
Basically this is what went down: I was invited into the principal's office. I told the principal straight up front that I was not a criminal (and proved it to him) and that my objections were not due to my concern of being "exposed" but rather my insistence that my 4th amendment rights not be violated by unreasonable, non-cause searches. I asked him to "show me the law" that I was required to be I.D. scanned in order to enter a public school. He told me it was not law but policy. I reminded him that "policy is not law" and that the I.D. scan was illegal search under the 4th amendment. I also mentioned that the supposed idea that these background checks are "only" about sexual predators was ludicrous seeing as how if I give up my driver's license #, i.e., "consent", any background check could be performed without my knowledge and that with the government shown to be untrustworthy with Social Security and Veterans databases, I did not like the idea that there system could potentially be hacked and background searches done for political reasons. I told him I had brought him some pocket Constitutions and put the stack on his table. I quoted Benjamin Franklin "liberty or security" to him and gave him the print version of the quote.
I asked the principal how far was enough to "stay safe"? I asked what happens when low credit scores become criteria for "rejecting passage" into schools as low credit scores have criminalized many from attempts at jobs, bonding and other legally necessary associations. I asked him when they would be installing the "naked body scanners" and have TSA gropedowns. How far was he willing to take it for "safety"? I assured him that "TSA type" searches were becoming more and more utilized and would certainly make their way into the school system.
I asked about school registry for next year, seeing as how I will not be allowed into the school to register my child. He was unable to answer that question since I apparently am the only parent in the entire district who has refused the scan.
I reminded the principal that he had more chance of being struck by lightening twice than being killed by a terrorist. I reminded him that he had more chance of being killed by an 18 wheeler than by a terrorist and why didn't we have a moratorium on 18 wheelers etc etc. I asked him how the "home of the free and brave" had become cowering ninnies afraid of the boogeyman. You could see the look of "WTH" in his eyes with a hint of amazement.
I did not freak out, was calm and secure in my "civil disobedience". I was not threatened or harassed and my child's meeting was held in the front office. The guidance counselor even gave me a thumbs up when I reiterated that my refusal to be scanned was on the principled ground of civil liberties.
As soon as I was out of the principal's office, his door was closed and I heard him on speakerphone undoubtedly calling the district office to holler "OPT OUT" on me.
But I made my stand against the injustice of "showing my papers" and I lived to tell about it. Perhaps I planted some seeds of Liberty while I was at it. :)
UPDATE: So far I have an argument against the school on grounds of the Bill of Rights 1 (right to "assemble" with other parents in school functions), 3 (see Griswold v Connecticut: if abortion seekers retain "privacy", so should parents of school children/equal protection under the law), 4 (illegal/fraudulent, unreasonable, non-cause search), 5 (held to answer with no presentment of indictment, no due process, deprived of "liberty"), 6 (charged without "ascertainment of law"), 8 (cruel and unusual punishment = "discrimination" based on refusal to scan), 9 (denied and disparaged rights retained by "the People") 10 (restriction of liberty is a "power not delegated to school districts").
Furthermore, the school district is committing fraud since they do not up front tell a parent that they DO NOT "HAVE TO" scan their I.D. Since it is not a law, but policy, it is not a requirement under law. To not tell parents they have an option to "opt-out", the school district is committing fraud. Additionally, the district is in violation of its own "policy" of "non-discrimination".
I've been through a few phases since I've last addressed this so in a nutshell here's the deal:
My state senator contacted the SC AG and the unofficial word is that the school has the right to i.d. per the SCOTUS. Today we are filing a formal request for "official word" and answers to all of my questions concerning the illegal search. The senator asked that I only submit a few questions...I told him that IMO (and not mine only) that the school had violated 8 of 10 of the Bill of Rights so there were many questions. He stated he did not want to confuse the AG's office. I told him that if all my questions "confused them" then I needed their job and they needed mine. He said I had a good point and to send all the questions. I await a formal/official reply from SC AG, Alan Wilson (Joe's son). More on this story as it comes in...