National Opt Out Day "failed" (if by "failed" you mean "didn't slow things to a halt") because the TSA quietly stopped using the scanners on that day, so there was nothing to opt out of. Don't kid yourself that there are enough others like you that will sacrifice liberty for alleged safety.
"Examining the junk" of an adult, or photographing the same naked, isn't traditionally a lawful governmental objective either. But it becomes more obvious how wrong it is when you think of the children, elderly, handicapped, breast cancer survivors, rape survivors, etc., that have to deal with this nonsense.
Hello, filer of the lawsuit here. There's perhaps a little bit more to read than what you've read... the first page of my SCOTUS petition or 11th Circuit appellate brief would have cleared things up.:)
The brief summary is that my lawsuit was filed in District Court quite intentionally: District Court is the only federal court that has a trial by jury, as well as discovery and witnesses as-of-right. After filing, the TSA invoked a law that was not designed to send challenges to agency "orders" to the US Court of Appeals. The idea behind the law is that some administrative agencies have proceedings with administrative law judges that legitimately should be challenged in the appeals courts. For example, if you try to bring a knife on a plane, the TSA has administrative law judges to assess a civil penalty against you, and you can appeal that decision to the appeals court.
However, the TSA has now successfully argued that ANYTHING THEY WRITE DOWN CONSTITUTES AN "ORDER" THAT CANNOT BE THE SUBJECT OF A JURY TRIAL. Think about that for a second: the gatekeepers of our constitutional rights are supposed to be *the people*. Instead, it is now a group of men that are appointed by the President, who happens to be the guy who appoints the head of the TSA who started this mess.
My fight against the TSA will continue on in the appeals court, which is the only good news here. You may read more at: http://tsaoutofourpants.wordpress.com/2012/10/01/supreme-court-declines-to-consider-whether-nude-body-scanners-deserve-a-trial/
I got into this in November 2010 when I was outraged that the TSA introduced the scanners as primary screening in conjunction with the pat-down. I filed suit that month in U.S. District Court, and have been fighting against TSA abuse since then. I work for no government agency.
I've actually had several comments left on my blog from IP ranges belonging to the body scanner manufacturers. It would not surprise me if a vast majority of pro-TSA posts on the Internet are written by DHS or manufacturer employees.
If you watch the video closely in 720p/full-screen, you can clearly see the metal object in my pocket. If you'd like, I can upload a high-res version of the relevant security camera to make it easier to see.
Video creator here. I actually did it with both the new L-3 ATD (the kind where they allegedly do not look at the nude pictures the machines generate) and the Rapiscan backscatter x-ray where they still visually examine your nude body. The vulnerability I identified applies to both technologies.