New security restrictions cause confusion, traffic backups at airport

Is the loading area in front of state ferry terminals the same as the road that runs in front of Seattle-Tacoma International Airport?

If random searches of vehicles boarding ferries are unconstitutional, does that mean searches of cars trying to get to the airport are, too?

Sea-Tac officials say yes. The federal Transportation Safety Administration (TSA) says no.

That's why under security restrictions in effect since Wednesday at Sea-Tac, officers are looking at every car headed to the ticketing and baggage-claim areas and any that match an undisclosed criteria are pulled out for a search, said Bob Parker, Sea-Tac spokesman.

"There's nothing random about it," he said. "If we search them we're doing it for a specific reason."

Because of concerns about searches violating the state constitution, these are voluntary — and not random — searches, and all motorists who refuse them are routed into the airport parking garage.

It's different in Spokane, where those who refuse a search are not allowed to drive onto the airport concourse or into the garage.

But TSA, in a five-page memo, says Sea-Tac never needed to worry about violating Washington law because "motorists approaching the Sea-Tac International Airport have a choice whether to consent to an administrative search."

Michael Feikes, with the TSA, said if a driver didn't want to be searched he could park in a lot and walk or take a shuttle to the terminal.

"It is completely unreasonable for the Port of Seattle to refuse to conduct random vehicle searches approaching the airport terminal based upon the theory that the administrative searches would somehow violate state law," Feikes said.

The issue came to a head last summer when the State Patrol conducted random searches at state ferry terminals. Passage could be denied to any passenger who refused a search.

The searches were stopped because the state Attorney General's Office issued an opinion that the state constitution has strong privacy protections that have been used to strike down other random searches, such as roadblocks to stop drunken drivers.

Parker said the airport believes that it's in the same situation. "If you can't search a ferry line, you couldn't search here."

As for the TSA memo, Parker said, "We obviously disagree."

That doesn’t mean Sea-Tac is out of compliance with the TSA. The federal agency said the current seaches at Sea-Tac are being done in accordance with its security regulations because the airport imposed a height limit of 6 feet 6 inches in the garage. TSA did what Parker called a "blast analysis," which determines how big a blast a bomb would cause if it went off in the garage. Officials figured a car no bigger than 6 feet, 6 inches couldn’t carry enough explosives into the garage to take the airport out of service. Parking provided for overheight vehicles is a distance from the terminal.

Airport officials in Spokane said they, too, were initially concerned about the constitutional problems with the searches and weren't conducting them. But now the random searches are taking place and drivers who don't comply are sent instead to one of the remote airport lots.

Airport spokesman Todd Woodard said the airport was caught between two apparent conflicts, the requirements set forth by the Transportation Safety Administration and the constitutional questions raised by the state Attorney General's Office regarding searches at ferry terminals.

"With the best available information we went ahead to implement the searches," Woodard said.

The Attorney General's Office, meanwhile, said it has not issued an opinion on the Sea-Tac issue because no one has asked for it. Woodard said the Spokane Airport would try today to get someone to ask for an attorney-general ruling on the issue. By law, he said, that request could come from a legislator, a county prosecutor or a member of a state agency, board or commission.

"Airports are different than ferry terminals," said Gary Larson, Attorney General's Office spokesman. "We have not taken a position on searches at airports."

Yesterday morning, the Sea-Tac inspection station at 170th Street caused traffic to back up nearly to Highway 99.

"People were being too cooperative," Parker said, noting that the wait grew to 30 or 40 minutes. They stopped when they saw the stop sign, even if they were waved through by police, he said. Some drivers tried to show identification, which wasn't needed, and one woman tried to give an officer a $20 bill, thinking she was paying for parking.

Sea-Tac is considering changing the signs. Also, while cars can go into the garage without going through the security checkpoint, those who want to park in the short-term lot on the third floor must stay in the security line.

Although the backups were not as bad yesterday afternoon, Parker advised travelers to come to the airport two hours before their scheduled departure.

Susan Gilmore can be reached at 206-464-2054 or at sgilmore@seattletimes.com.

Peyton Whitely, Seattle Times staff reporter, contributed to this report.