The issue of airport security patting down wheelchair users is still hot.

While some think that the situation is improving, others have chosen to pursue legal methods of resolving the sometimes unwarranted and always embarrassing practice.

Some opponents of increased security measures are taking their concerns to court, including The Rutherford Institute, a nonprofit conservative legal organization in Charlottesville, Va., that is “dedicated to the defense of civil, especially religious, liberties and human rights.”

In early December, the group sued in U.S. District Court on behalf of three passengers, including a breast cancer survivor who had a mastectomy; a man with an enlarged testicle; and a 12-year-old girl. The lawsuit against Janet Napolitano, secretary of U.S. Homeland Security, and John Pistole, TSA administrator, alleges that TSA agents violated the Fourth Amendment by conducting “unreasonable searches and seizures.”

The two adults informed the TSA agent of their medical conditions, but they were still subjected to aggressive pat-downs that caused humiliation and trauma, the lawsuit states. The child went through the body scan without her mother’s consent, according to the suit.

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