1 in 45 billion.
One thing the TSA has shown again and again is that they definitely do not want courts involved in their affairs. They certainly aren't going to take this guy to court, because when the ACLU and every similar organization gets involved, it's unlikely to be good for them.
I think the penis-groping requirement is the beginning of the end for them. Something good has finally come out of our nation's irrational fear of anything that could remotely be construed as sexual.