Posted on 06/28/2004 3:00:51 PM PDT by Libloather
Groups: MBTA's Search Policy Violates Rights
Officials To Search Bags, Packages On Subway
POSTED: 11:15 am EDT June 28, 2004
BOSTON -- Civil rights groups said Monday that the MBTA's proposed searches of bags and packages on subway and commuter trains would be unconstitutional, and urged riders to not give their consent.
The Massachusetts Bay Transportation Authority wants to begin random searches next month, an anti-terrorism measure it plans to have in place before the July 26-29 Democratic National Convention. The civil rights groups said they'll file a lawsuit to stop the T from instituting the policy -- which would be the first of its kind in the country.
"Public transportation is a community resource that should be available to everybody without requiring people to sacrifice their constitutional rights in order to use it," said Michael Avery, president of the Massachusetts chapter of the National Lawyers Guild.
Avery and leaders of the American-Arab Anti-Discrimination Committee and the American Friends Service Committee held a news conference outside the Downtown Crossing MBTA station to announce their public awareness campaign, a precursor to their lawsuit.
The policy, which officials have not finalized, would violate Fourth Amendment rights protecting people against unreasonable searches, and would likely bring unwarranted scrutiny on Arabs and Muslims, said Avery.
"Our concern is that the proposed security measures will further institutionalize discrimination against the Arab, Muslim, and South Asian communities," said Sadaf Kazmi, head of the American-Arab Anti-Discrimination Committee.
MBTA Police Chief Joseph Carter said the policy, which will include explosive-sniffing dogs, was in part a response to the March 11 train bombings that killed 191 people in Spain.
"The chief of police has pledged to implement the policy in a fair and responsible manner and in a way that complies with an individual's constitutional rights," spokesman Joe Pesaturo said Monday. "We ask people to consider the safety and security implications that are foremost in the minds of MBTA officials."
The civil rights groups said they would distribute buttons that state "I do not consent to a search" to riders at MBTA stations this week. They said riders can reject a search, but then would have to exit the station property.
Their plan drew mixed reactions from subway riders who stopped to listen to the news conference.
"If they had searched people like they were supposed to, 9-11 wouldn't have happened," said Tresa Williams, 19, of Boston. "I've got no problem with it."
Judy Meredith, 65, of Boston, suspects her bags won't get searched.
"If I happen to be brown or look Middle Eastern, I'd be in trouble because those are the ones they're going to search," said Meredith, who is white.
Give dat gal a ceega!
Every time I go to a race, security takes a peek. No problems here.
There was security in Boston at the Mapplethorpe exhibit about 12 years ago and no one said a word about civil rights.
You wanted to see the garbage(I did)you put up with it.
A woman out of touch with politically correct reality.
The last time I went to a Braves game {last year} they even wanted me to remove my hat. No problem. When the bombers strike they don't give a damn about "civil rights".
Yeah but you don't want to sneak a bomb in. How can people be sucessful terrorists if we don't give them the opportunity?
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