NY/VT: Judge tosses suit to block ferry searches (Lake Champlain)

Bakersfield Californian ^ | 2/16/05 | AP

[NormsRevenge]

MONTPELIER, Vt. (AP) - A federal judge on Wednesday dismissed a lawsuit that sought to block random searches of passengers and vehicles using ferries that cross Lake Champlain.

U.S. District Court Judge J. Garvan Murtha said the searches of people seeking to board the Lake Champlain Transportation Co. ferries were not intrusive and were reasonable given terrorism concerns.

The lake forms part of the New York-Vermont border and extends into Canada.

The searches are required under the National Maritime Transportation Security Act, which took effect July 1. The Coast Guard approved the company's screening protocol, which includes vehicle searches.

In October, the American Civil Liberties Union filed suit, arguing that random searches of airline passengers, for example, were warranted only by a real threat, which does not exist on Lake Champlain.

Vermont's acting U.S. Attorney David Kirby said the judge's decision is "an important part of the nation's efforts to deter terrorist events on domestic waters."

Allen Gilbert, executive director of the ACLU's Vermont chapter, said he was disappointed by the ruling.

"We feel the searches are ineffective in deterring terrorism," Gilbert said.

Lake Champlain Transportation attorney Michael Brow said the company was pleased with the ruling.

The lawsuit was filed on behalf of two men who use the ferry to commute to their jobs. One of the men was told last summer that if he did not allow the trunk of his car to be searched, he would not be allowed on board.

[NormsRevenge]

In October, the American Civil Liberties Union filed suit, arguing that random searches of airline passengers, for example, were warranted only by a real threat, which does not exist on Lake Champlain.

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How the hell do they know?

[midnightson]

"only by a real threat, which does not exist on Lake Champlain"


If they refuse- toss 'em overboard and let "Champ" hav'em- that's the real threat on L. Champlain!

[68skylark]

Vermont has some of most liberal firearms laws on the planet, while New York has some of the most tyrannical firearms laws. I pity some innocent Vermont citizen who gets caught with a pistol -- seems to me there's a strong potential for some innocent person to get a felony conviction and substantial jail time.