Posted on 11/30/2005 11:34:30 AM PST by JTN
The first time she was asked to show identification while riding the bus to work, Deborah Davis was so startled that she complied without thinking. But the more she thought about it, the less sense it made.
That's how Davis, a 50-year-old Colorado woman with four grown children and five grandchildren, ended up getting dragged off the bus by federal security officers, who handcuffed her, took her to their station, and cited her for two misdemeanors. Davis, who is scheduled to be arraigned on December 9, is risking 60 days in jail to show her fellow Americans that they don't need to blindly obey every dictate imposed in the name of security.
The public bus that Davis took to her office job in Lakewood, Colorado, crosses the Denver Federal Center, a 90-building complex occupied by agencies such as the U.S. Geological Survey, the Interior Department, the General Services Administration, and the Bureau of Land Management. "The facility is not high security," says Davis. "It's not Area 51 or NORAD or the Rocky Mountain Arsenal."
Guards nevertheless board buses as they enter the complex and demand IDs from passengers, whether or not they're getting off there. According to Davis, the guards barely glance at the IDs, let alone write down names or check them against a list.
"It's just an obedience test," says Gail Johnson, a lawyer recruited to represent Davis by the American Civil Liberties Union of Colorado. "It does nothing for security."
Ahmad Taha, supervisory special agent with the Federal Protective Service, which is in charge of security at the Denver complex, said guards there have been checking the IDs of bus passengers since 9/11. He declined to explain the security rationale for this ritual or to comment on Davis' case.
After complying the first day she rode the bus, Davis began saying she had no ID and was not getting off at the Federal Center anyway. One Friday in late September, a guard told her she would not be permitted to ride the bus anymore without ID.
Before taking the stand that led to her arrest, Davis says, "I spent the weekend making sure that the Constitution hadn't changed since I was in the eighth grade, and it hadn't....We're not required to carry papers....We have a right to be anonymous."
Last year the Supreme Court ruled that a suspect in a criminal investigation can be required to give his name. But it has never upheld a policy of requiring ordinary citizens to carry ID and present it on demand. Davis "wasn't doing anything wrong," notes Johnson. "She wasn't suspected of doing anything wrong. She was a completely innocent person on the way to work."
Johnson plans to argue that the ID requirement violates Davis' First Amendment right to freedom of association, her Fourth Amendment right to be secure against unreasonable searches and seizures, and her Fifth Amendment right not to be deprived of liberty (in this case, freedom of travel) without due process. A civil case raising similar issues in the context of airport ID checks is scheduled to be heard by the U.S. Court of Appeals for the 9th Circuit the day before Davis' arraignment.
"Enough is enough," says Davis. "Our rights are being taken away a little piece at a time, and people are letting it happen."
Pulling out your driver's license may seem like a slight imposition, but the justification is even slighter. Since anyone can flash an ID, the procedure does not distinguish between people who pose a threat and people who don't. It does not even distinguish between people who are visiting the Federal Center and people who are merely riding a bus that happens to pass through it.
In a free country, citizens have no obligation to explain themselves to the government as they go about their daily lives. It's the government that owes us an explanation.
It's a big country, with lot's of places that are not on a Federal facility.
Are you saying that nothing has changed and such methods as described here are insufficient?
Yes. Demanding ID - not checking it, not evaluating the person, not having probable cause, but only requiring an ID - does absolutely nothing for security in this situation. It's a total waste of effort and trampling of rights to no good end.
The point is, this is, apparently, not one of those places where the general public is permitted to be without producing an ID on demand.
Your points are both good and valid. Where we part in terms of concurrence is where we are at on that proverbial "slippery slope".
I do not think we are close to approaching Germany in 1937. If I thought that to be the case, I would not be a strong supporter of Bush
Then tell the person to leave. Arrest is completely improper.
Actually, it's very difficult for a property owner to have trespassers arrested.
Because I do. Yes, it does.
Seriously, you tell me how flashing an ID card improves security? Do they disallow oldsters teenagers who don't drive? Or children? Or Green Card Holders? Or international spies with fake IDs?
The public bus line traverses a business park that houses government facilities and offices, not into the secure work areas of military or national security agencies. Like I said, check those that disembark, not those that simply traverse.
What did you miss? what do you know that we don't?
She simply was riding a bus thru its course. The ID was not examined in any way. Merely HAVING and ID was apparently sufficient, which is grossly insufficient for security as apparent to any sane observer.
From the article:
"Guards nevertheless board buses as they enter the complex and demand IDs from passengers, whether or not they're getting off there. According to Davis, the guards barely glance at the IDs, let alone write down names or check them against a list."
Q. How exactly will this procedure catch the next Mohammad Atta (or even the first) ?
A. It can't and it won't. It's just training the sheep to produce papers.
I don't. Conservatism is all about individualism and maintaining a healthy distrust of government.
Not handy. Search titles for "propaganda". Lists a couple dozen techniques. Interesting read.
Some do. Hillary in '08, anyone?
Was she arrested for not showing her ID, or was she arrested after not showing ID and then refusing to leave the bus?
"It's high time we got serious about developing a top-notch biometric national ID system"
Do you work for, or derive your living from the government?
From the Denver Federal Center website:
Safe & Secure
In order to make this facility safe for you and those who work here, we request that you comply with the following guidelines:
- Please be prepared to present a valid drivers license and current vehicle registration at the gate.
- For your safety, seat belts are required to be worn at all times.
- Only service animals used to assist handicapped persons are permitted.
- Firearms/explosives are not permitted on the DFC (carried or possessed), except for official purposes.
- Narcotics are prohibited on the facility.
- Alcoholic beverages are prohibited from all areas of the facility with the exception of the softball fields, and only canned beverages are permitted.
- Smoking is prohibited in all buildings. Designated smoking areas are provided.
- Private or commercial solicitation is not allowed on the facility.
- Please secure bicycles only to racks at building entrances.
- Vehicles may be subject to inspection upon entrance. For your protection, closed circuit television cameras monitor the DFC at all times.
Please drive in a careful and safe manner at all times and comply with signals and directions of the Federal Protective Officers.
-------------------------------------------------
Sounds like it is considerably more restricted that your typical public road.
There was no articulable probable cause to demand ID.
She had no way to comply (i.e.: leave) short of complying with the baseless & unconstitutional demand, which did absolutely nothing to improve security.
She was arrested for doing nothing.
She wasn't driving.
Actually, it is not a public road. I think that's your error.
If they simply demanded ID from all occupants of the bus at the gate, would you have a problem with that? Checking IDs on the bus is just more convenient.
Looking at the map of the route, it appears this bus enters the gate, stops at various buildings inside the facility, and then terminates at the Park & Ride lot, also on the facility. So there is no place to get of this bus except on the facility.
"The principle difference being that under those regimes people faced death for any resistance"
Resist hard enough and they'll take your life here, too.
Fair enough, now I understand where you were coming from. That was all I was seeking to have confirmed.
I disagree that they are not serving a purpose, but that purpose may not be clear to the person whose ID is being checked. Police, security, Secret service, customs agents are all trained to observe w/o being to overt about it.
They maybe asking for a gray haired ladies ID, but they are looking at the young man behind her, the one with a back pack, the one who is looking out of the window, the one who just pulled his cap a bit lower, the one who is starting to perspire the longer the cop stands there. The one who may require a closer look.
People have mentioned profiling, of course they do it, they can't just walk on a bus and shout:
"OK, all men ages 20-25 with dark hair and brown eyes, I want to see your ID."
They do need to show some discretion.
That doesn't mean that we just ignore it when it's not convenient. If we do that, then it's not worth the paper it's written on.
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