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To: Allosaurs_r_us
Sigh. Once again, (and I will type slowly so you can follow along)

This is Public Transportation, on a Public Road, following a fixed route. This defined route traverses a Federal Campus. The only time Public Transportation (Busses) will follow a set route on Federal property it is on request of the Federal Agency in charge of the location. Most often, as in this case, it is to accomodate commuters that work there.

Get it? Public Transportation. Not Private Government only Busses, Public Transportation.

If they wish to have a guard ride along while in the Campus area and card everyone that gets on or off . . . Fine.

However, there are valid Constitutional issues with carding someone simply for being on a Bus. This individual apparently is known as a regular passenger that pays a fare for a seat on a Bus. She has never attempted to exit the Bus in the Campus area. She has only attempted to sit in a seat that she has paid for while the Bus follows it's assigned route.

To suggest that she be denied the seat she has contracted for (by paying the fare) is wrong. There is no law that says that Public Transportation can be denied to a paying customer. That's discrimination.

It is an unwarranted search to demand an ID on that Bus because that requirement is not being applied to all Public Busses Nationwide. If a valid ID is required to exit the Bus on any of the stops within the Campus FINE, no objection.

If the Bus in question went from a central point and only delivered passengers to stops in the Campus, then it would be a private charter Bus and they can ID to thier little heart's content. Public Transportation is another story. Public Transportation must allow all paying customers a seat if there is a seat available. If you ID all passengers on this route and not on all other routes it is discrimination and illegal.

Remember this is Public Transportation that has been requested to provide a route traversing this Campus. She is on Public property (the Bus) not the Campus. What the Bus travels through to get her from her boarding point to her exit has no bearing at all. She has paid her fare. There is a contract to move her from point A to point B. The bus travels a fixed route. She can't alter that route to avoid the Campus. To ask/demand that she get off before her contracted stop is in violation of her contract. Can't do that according to contract law.

244 posted on 12/01/2005 1:01:39 AM PST by Petruchio ( ... .--. .- -.-- / .- -. -.. / -. . ..- - . .-. / .. .-.. .-.. . --. .- .-.. / .- .-.. .. . -. ...)
[ Post Reply | Private Reply | To 239 | View Replies ]


To: Petruchio
This is Public Transportation, on a Public Road, following a fixed route. This defined route traverses a Federal Campus.

This is not a public road. Not a public road. Not a public road.

I say it three times, because you seem to think that repeating something numerous times is what makes it true.

The bus was not on a public road. It was on a government facility.

The only time Public Transportation (Busses) will follow a set route on Federal property it is on request of the Federal Agency in charge of the location. Most often, as in this case, it is to accomodate commuters that work there.

And, apparently, the bus company has no objection to complying with the security arrangements of the government, since they are permitting the government to check IDs on the bus.

Get it? Public Transportation. Not Private Government only Busses, Public Transportation.

Got it. Public transportation. On a government facility. Why does the name painted on the side of the bus matter again?

If they wish to have a guard ride along while in the Campus area and card everyone that gets on or off . . . Fine.

Why is it OK to demand an ID from some people on a bus but it is not OK to demand an ID from others? They're all on the federal facility.

However, there are valid Constitutional issues with carding someone simply for being on a Bus. This individual apparently is known as a regular passenger that pays a fare for a seat on a Bus. She has never attempted to exit the Bus in the Campus area. She has only attempted to sit in a seat that she has paid for while the Bus follows it's assigned route.

This person is not simply being on a bus. She is on a bus in a federal facility. The government has the power to check her ID if she is on the federal facility. This power has been granted by Congress and upheld by the courts. There is no Constitutional issue here. One could argue that there is a practical consideration, but given the physical configuration of the plant, I don't see any other way to do it, aside from holding the buses and checking IDs at the gate or directing them around the facility.

To suggest that she be denied the seat she has contracted for (by paying the fare) is wrong. There is no law that says that Public Transportation can be denied to a paying customer. That's discrimination.

She can ride the bus all she wants. But if she refuses to comply with the laws regarding entrance to a federal facility, she can also be arrested every morning and evening, on her regular commute. Seems like an odd way to get to work.

It is an unwarranted search to demand an ID on that Bus because that requirement is not being applied to all Public Busses Nationwide. If a valid ID is required to exit the Bus on any of the stops within the Campus FINE, no objection.

Not all public buses nationwide go onto a federal facility. A valid ID is required to exit the bus on the facility, because the passengers need to turn over valid ID to be on the bus.

If the Bus in question went from a central point and only delivered passengers to stops in the Campus, then it would be a private charter Bus and they can ID to thier little heart's content. Public Transportation is another story. Public Transportation must allow all paying customers a seat if there is a seat available. If you ID all passengers on this route and not on all other routes it is discrimination and illegal.

All other routes do not go onto the federal facility. When the bus crosses that line, the government has a power to control access, demand ID, search all persons, and search all vehicles entering and exiting. This is not discrimination, since it applies to anyone who crosses the perimeter. It is certainly not illegal, since it is specifically permitted by law.

Remember this is Public Transportation that has been requested to provide a route traversing this Campus. She is on Public property (the Bus) not the Campus.

You keep saying that, but it doesn't make any more sense the tenth time than the first time. I don't understand. She is on the bus, and the bus is on the government facility. How does that mean she is not on the government facility? Is there something magical about a bus that means it is not subject to the laws of man and nature? Why would this magical property also not apply to other private vehicles, like cars?

What the Bus travels through to get her from her boarding point to her exit has no bearing at all. She has paid her fare. There is a contract to move her from point A to point B. The bus travels a fixed route. She can't alter that route to avoid the Campus. To ask/demand that she get off before her contracted stop is in violation of her contract. Can't do that according to contract law.

The requirement for ID is a condition to the contract known to her before she purchases her fare. Notice that people are not hauled off the bus the first time they fail to produce ID. She had to court arrest by refusing to produce ID several days in a row to get herself hauled off that bus. So she was notified in person, and certainly through road signs posted at the entrance to the facility. At that point, she can enter into the contract, subject to those requirements. It is not a violation of anything to require her to meet them.

257 posted on 12/01/2005 4:34:42 AM PST by gridlock (eliminate perverse incentives)
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