Author: jameswagner

not so simple now, even for white guys, but maybe it never was

UPDATE: I received a very constructive comment on my last post, “bag the entrance searches, we need exits!“, from Matt of the “Flex your Rights Foundation,” and I thought it would be extremely useful as a post of its own.
Go here for The Citizen’s Guide to Refusing New York Subway Searches. The site includes an excellent introduction to its practical advice on how to “safely and intelligently ‘flex’ your rights”:

In response to the recent London terror attacks, New York police officers are now conducting random searches of bags and packages brought into the subway.
While Flex Your Rights takes no position on the usefulness of these searches for preventing future attacks, we have serious concerns that this unprecedented territorial expansion of police search powers is doing grave damage to people’s understanding of their Fourth Amendment protections against unreasonable searches and seizures.
In addition, as innocent citizens become increasingly accustomed to being searched by the police, politicians and police agencies are empowered to further expand the number of places where all are considered guilty until proven innocent.
Fortunately, this trend is neither inevitable nor irreversible. In fact, the high-profile public nature of these random subway searches provides freedom-loving citizens with easy and low-risk opportunities to “flex” their Fourth Amendment rights by refusing to be searched.

The site includes a handy guide-flyer which can be downloaded and printed for giving out to friends and strangers, dressing up a refrigerator or carrying in your . . . er, . . . bag.

[image of Norman Rockwell’s 1958 “The Runaway” from the artchive]

the wrong kind of crowd control

It’s a good thing it was Penn Station, because virtually none of New York’s Transit system stations could be evacuated for either a real or a false alarm.
Chief Kelly and Mayor Bloomberg’s new policy of passenger searches absolutely will not prevent a terrorist hit in our subway system. A real terrorist will just take another train or set off a weapon on the spot. But if something does happen tomorrow, any survivors of an initial attack are likely already doomed by today’s official negligence.
They’ll never get out.
Sometimes there are a few regular low-bar turnstiles at a station, but most of the time passengers have to exit through ceiling-to-floor turnstile cages which admit only one person at a time. In addition, even though there are often a number of exit stairways in each station, during many hours of the day (or permanently) all but one of them is locked, even those which can only be used as exits!
There’s no chance a number of cars and a platform could be emptied in anyone’s definition of a hurry. Up to 2000 people may be on a single train, and many more might be on the platform, waiting or leaving, at the same time. Most everyone will have to pass through cages one at a time. I sounds to me like this could easily take a half hour or more.
In addition, it won’t help any of us to survive if the system’s emergency lighting is still connected to the third rail, as it is now. When train power is cut for whatever reason there is no light anywhere in the tunnels.
Looking to the near future, the MTA is still proceding with plans to eliminate clerks in the stations, conductors in the cars, and even motormen at the stick. Where is the sanity?
Our politicians and public guardians hope to give us the impression that they are making us all safer with unconstitutional searches. Certainly they know the policy is wrong and useless, so why are they not addressing a very real danger but jumping at the chance to push this obviously bogus remedy? I think it’s because sending the police in to go through the bags of people of color is much less trouble, much less expensive, and, above all, much less like an embarrassing admission of continuing incompetence – that is, until something really does happen.

For a personal account of our own experience of MTA incompetence in a real incident, fortunately with neither serious injuries nor terrorism involved, see this post.

[image from the MTA]