We are here to protect you

[spatch]

Citizens of Davis Square: This is the MBTA. Do not be alarmed. We come in peace.

It has come to our attention that you may think that we are growing lax in our ever-vigilant quest to ensure safety, peace and prevent terrorists from blowing up our one true symbol of freedom: those creepy mime statues in Seven Hills Park and across the street in the square proper. To remedy this situation, you will all be relieved and reassured to know that we have set up a Freedom Checkpoint this morning on the fare collection level of the Davis Square T Stop.

Freedom Officers will be onhand, sitting at the special table we have set up for this purpose and also standing in front of the Charlie gates, conducting completely random and in no way arbitrary Freedom Searches of your personal possessions. This is for your own safety. It is for your own good. We cannot afford to let another domestic terrorist slip through our fingers, just like the last time when... the last time when... well, if we had let one slip through our fingers, you can bet we wouldn't let it happen again!

When approached by one of our friendly, official-looking Freedom Officers, dressed in black and toting impressive amounts of Peacekeeping Gear, please adhere to the following guidelines:

1. Do not be alarmed. This instills panic among your fellow passengers and makes you look like a suspect.
2. Say "Yes, sir" and "No, sir" to the nice officers. Using impolite language makes you look like a suspect.
3. Obligingly offer your bag, your purse, and any other personal containers you may have for inspection and explosives swabbing. What with the large amounts of explosives being shuttled through Davis Square Station on a daily basis, it is imperative we confiscate as much of it as possible. Not being obligingly compliant makes you look like a suspect.
4. Do not complain that setting a Freedom Checkpoint up at a subway station in the middle of morning rush is a waste of time, or that it's nothing but security theater. Disparaging our efforts to make sure you are safe for yourself and others is spitting in the faces of Uncle Sam, Lady Liberty, and a bald eagle, and will make you look like a suspect. And besides, being late for work is a small sacrifice to pay for national security.
5. Expect that with full compliance, a precedent will be set for more random bag searches at various checkpoints in the future, so print out a list of these guidelines and take them with you everywhere. Failure to remember that we are doing this will make you look like a suspect.
6. Don't even think about taking photographs of anything or anyone on MBTA property. Only suspects take pictures.

In short, suspects, please be reassured that we at the MBTA respect you and your freedoms highly, and it is only for your safety and security that we consider you all guilty until proven innocent. Maybe someday we will crack down on actual crimes committed on MBTA property, from the guy who sells you a copy of Spare Change only to give you a free copy of the Metro in return to the kids who make furtive drug deals underneath the staircases when they think nobody is watching, but until then, we consider you, the commuters, the monthly passholders, the riding populace, to be the suspects. You scum. We'll get you if it's the last thing we do.

And remember, if you are truly innocent, well, then you have nothing to hide... but we'll be the judge of that.


Yours,

Jack Boots
Freedom Officer at Large

Comments

[veek.livejournal.com]

Are you kidding? Or did constitutionally illegal random searches actually happen?

constitution? the hell century are YOU in?

[perich.livejournal.com]

Nothing illegal about it if they ask first.

Re: constitution? the hell century are YOU in?

[veek.livejournal.com]

*facepalm*

Re: constitution? the hell century are YOU in?

[firepail.livejournal.com]

if I fidget, it' s because I have more keys than Schneider.

Re: constitution? the hell century are YOU in?

[lbmango.livejournal.com]

and then if you refuse?

Re: constitution? the hell century are YOU in?

[thetathx1138.livejournal.com]

They'll taser you.

Re: constitution? the hell century are YOU in?

[diego001.livejournal.com]

So I guess we're all bros now.

Re: constitution? the hell century are YOU in?

[lizzielizzie.livejournal.com]

If it is anything like past MBTA policies, they then have the right to ask you to leave the premises.

Re: constitution? the hell century are YOU in?

[adrian-turtle.livejournal.com]

People who refuse to be searched are required to leave the T stop. That's what "voluntary" means, these days. You're perfectly free to walk to Mass Ave and take a bus, if you like. (Once, I refused a search at Alewife, and left the station, planning to walk to Davis. I found the other entrance to Alewife did not require a search. I don't think that would work at Davis.)

Re: constitution? the hell century are YOU in?

[pierceheart.livejournal.com]

Nothing illegal about it if they ask first.

and you consent.

It's their property.

[http://users.livejournal.com/_mattt/]

It's not a public space. If you don't like it, then you can leave the premesis. I'm not saying it's a little uncalled for, but it is their property, not yours.

Re: It's their property.

[magickcat.livejournal.com]

My purse is my property.
My purse contains insulin which, requires syringes to take it.
You think they won't give me tons of shit whether I cooperate with themn or not? The station is their "property" not what is on my person.

Re: Its their property.

[http://users.livejournal.com/_mattt/]

You can decline a search on the MBTA. They will just ask you to leave. It's kind of like the security gate at the airport. I'm not saying this isn't a little hysterical on their part. I'm just saying they do have a leg to stand on with this.

Re: Its their property.

[magickcat.livejournal.com]

Oh I get it, it's just kind of a catch 22 for someone like me, unfortunately. I mean, if I don't agree, I have to leave and seek alternate routes, and depending on how I feel that day (I have a disability pass, sometimes I'm fine, sometimes not) it may be an issue.
BUT... if I *do* agree.... I could be hassled about my syringes, even though the insulin is right there with them. (I speak from experience, sadly)

Re: Its their property.

[ron_newman]

Except that there is no reason whatsoever to search any MBTA passenger, except to induce fear in the population. Something that should no longer be necessary now that we don't have a Republican governor anymore.

Re: It's their property.

[marphod.livejournal.com]

it IS a public space and a public accommodation.

It is also, delectably, public property. (The MBTA is a publicly owned organization; it is, at best, semi-privatized).

The constitutionality here is suspect. The FAA has special jurisdiction, which is justified by the danger posed by being in an enclosed space where using an exit is not an option. Trains don't have the same justification.

Re: It's their property.

[bikergeek.livejournal.com]

The T claims they're "public" or "private" according to whichever happens to be convenient for them at any given moment.

Re: It's their property.

[http://users.livejournal.com/_mattt/]

Public owned space does not equal public space. Logan is public owned (Massport) as well as firehouses, police stations, and schools. Access in all instances is limitted. In the case of the T, access is granted based on consenting to certain rules, one of which is consenting to searches. You may certainly take the issue up with a constitutional attorney, but since the search is not forced, I don't see how it could be an illegal search or seizure.

Re: It's their property.

[ron_newman]

Most public property has "certain rules" -- for instance, you can't drink alcohol in Seven Hills Park, or play loud boomboxes at night. That doesn't mean the Somerville police could properly ask everyone in the park to submit to a search.

Re: It's their property.

[ron_newman]

The MBTA is part of the state government, therefore it is public property just as much as the Middlesex Fells or the Esplanade or Boston Common.

Re: It's their property.

[veek.livejournal.com]

From what I understand, it's the city's, or maybe state's, property. And I'm a resident, so I [pay taxes and such, and in any case] have access.

Now that you mention it, it may also be MBTA's property, but isn't MBTA a public-service institution?

Re: It's their property.

[pushupstairs.livejournal.com]

ah, except it's kind of owned by the state and is public space.

Re: It's their property.

[tfarrell.livejournal.com]

Bullshit! The MBTA is a government agency. Your tax dollars and mine support it. We own it. The government does not have the right to force us to "consent" to be searched in order to do business with us on the property we as citizens jointly own.

Re: It's their property.

[http://users.livejournal.com/_mattt/]

You may not like it, but when public safety is perceived to be at risk, you must consent to a search or go elsewhere. Courthouses, the most public of all places, require a search of posessions. Logan Airport, operated by Massport, also requires you to submit to a search of yourself and your vehicle when on the property, not to mention the security screen to reach the gate. I'm not saying it's right. I'm just saying it's legal.