Subway Search Update

by jamie at 6:30 am on July 26th, 2005 in General

It’s the morning of the 5th day of random bag searches in New York City’s subway system, and, in case you were wondering, I’m still furious. Here’s why: It doesn’t seem like anyone else is furious.

Over the past few days I spoke to many people at work about the searches and most of them did not share my fury. This surprised me. Generally people felt that “at least they’re doing something.” I refrained from slapping these people upside the head and pushed the issue: “Does it really make you feel safer? Do you think random searches will work?”

“I don’t know,” these people would say, “but at least it’s something.”

In a society driven by instant gratification, people seemed reassured that the NYPD responded so quickly to the second London attack, starting the searches the very next day. It has been reported though that NYPD Police Commissioner Ray Kelly had been planning these searches for two years and was simply waiting for a time when the public would be accepting of the bold move. This was reported over the same weekend that the MTA was accusing the Transit Workers Union of using the London attacks for political gain. You see, the union felt the MTA wasn’t doing enough to train its staff, so it hired a private security firm to do anti-terror training for its members.

Lesson learned: The NYPD can capitalize on the attacs in London to institute potentially unconstitutional searches and people feel reassured BUT a union takes it upon themselves to TRAIN their members on proven tactics and they are accused of crass behavior.

I asked people at work how they felt about the searches as an opening for racial profiling. While I can’t quote verbatim one response (because I think I went into shock at my desk) the general sentiment was: racial profiling is acceptable in this case: everyone who has committed this kind of attack looks the same.

I’m sure the family of Jean Charles de Menezes, the Brazilian shot by Metropolitan police on Friday, feels quite differently. While it was first reported that the victim was South-East Asian, I’m sure his family can tell the difference between their son and a terrorist. And I seem to remember a white guy named Timothy. And Zacarias Moussaoui has always looked black to me.

Some people said, “Come on Jamie, it’s no different than airports.” But it is, and it isn’t. On one hand, we are all searched to some extent in the airport. On the other, random frisks and pat-downs are indeed the precursor to subway searches. So who is to say that subway searches are not the precursor to something bigger, like randomly searching our homes. I was quite surprised that a Rabbi nearing his 40s could not grasp the connection. These incremental breeches of our privacy could one day add up to a sum much larger than its parts.

To get a perspective outside of my homogeneous office I tried to read some blogging on the subject. In a comment section somewhere I saw someone suggest that you shouldn’t be allowed to bring a “bag larger than your head” on the trains. This drove home the socio-economic aspect of this debate for me, as well as the fact that New Yorkers are only looking out for themselves. First of all, it’s obvious that the searches are only targeting people that ride the subway, generally a lower income bracket. But to limit the size (or number) of bags you can carry limits the kind of person that can travel on public transportation. Imagine you have scraped together enough cash for a bus ticket home to Boise, but you need to ride the subway with your large duffle bag to get to the Port Authority. If we followed this person’s suggestion, you would not be allowed. Now if said commenter only ever carries a briefcase to work on the train and has the luxury of taking a cab to the airport for his or her vacations, this suggestion probably seemed reasonable – but it isn’t.

And its not even really about bags: I have not read anywhere that Jean Charles de Menezes was carrying a bag, only wearing an overcoat. I get it, it’s summer, it looked odd. But maybe he worked in an over air-conditioned building. My sister-in-law gets cold very easily. When the temperature dips below 65 it is not unusual for her to wear a jacket while the rest of us are still wearing shorts. This might look odd, even suspicious to a police officer, as I’m sure Mr. de Menezes looked odd last Friday, but who is to decide when it is “ok” to wear a coat?

I was mad all day Friday. The only time I smiled was when I saw this T-shirt on Gothamist and promptly bought one.

And the only sane thing I’ve heard so far from colleagues was when my friend Stephanie explained to me that random bag searches were not meant to find terrorists, or even to deter them. They were meant to keep us, the public in a very delicate balance of gratitude and fear: “I’m grateful they are doing ’something’ and I’m scared they have to do ‘anything.’” It made sense. They know they can’t stop terrorism, they’re just playing games. They’re playing us.

Since when do New Yorkers give the NYPD a free pass? For those of you who haven’t read it recently, I leave you with this:

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Pastor Martin Niemöller

Trackbacks & Pings

  1. matt.net on 27 Jul 2005 at 5:42 am

    No One Left

    From 1115:
    First they came for the Jews
    and I did not speak out
    because I was not a Jew.
    Then they came for the Communists
    and I did not speak out
    because I was not a Communist.
    Then they came for the trade unionists
    and I did not speak out
    because I …

Comments

  1. aaron wrote:

    flexyourright.org has a guide to asserting your 4th amendment rights during the subway searches. it is pretty helpful. they seem to be one of the only groups, besides the ACLU doing anything about this.

  2. jamie wrote:

    thanks aaron, but the link doesn’t seem to work — can you re-post?

  3. matt wrote:

    http://flexyourrights.org/

  4. jamie wrote:

    I don’t know anything about this site, however, reading this: http://www.flexyourrights.org/subway/ did make me feel better.

  5. frank wrote:

    one question has been puzzling me since the shooting of mr. menezes. i’m not saying the police had any right to use lethal force, i’m not a judge nor an informed jury and i certainly fall on the side of protecting civil liberties *produces ACLU “bust card” from his wallet* but has anybody answered (or asked) this question: why was Menezes running from the police in the first place?

  6. jamie wrote:

    i don’t know why he ran. . .but I will say this: he was appraoched by a plain clothes cop who had been tailing him. Who is to say what the cop looked like (maybe he looked scary?) and maybe as an immigrant, Mr. de Menezes felt threatened.

  7. jamie wrote:

    at 3:10pm i got on the train at 116th street. i took it 2 stops and bought some cat litter and cat food. i took the train back 2 stops and by 3:35 they had set up a bag check at the ONLY entrance to that subway stop. i cannot explain in words the way in which my blood boiled at the site of it, and i usually LIKE cops. i always smile and say hi, i figure they are there to protect me. but not anymore. if i were a cop i’d conscientiously object to the searches and move to canada.

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