but is the issue moot?
Aug. 3rd, 2004 12:09 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
chhotiiAs far as I know, the only court ruling on the legality of searches on the MBTA was limited to considering searches during the period of time of the DNC. That ruling was in the MBTA's favor, but the reasoning behind the decision was based on the DNC going on.
Thus the MBTA doesn't have a legal leg to stand on if it tries to do searches now, or any time in the future, now that the DNC is over (and will probably never come back to Boston). I'm sure they know that. They are just not admitting it to the rest of us. I'm sure they would rather leave the issue up in the air and undecided, to leave themselves the most flexibility in the future.
So are post-DNC searches for real, or just bluster? The key test of this, I think, is whether the MBTA maintains signs notifying us that we are subject to search. If there is no notice, then any attempt by the MBTA to search passengers is even more illegal. The MBTA needs those signs up to cover their legal ass if they try to search or eject anyone. They really, really need those signs. They know that.
I realize now, the MBTA is not going to rush out and take down the signs even if they don't have plans to search. This is just not going to be a high priority item for T employees. But, if they make the effort to maintain the notices, that's an ominous sign.
I saw signs on Monday morning at my local commuter rail station. Those signs probably pre-date the DNC. I haven't notices any more signs, notifying of their intention to search, anywhere else after the DNC, but it only occurred to me this morning to try to look for them.
Here are my questions, which I need the help of other people's eyeballs to try to answer:
1) Where are notices, notifying the public that they may be searched on the MBTA, currently posted?
2) If one of these notices disappears-- either through natural weathering or, um, intervention-- does the MBTA replace it?
3) Have there been any incidents of the MBTA searching passengers since the DNC delegates left town?
Thus the MBTA doesn't have a legal leg to stand on if it tries to do searches now, or any time in the future, now that the DNC is over (and will probably never come back to Boston). I'm sure they know that. They are just not admitting it to the rest of us. I'm sure they would rather leave the issue up in the air and undecided, to leave themselves the most flexibility in the future.
So are post-DNC searches for real, or just bluster? The key test of this, I think, is whether the MBTA maintains signs notifying us that we are subject to search. If there is no notice, then any attempt by the MBTA to search passengers is even more illegal. The MBTA needs those signs up to cover their legal ass if they try to search or eject anyone. They really, really need those signs. They know that.
I realize now, the MBTA is not going to rush out and take down the signs even if they don't have plans to search. This is just not going to be a high priority item for T employees. But, if they make the effort to maintain the notices, that's an ominous sign.
I saw signs on Monday morning at my local commuter rail station. Those signs probably pre-date the DNC. I haven't notices any more signs, notifying of their intention to search, anywhere else after the DNC, but it only occurred to me this morning to try to look for them.
Here are my questions, which I need the help of other people's eyeballs to try to answer:
1) Where are notices, notifying the public that they may be searched on the MBTA, currently posted?
2) If one of these notices disappears-- either through natural weathering or, um, intervention-- does the MBTA replace it?
3) Have there been any incidents of the MBTA searching passengers since the DNC delegates left town?
