Response to Josh  (August 3rd, 2005)

by Aaron


Josh makes valid criticisms of the subway searches in New York City, but he glibly overlooks the serious dangers of the new policy.  First, civil libertarians can’t be “relied on to object to just about anything,” as Josh crassly states.  It is very clear what they object to:  violations of civil liberties and constitutionally guaranteed rights.  Josh calls the security concerns of the Daily News more “astute,” but he does not address the real constitutional issues that are raised.  Josh thinks he’s so fuckin’ smart. 

Anyway.  Josh is correct in highlighting how utterly ineffective and wasteful the new subway search policy is.  In some ways it seems completely nonsensical.  If someone goes down to a subway planning to attack and a cop asks to search his bag, why would he consent?  He would leave and go to a different station.  If the police are searching every 10th person, his chances of being stopped twice are either 1/20 or 1/100, depending on what they told me in math, which I forget. 

Unless he is appears to be Muslim and the police profile him, in which case the odds change.  In that case, his civil liberties are violated and Muslims in New York City become second-class citizens who are constantly under suspicion.  A policy of racial profiling reeks of racism and the unintended consequences of inviting more hatred and violence upon us.

Given the ineffectiveness of bag searching, the potential for racial profile is huge.  As is the potential for this policy to set a precedent for expanded police powers and further incursions on our 4th Amendment rights, which have been under attack at protests (especially at the DNC and RNC) in which police have tried searching people despite having no valid suspicion of criminal activity.  Civil liberties have been under attack since Bush was inaugurated and they have been in a state of crisis with the passage of the PATRIOT Act and other post-9/11 legislation.  Yet we are ignoring this blank check written to the NYPD that allows them to harass millions of New Yorkers who have only the subway as a means of transportation. 

At the very least, questions need to be raised.  But where has the media been?  The New York Times ran articles about how people are fine with the searches, based on meaningless street interviews.  In Clyde Haberman’s hard-hitting “NYC” column on July 26th, he celebrates the benefits of the searches as fewer people will carry bulky bags on to the subway, thus alleviating the “misery” of fellow passengers.  Next week, Haberman’s column will discuss how lucky Zimbabwean residents who have had their homes razed by Mugabe are because they don’t have to do housework. 

Security concerns are of course important.  But, since 9/11, the “concerns” are mostly a sham, a manipulation of the public consciousness aimed at complacency that allows illegal wars, unjust economic policy, and the stripping of civil liberties.  False perceptions of safety are not worth the ridiculous cost.  If that’s what we want, the MTA can start handing out blankets to nervous passengers.  We need to focus on the real “concerns” and the dangerous precedents being set before those concerns become an even more disastrous reality. 


© 2004 Aaron Sussman. All rights reserved.

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