December 22, 2010

DC Metro Bag Searches Are Unconstitutional

On December 21, 2010, random bag searches began for those wishing to board the DC Metro system. Passengers are selected at random to undergo searches of their private property. Those who choose not to be searched are not allowed to board a train. This is unconstitutional, and here is why.

The DC Metro, like all public transportation, is funded by the taxpayers; therefore, the DC Metro is public property, which belongs to the taxpayers. Barring innocent taxpayers from public property without just cause is a violation of civil rights and a misuse of public property.

Those who have already surrendered their rights to the TSA in order to get on a plane will cynically reply, "This is no different from the airport. We have surrendered our rights there, so we should surrender them on the DC Metro."

This is a flawed argument. Commercial airplanes are private property. Taxpayers do not own the airplanes, but they do own the trains. Yes, it is wrong that innocent people get violated when attempting to board planes, but the plans are private property, so the owners of the planes do not have to allow people to board. The DC Metro trains are different. The taxpayers own the trains, and they are intended for public use, so the taxpayers have a right to ride the trains. Making people subject to searches before being allowed to board a DC Metro train is barely different than making people subject to searches before allowing them to walk down a public sidewalk.

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