How justified are bag searches on public transportation in New York City? After the recent London bombings, New York City authorities began to take precautionary measures, including searching passengers' bags on city subways and buses.
New Yorkers have responded with the same mixed feelings over these new methods of fighting international terrorism as before – from the war in Iraq, to the adoption of the PATRIOT Act, to the establishment of the Department of Homeland Security, to the intensive patrolling of streets and the color-coded terror alert level system.
While some fully approve bag inspections and consider them as an acceptable way of keeping New Yorkers safe, others find the searches an inconvenient but inevitable part of fighting an evil threat, they say, “War is hell and this is a war.” Another group wants authorities to take even stricter measures to ensure public safety. But the last group is agitated by the searches, seeing them as an encroachment of rights and freedoms.
Those who support the drastic measures charge their opponents with lacking self-preservation instincts, not to mention basic common sense. They wonder why it is difficult to understand this as a battle of life and death, and that by rejecting precautious measures, we place ourselves at risk.
Conversely, the supporters of civil liberties charge their opponents with blindness, deafness and an ignorance of history, if not criminal amnesia. They ask: How difficult is it to recall similar “innocent” security measures that heralded many totalitarian regimes? By encouraging such supposedly vital methods of fighting terror, they say, we contribute to the creation of a Orwellian world.
The American Civil Liberties Union (ACLU), the organization vigilantly guarding democratic freedoms, intends to file a suit against city authorities for the bag checks. ACLU activists are certain that the searches are unconstitutional and imperil essential rights and freedoms held by citizens of a democracy.
We wanted to find out what New York politicians thought about these bag searches on city subway stations and buses. We asked them the following questions:
1.) Do you support the bag inspections of some passengers on public transportation?
2.) Are the bag checks justified?
3.) Are such actions justified under the present circumstances of fighting international terrorism?
4.) Do you support the ACLU suit to be filed against the city?
5.) Do these checks ensure better public safety?
Michael Bloomberg, New York city mayor:
My administration will do everything necessary to guarantee the safety of New York residents. This is my duty, my responsibility. The world after September 11 is not the same. The terror acts in Madrid, Moscow and London reminded us of this. But we must maintain a balance between protecting New Yorker's civil liberties and providing for their safety.
I think that the passenger bag searches do not disrupt this balance. Some may see it as an invasion of privacy, but this is a small price to pay for safety in these times.
Gifford Miller, New York City Council speaker:
The searches are acceptable as just one of the methods of protecting New Yorkers from potential acts of terror. At the same time, this must be seen as a half-measure, which must not be confused with the larger-scope offensive approach to providing public safety on public transportation. Safety must be ensured, but not at the expense of civil liberties.
Searches conducted through racial profiling are unacceptable under any circumstances and must be considered a crime. I have always been categorically opposed to similar methods and for this very reason, it contributed to the adoption of the law that makes any pursuit based on ethnicity or race illegal. In no case can’t it be tolerated.
Martin Golden, New York State senator:
I am confident that under the conditions of fighting terrorism the bag searches are justified and are very important for providing safety to New York residents.
William Colton, deputy of the New York State Assembly:
I do not think that checking some bags of subway and bus passengers is dangerous and contradictory to democracy. New York was an explicit terrorist target, and it is necessary to take all reasonable measures to avert another possible act of terror.
Diane Savino, New York State senator
In my opinion, the searches of some public transportation passengers are completely justified if they can deter new acts of terror in New York. But whether they actually do is another question.
Steven Cymbrowitz, deputy of the New York State Assembly:
The most important question consists of the following: can the inspections of some passenger bags effectively prevent potential future acts of terror?
In my opinion, our police department manages brilliantly not only protect us, but also to make us feel safe from danger. However, if the Police Department considers the searches an important tool in the roster of safeguards, then I completely support them.
I believe in American rights and freedoms and also disagree with illegal searches. But would we be able to enjoy our freedoms if the terrorists win? Police do not search all passengers. Furthermore, New Yorkers are allowed to insist on not being searched. Therefore, these measures do not contradict our constitution.
