A New York City Transit rule requiring subway passengers to carry an ID with them at all times is unconstitutional, a federal judge ruled last week. The ruling comes in response to a lawsuit filed by the New York Civil Liberties Union on behalf of two photographers arrested taking photos of the Nostalgia Train at Broad Channel a few years ago. The NYCLU has trumpeted the case as a defense of New Yorkers’ rights to take photographs in the subway without fear of arrest or having to show ID to the police.
The rule under dispute — Section 1050.5.4(3) of Transit’s Rules of Conduct — required “all persons on or in any facility or conveyance….[to] provide accurate, complete and true information or documents requested by New York City police officers or Authority personnel acting within the scope of their employment and otherwise in accordance with law.” According to Judge Cheryl Pollak’s decision, the law as worded is far too vague and “reaches a substantial amount of constitutionally protected conduct.” It also “vests almost unlimited discretion in the NYPD officers charged with enforcement” as they are supposed to determine what constitutes “accurate, complete and true information or documents.” (The ruling, complete with a discussion as to how NYPD officers didn’t even understand the law they were enforcing, is available here as a PDF.)
Although the MTA has not yet responded to the decision, the NYCLU championed this legal verdict. “This decision is a victory for the freedom of people to walk around free from showing their papers, a core American right,” NYCLU Staff Attorney Mariko Hirose said in a statement. “It’s past time for the NYPD to learn about the Constitution and stop harassing and even arresting people for exercising their basic rights.” In the past, wrongful arrests for subway photography have cost the city, and time and again, courts have sided with the public in such disputes.
18 comments
What an absurd rule. Never knew that it existed.
I’ve been riding the trains for a lifetime, and I’d never heard of ot.
I’ve been riding the trains forever, and I had never heard of this ridiculous, never publicized law. I’d doubt that one rider in a thousand knows about it.
I’m glad that it was overturned.
What other foolish laws are on the books there?
Take a skim through Transit’s rules of conduct. A lot of the rules concerning passenger behavior grant considerable leeway to the cops. Rule 1050.7.9 concerns disorderly conduct:
That doesn’t really mean anything or it means everything depending upon the NYPD officer you get.
It may also depend on homeland security.
Also depending on ones viewpoint of the rules of conduct & situation at hand, some might get homeland security involved. And we all know what happens once homeland security gets it’s tenticles in something.
Twin posts. As I wasn’t sure that it went through the first time.
Sorry.
It’s not so much that the rules are incredibly broken as much as the NYPD is poorly trained regarding civil liberties and due process. We think of “free speech” as the matter-at-hand, as if that’s a thing the NYPD is trying to crack down on, but the truth is that officers write summonses and process arrests for all kinds of weird but lawful behavior. And every cop has a number they can call to reach a city lawyer and double-check a question of law! I’m sure some of them use it, but we hear so often how certain officers, with zero fear of reproach, just throw someone in a holding cell and let the criminal (and civil) courts sort out the charges and torts later. Maybe there’s no department policy to curb free speech, but there’s definitely a tolerated arrogance culture that works to infringe on civil liberties and should be remedied by court order, if the mayor, council speaker, police commissioner, public advocate or comptroller are all disinterested in making the first move.
They’re mostly indemnified from misconduct, and they have a general presumption that they’re telling the truth in everything from reporting to testimony. And they’ve cowed the milquetoast pols in charge of the city into never second-guessing their behavior, which is purported to reduce crime.
If cops are held accountable for their actions, we’ll return to the bad ol’ days!
If cops are held accountable for their actions, we’ll return to the bad ol’ days!
Sarcasm?
More like facetiousness. Many people think that, or at least take it for granted.
From reading the transcript of the judge’s ruling, I see that the photographers first came to the attention of the cops because they were on the tracks at Broad Channel taking pictures. Takes away from the righteousness of their victory somewhat, I would say.
If they were on the tracks, wouldn’t a smart cop have arrested them for trespassing? Surely there is a regulation against that.
Who cares about the righteousness of their victory? This is not a morality play, it is a court case affirming fundamental rights of the public. I’m thankful for the rare pushing back of government overreach wherever I can get it.
Please correct me if I’m wrong, because these ID rules / laws always get me confused:
If you’re found in violation of a law / rule, whether it be on the Subway / Bus or any NYC street, my understanding is that having an ID helps them rapidly verify your identity so you can be cited and sent on your way. What I don’t understand is what happens if you don’t have an ID. My assumption is that you’d have to be held / detained for the violation you committed until your identity can be verified. Therefore, you’re not in trouble for not carrying ID per se, but you’re in trouble for the crime committed and now instead of being ticketed and let go, you are being detained.
Am I way off base? What typically happens to people who need to be issued citations who are unable to present ID?
Your description is correct. Without ID, you can (and frequently are) held until your identity is ascertained and you can be booked (either with a ticket/summons).
Youre required to truthfully provide your name and address.
If the police think youre lying (Mickey Mouse, 123 Love St) then they can detain you. But they cant detain you if you look like youre telling the truth. Correction – they can, and then theyll be sued.
This isnt a “papers please” country.
That’s pretty interesting. I wonder if they’d at least radio in to make sure that’s correct. I can’t imagine it being too hard to confidently give someone else’s name and address.
Ben, reminder tonight 456 fastrack express both directions 42nd st-125th st. local platforms closed.