"Jerome Bibuld" wrote in message
...
Heil Dubya!

In 17 days, I must appear in court, because I refused to supply
"identification" when trying to exchange tickets at Grand Central Station.

Jerry,
In the interests of accuracy, I think you should state exactly what the
charge is on your citation. It isn't "refusal to show identification." I
assume it is something more along the lines of disturbing the peace.

Your case raises some interesting questions, albeit in a trivial setting.
Despite what you might think, this does not rise to the level of Rosa Parks'
refusal to do what she was ordered. (If you want to run a thought
experiment to test the validity of my assertion, consider what the
difference in effect would be between your winning your case as opposed
Parks winning her case, had she gone to trial using a defense based on the
14th Amendment. Your win would not mean a direct step toward freedom or
dignity for millions).

The first hurdle you will have to clear is to show that there was government
action involved in the MTA's refusal to give you a refund without ID. And
the government action of the arresting officers will not be sufficient, it
is the action of the clerk, an MTA employee, that is at issue. Is the MTA a
government agency? Techinically, it is described as public-benefit
corporation chartered by New York State. I can't say whether or not that
makes it a government agency for right of privacy purposes.

Assuming you are successful in showing that the MTA is a government actor,
your real test still awaits you. Absent discrimination (does the MTA only
ask for ID from overweight white chess photographers who are uninformed
about distinctions between fascism on the one hand and misapplication of
force on the other, or do they require it of all persons seeking refunds?)
you are basically going to have to show that the MTA had no legitimate
purpose in asking for ID, or no legitimate purpose that could not have been
fulfilled by less intrusive means. And assuming the absence of
discrimination, the MTA will have to make only the most minimal showing of
legitimacy in order to undercut your defense.

I note in passing that fascist regimes don't recognize the notion of
citizens' rights to the extent that it is even concevable that a municipal
court could find for a defendant on constitutional grounds. In the
imperfect republic in which you reside, such a finding is conceivable.

Anyway, good luck, I hope you win. And hope you can make it to the Norwalk
Quads. Since the next Quads are coming up on October 11, you will have a
chance to play before you have to serve your time in the pokey.

Best,
Bob Musicant

************************************************** ************************
********************
When I was in the sixth grade, I had a teacher, Mrs. Wilson, who used to
tell
us how wonderful it was to live in the United States. Her favorite reason
was
that, while people had to carry identification at all times in other
countries,
we could walk the streets with no identification at all and, as long as we
were
peaceful, we were safe from governmental interference. Oh, well, tempus
fugit.

Infringement of Human Rights and False Arrest in Grand Central Station

On Wednesday morning, 10 September, I went to New York, as I do almost
every
Wednesday, to coach S. S., a dear friend, in chess. This is one of the
small
pleasures of my life, particularly because my friend is 97 years old and
keeps
alive in me the hope that I shall be as vital as she, if and when I reach
my
98th year.

I planned to stop in Mount Vernon, on my way back, to visit another
friend, so
I purchased three tickets at the Metropolitan Transit Authority (MTA)
station
in White Plains, where I live: one from White Plains to Grand Central
Terminal;
one from Grand Central Terminal to Mount Vernon; and one from Mount Vernon
to
White Plains. The charges were $4.00 for the first ticket, $3.50 for the
second ticket and $1.00 for the third ticket. (I am 75 years old, so pay
reduced fares, as a "senior citizen".)

As often is the case, I enjoyed myself so much at the home of S. S. that I
left
it much later than originally intended. I called my Mount Vernon friend,
who
found a late visit inconvenient, so we cancelled our appointment and
arranged
another date and time to meet. As the saying goes, "No problem."

When I arrived at Grand Central Station, of course, I went to the ticket
office
to exchange my two tickets (GCT to MV and MV to W, as they were designated
on
the tickets) for a single ride to White Plains -- and a fifty cent refund.
There, the clerk asked me for identification.

"Why?" I asked. "Where is it written?"

I don't remember the exact response, but I do remember that my questions
were
not answered. Instead, I was ordered to provide identification, if I
wanted to
exchange my two tickets for one ticket and a fifty cent refund. Those
were the
regulations, I was told, and they didn't have to show me where it was
written.

I refused to provide the ordered identification.

The clerk told me to move on, if I wouldn't show identification. I
refused to
do this, too, so we were at a brief impasse. This didn't last long,
because
the clerk left her window to get a supervisor, who, when he arrived,
supported
the clerk's position that identification was required, because those were
the
regulations: no identification, no exchange of tickets and no refund. (He
also
ignored the question about "where was it written.")

I refused again, so the supervisor repeated the injunction of the clerk:
move
on. When I stood my ground at the ticket window, he summoned the MTA
police.
I am of average size (five feet nine inches and 185 pounds), so only four
members of the force showed up. They wore badge numbers 2273, 2337, 2461
and
2480.

They tried to "reason" with me. Essentially, their points were that it
wasn't
worth my trouble to refuse to show identification over a fifty cent
refund;
that, were I to be arrested, it would be a terrible inconvenience for me
and
that I would be put in jail, probably overnight, with felons and other
miscreants. (The former was their word, but I supply the latter.) Why
not be
a good boy (None of them was old enough to be, normally, my child; I
believe
all could have been my grandchildren.), show the identification and go
home to
White Plains. I think they did achieve one goal; they got me away from
the
ticket window.

After a brief discussion, we went our separate ways and I returned to the
ticket window where the quiet scene of five to ten minutes earlier was
repeated. This time, when the MTA police were called, only two showed up.
Apparently, they had met the enemy and decided that it was not imposing
enough
for four officers. This time, there was little discussion. I was
arrested and
brought to the MTA police station. It was an uncomfortable - but not
frightening -- experience. What I disliked most was being handcuffed
behind my
back, with cuffs that were rather too tight (and left an impression on my
skin,
which I noticed when they were removed).

In the police station, I was searched and had everything removed from my
pockets. My money was removed from its wallet and, after being counted,
was
stuffed into my shirt pocket. Everything else was kept by the MTA police.
I
believe the arresting officer intended to keep all my medications, but I
appealed to the sergeant on duty, who allowed me to have my
nitroglycerine. I
was told to remove my shoes, which they kept, and locked up. Despite
having my
identification, the arresting officer asked me several questions, to
identify
me, such as name, address and date of birth. The poor man was most
annoyed.
Here, he was, stuck arresting a 75-year-old eccentric, when, as he told
me, he
was needed for more important duties, like "the war on terrorists". ("You
are
taking us away from serious things, like 9-11" and other such words of
opprobrium, which I tuned out, after the first sentence,)

The sergeant who allowed me to keep my nitroglycerine, seemed to want to
get
rid of this nuisance, so he asked me if I would go home quietly -- not
return
to the ticket window -- if I received a ticket to White Plains and fifty
cents.
I told him, "Of course. That's what I wanted from the beginning." He
told me
he would see what he could do. About a half hour or a little more later,
he
returned with the ticket to White Plains, the fifty cents and a summons to
answer a charge of "DISCON" at 314 W 54 St, Summons Part AR 6, on 15
October
2003. I plan to plead, "Not guilty", of course. I also plan to sue the
MTA
for infringement of my human rights and for false arrest. (If anyone
knows a
lawyer who is willing to take these cases on a pro bono basis, I would
appreciate a contact.)

("Dammittohell!" in my favorite exclamation of Nils's Uncle Chris. The
15th of
October is a Wednesday and I shall miss my date with S. S.)

Heute Uhmuhrikkka, Afghanistan und Irak. Morgen die ganze Welt!

Uhmuhrikkka, Uhmuhrikkka uber Alles!

(Was 11 September 2001 Kristalnacht or the date of the Reichstag fire?)

Fraternally,

Jerome Bibuld

gens una sumus