Heil Dubya!

In two days, I shall go to court. This is the final appeal I shall make on
this bbs for help in meeting an attorney who might take the case on a pro-bono
basis.

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, at 0930 hours, 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

"Jerome Bibuld" cried from his cross
...

Heil das lieden Christie!

In two days, I shall go to court. This is the final appeal I shall make
on
this bbs for help in meeting an attorney who might take the case on a
pro-bono
basis.

Why not check with Sam Sloan and see if he is busy then?

StanB

DEFENDING JERRY BIBULD

By Larry Parr
In two days, I shall go to court. This is the final appeal I shall make on
this bbs for help in meeting an attorney who might take the case on a
pro-bono basis. -- Jerry Bibuld

Why not check with Sam Sloan and see if he is busy then? -- StanB

In an e-mail message a few days back, a reader asked how I could defend
Jerry Bibuld after he supported the worst excesses of the Stalin regime and
attacked "the two Liarries" for years.

The answer is that I am not really defending him so much as I am defending
OURSELVES. Jerry did the right thing in opposing the social control in
question. He did not want to produce his "papers," thereby adding a tiny grain
of sand to the right side of the scales.

But probably the best he can hope for is to have the case dismissed.

"Parrthenon" wrote in message
...

In two days, I shall go to court. This is the final appeal I shall make
on
this bbs for help in meeting an attorney who might take the case on a
pro-bono basis. -- Jerry Bibuld

Why not check with Sam Sloan and see if he is busy then? -- StanB

In an e-mail message a few days back, a reader asked how I could defend
Jerry Bibuld after he supported the worst excesses of the Stalin regime
and
attacked "the two Liarries" for years.

The answer is that I am not really defending him so much as I am
defending
OURSELVES. Jerry did the right thing in opposing the social control in
question. He did not want to produce his "papers," thereby adding a tiny
grain
of sand to the right side of the scales.

But probably the best he can hope for is to have the case dismissed.

First he was in a place of business. Second he asked for a refund. Third he
created a scene when he refused to identify himself in order to get the
refund.

As an auditor I would confirm a random sample of those refunds to lower the
inherent risk that the ticket guy wasn't inventing refund claims.

It is one thing to be asked for ID in the course of business and quite
another to have some Gestapo walk up and ask for your papers. Serves Jerri
right for being such an asshole. Afterall, he had the freedom to forego his
refund.

StanB

"StanB" writes:
As an auditor I would confirm a random sample of those refunds to lower the
inherent risk that the ticket guy wasn't inventing refund claims.

What's the mechanism for inventing a refund claim? If he had a
refundable ticket, there's nothing to invent.

It is one thing to be asked for ID in the course of business and
quite another to have some Gestapo walk up and ask for your
papers. Serves Jerri right for being such an asshole. Afterall, he
had the freedom to forego his refund.

Uhh, I don't know about the train he was trying to ride but some bus
tickets I've bought at different times explicitly have explicitly they
were refundable. If the conditions for buying the ticket said he
could get a refund and didn't specify ID, the company does not have
the freedom to change the conditions after the fact. He paid his
money for the ticket and is entitled to collect the services or refund
promised without any additional conditions being imposed.

"Paul Rubin" wrote in message
...
"StanB" writes:
As an auditor I would confirm a random sample of those refunds to lower
the
inherent risk that the ticket guy wasn't inventing refund claims.

What's the mechanism for inventing a refund claim? If he had a
refundable ticket, there's nothing to invent.

That's easy, palm a couple of legitimate tickets and take the cash out of
the drawer.

It is one thing to be asked for ID in the course of business and
quite another to have some Gestapo walk up and ask for your
papers. Serves Jerri right for being such an asshole. Afterall, he
had the freedom to forego his refund.

Uhh, I don't know about the train he was trying to ride but some bus
tickets I've bought at different times explicitly have explicitly they
were refundable. If the conditions for buying the ticket said he
could get a refund and didn't specify ID, the company does not have
the freedom to change the conditions after the fact. He paid his
money for the ticket and is entitled to collect the services or refund
promised without any additional conditions being imposed.

Many do it your way. Others require a name and address for all cash refunds.
They have that right.

StanB

"StanB" writes:
That's easy, palm a couple of legitimate tickets and take the cash
out of the drawer.

If they're like any other tickets I've bought recently, they're
printed by a computer when purchased. The cash drawer and the ticket
machine have to balance. Even preprinted tickets are usually serial
numbered and have to be accounted for just like cash.

Many do it your way. Others require a name and address for all cash
refunds. They have that right.

Only if they disclose the requirement ahead of time, IMO. Anyway,
requiring a name and address is not the same as requiring ID. The
requirement of a name and address should be satisfiable by giving the
name and address of another person who they can send a check to.

Friends, enemies and those in between:

Heil Dubya!

The case was dismissed, "for insufficient cause", to quote the judge, in less
than two minutes after it was called by the court clerk. Incidentally, neither
the arresting "officer" nor any representative of the Metropolitan Transit
Authority made an appearance.

I think I may have an excellent case for false arrest and will try to get an
attorney to take it up on a contingency basis. Does anyone know an attorney
who might be willing to to this?

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

Uhmnuhrikikka, Uhmuhrikkka uber Alles!

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

Fraternally,

Jerome Bibuld
gens una sumus

ospam (Jerome Bibuld) writes:
The case was dismissed, "for insufficient cause", to quote the
judge, in less than two minutes after it was called by the court
clerk. Incidentally, neither the arresting "officer" nor any
representative of the Metropolitan Transit Authority made an
appearance.

That's pretty typical. The same thing happens if you get a jaywalking
ticket. The cops have better things to do than show up to pursue them.

I think I may have an excellent case for false arrest and will try
to get an attorney to take it up on a contingency basis. Does
anyone know an attorney who might be willing to to this?

Not likely.

TWO CHEERS FOR JERRY BIBULD

By Larry Parr

Two cheers for Jerry Bibuld's positional legal victory. (We are not sure
of his tactical moves, but we have enjoyed his maneuvering.)

And by the way: make those real smalltown America cheers, not mock Bronx
cheers. Though, for all I know, he may have had his court appearance in the
Bronx.

But why only two rather than three cheers?

That's because I don't think Mr. Bibuld understands why he was right to
act as he did. He wanted to strike a blow against fascism, whereas I think he
struck a blow against an unwarranted social control that proceeds from human
diminishment -- a diminishment that must always occur when vast centralized
regimes invade every area of social relations.

As the Russian historian Karamzin wrote of the tsarist dispensation, "As
the state becomes strong, the people grow sickly."

Having said the above, Mr. Bibuld is right to talk about fascism. Our
variety is still of the friendly type -- not yet Mussolini's routine fatal
doses of castor oil, at least not for most American citizens. But to imagine
that a country now ruled by the judicial doctrine of "compelling state
interest" rather than the natural rights propounded by the Founding Fathers
will not "beat and beat and beat," as Stalin demanded of his interrogators in
the Doctors' Plot, when such becomes a "compelling state interest," is to
imagine that America stands apart from history. It is to imagine what never
has been and never will be.

I hope that Mr. Bibuld sues for false arrest. I hope that he wins. Not
because he underwent some horrendous experience that can only be compensated by
many thousands of dollars but because a successful suit would be yet another
chip from the wall of mass social regulation.